CHAPTER 1.04:
GENERAL PROVISIONS
Section
1.04.030 Application to future ordinances
1.04.050 Rules of interpretation; definitions
1.04.070 Reference to other sections
1.04.080 Reference to offices; name designations
1.04.110 Repeal or modification of code section
1.04.130 Ordinances unaffected
1.04.140 Ordinances which amend or supplement code
1.04.150 Section histories; statutory references
1.04.160 Preservation of penalties, offenses, rights and liabilities
1.04.010 TITLE OF CODE.
All ordinances of a permanent and general nature of the city, as revised, codified, rearranged, renumbered, and consolidated into component codes, titles, chapters, and sections, shall be known and designated as the "Southport City Code," for which designation "Code of Ordinances," "Codified Ordinances" or "Code" may be substituted. Code title, chapter, and section headings do not constitute any part of the law as contained in the code.
1.04.020 INTERPRETATION.
Unless otherwise provided herein, or by law or implication required, the same rules of construction, definition, and application shall govern the interpretation of this code as those governing the interpretation of state law.
1.04.030 APPLICATION TO FUTURE ORDINANCES.
All provisions of Title I compatible with future legislation shall apply to ordinances hereafter adopted amending or supplementing this code unless otherwise specifically provided.
1.04.040 CONSTRUCTION OF CODE.
(A) This code is a codification of previously existing laws, amendments thereto, and newly enacted laws. Any previously existing law or amendment thereto reenacted by this code shall continue in operation and effect, as if it had not been repealed by this code. All rules and regulations adopted under laws reenacted in this code shall remain in full force and effect unless repealed or amended subsequent to the enactment of this code.
(B) Any appropriation repealed and reenacted by this code is continued only for the period designated in the original enactment of that appropriation.
(C) The numerical order and position of sections in this code does not resolve a conflict between two or more sections.
(D) Any irreconcilable conflict between sections shall be resolved by reference to the dates that the sections were originally enacted. The section most recently enacted supersedes any conflicting section or subsection.
(E) All references within a section of this code to any section of previously existing laws refer to the numbers in the original enactment.
(F) (1) The numerical designations and descriptive headings assigned to the various titles, chapters, subchapters or sections of this code, as originally enacted, or as added by amendment, are not law, and may be altered by the compilers of this or any subsequent codification, in any official publication, to more clearly indicate its content. These descriptive headings are for organizational purposes only, and do not affect the meaning, application, or construction of the law they precede.
(2) Each note following a section of this code is for reference purposes only, and is not a part of the section.
(G) All references to any section of this code refer to all subsequent amendments to that section, unless otherwise provided.
(I.C. 1-1-1-5)
1.04.050 RULES OF INTERPRETATION; DEFINITIONS.
(A) Rules of interpretation. This code shall be construed by the following rules unless such construction is plainly repugnant to the legislative intent or context of the provision.
(1) Words and phrases shall be taken in their plain, ordinary, and usual sense. Technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.
(2) Words imputing joint authority to three or more persons shall be construed as imputing authority to a majority of such persons, unless otherwise declared in the section giving such authority.
(3) Where a section requires an act to be done which, by law, an agent or deputy may perform in addition to the principal, the performance of the act by an authorized deputy or agent is valid.
(4) Words denoting the masculine gender shall be deemed to include the feminine and neuter genders; words in the singular shall include the plural, and words in the plural shall include the singular; the use of a verb in the present tense shall include the future, if applicable.
(B) Definitions. For the purpose of this code of ordinances, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. The City of Southport, Indiana.
CLERK-TREASURER. The Clerk-Treasurer of the Common Council.
COMMON COUNCIL. The Common Council of the City of Southport, Indiana.
COUNTY. Marion County, Indiana.
HIGHWAY. Includes bridges, roads, and streets, unless otherwise expressly provided.
MONTH. One calendar month.
PERSON. Extends to and includes person, persons, firm, corporation, copartnership, trustee, lessee, or receiver. Whenever used in any clause prescribing and imposing a penalty, the terms PERSON or WHOEVER as applied to any unincorporated entity shall mean the partners or members thereof, and as applied to corporations, the officers or agents thereof.
PRECEDING and FOLLOWING. When referring to sections or divisions in this code, refer to the sections or divisions next following or next preceding that in which the words occur, unless some other section is designated.
WRITTEN and IN WRITING. Include printing, lithographing, or other modes of representing words and letters. Where the written signature of a person is required, the terms mean the proper handwriting of the person, or the person’s mark.
YEAR. One calendar year, unless otherwise expressly provided.
(I.C. 1-1-4-5)
1.04.060 SEVERABILITY.
(A) If any section of this code now enacted or subsequently amended or its application to any person or circumstances is held invalid, the invalidity does not affect other sections that can be given effect without the invalid section or application.
(B) Except in the case of a section or amendment to this code containing a nonseverability provision, each division or part of every section is severable. If any portion or application of a section is held invalid, the invalidity does not affect the remainder of the section unless:
(1) The remainder is so essentially and inseparably connected with and so dependent upon the invalid provision or application that it cannot be presumed that the remainder would have been enacted without the invalid provision or application; or
(2) The remainder is incomplete and incapable of being executed in accordance with the legislative intent without the invalid provision or application.
(C) This section applies to every section of this code regardless of whether a section was enacted before or after the passage of this code.
(I.C. 1-1-1-8)
1.04.070 REFERENCE TO OTHER SECTIONS.
Whenever in one section, reference is made to another section hereof, such reference shall extend and apply to the section referred to as subsequently amended, revised, recodified, or renumbered unless the subject matter is changed or materially altered by the amendment or revision.
1.04.080 REFERENCE TO OFFICES; NAME DESIGNATIONS.
(A) Reference to offices. Reference to a public office or officer shall be deemed to apply to any office, officer, or employee of this municipality exercising the powers, duties, or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary.
(B) Name designations. Whenever any ordinance or resolution of the Council refers to any board, bureau, commission, division, department, officer, agency, authority, or instrumentality of any government, and that name designation is incorrectly stated; or at the time of the effective date of that ordinance or subsequent thereto, the rights, powers, duties, or liabilities placed with that entity are or were transferred to a different entity; then such named board, bureau, commission, department, division, officer, agency, authority or instrumentality, whether correctly named in the ordinance at its effective date or not, means that correctly named entity, or the entity to which such duties, liabilities, powers, and rights were transferred.
(I.C. 1-1-6-1)
1.04.090 ERRORS AND OMISSIONS.
If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express such intent, such spelling shall be corrected and such word or words supplied, omitted, or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of such error.
1.04.100 REASONABLE TIME.
(A) In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice shall be deemed to mean the time which is necessary for a prompt performance of such act or the giving of such notice.
(B) The time within which an act is to be done, as herein provided, shall be computed by excluding the first day and including the last. If the last day be a Saturday, Sunday, or a state holiday, it shall be excluded.
1.04.110 REPEAL OR MODIFICATION OF CODE SECTION.
When a section of this code is repealed which repealed a former section or law adopted prior to the enactment of this code, the former section or law is not revived unless it so expressly provides. The repeal of any section shall not extinguish or release any penalty, forfeiture, or liability incurred under such section, unless the repealing section so expressly provides. Such section shall be treated as still remaining in force for the purposes of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability.
(I.C. 1-1-5-1)
1.04.120 LIMITATION PERIODS.
The running of any period of limitations or any requirement of notice contained in any law, whether applicable to civil causes or proceedings, or to the prosecution of offenses, or for the recovery of penalties and forfeitures, contained in a law repealed and reenacted by this code shall not be affected by the repeal and reenactment; but all suits, proceedings, and prosecutions for causes arising or acts committed prior to the effective date of this code may be commenced and prosecuted with the same effect as if this code had not been enacted.
Statutory reference:
Periods of limitation, see I.C. 1-1-1-7
1.04.130 ORDINANCES UNAFFECTED.
All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not embraced in this code shall remain in full force and effect unless herein repealed expressly or by necessary implication.
1.04.140 ORDINANCES WHICH AMEND OR SUPPLEMENT CODE.
(A) If the legislative body shall desire to amend any existing chapter or section of this code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place.
(B) Any ordinance which is proposed to add to the existing code a new chapter or section shall indicate, with reference to the arrangement of this code, the proper number of such chapter or section. In addition to such indication thereof as may appear in the text of the proposed ordinance, a caption or title shall be shown in concise form above the ordinance.
1.04.150 SECTION HISTORIES; STATUTORY REFERENCES.
(A) As histories for the code sections, the specific number and passage date of the original ordinance, and the most recent three amending ordinances, if any, are listed following the text of the code section. Example: (Ord. 10, passed 5-13-1960; Am. Ord. 15, passed 1-1-1970; Am. Ord. 20, passed 1-1-1980; Am. Ord. 25, passed 1-1-1985)
(B) (1) If a statutory cite is included in the history, this indicates that the text of the section reads substantially the same as the statute.
Example: (I.C. 36-5-2-2) (Ord. 10, passed 1-17-1980; Am. Ord. 20, passed 1-1-1985)
(2) If a statutory cite is set forth as a "statutory reference" following the text of the section, this indicates that the reader should refer to that statute for further information.
Example:
§ 39.01 PUBLIC RECORDS AVAILABLE.
This municipality shall make available to any person for inspection or copying all public records, unless otherwise exempted by state law.
Statutory reference:
For provisions concerning the inspection of public records, see I.C. 5-14-3-1 et seq.
1.04.160 PRESERVATION OF PENALTIES, OFFENSES, RIGHTS AND LIABILITIES.
All offenses committed under laws in force prior to the effective date of this code shall be prosecuted and remain punishable as provided by those laws. This code does not affect any rights or liabilities accrued, penalties incurred, or proceedings begun prior to the effective date of this code. The liabilities, proceedings and rights are continued; punishments, penalties, or forfeitures shall be enforced and imposed as if this code had not been enacted. In particular, any agreement granting permission to utilize highway right-of-ways, contracts entered into or franchises granted, the acceptance, establishment or vacation of any highway, and the election of corporate officers shall remain valid in all respects, as if this code had not been enacted.
1.04.999 GENERAL PENALTY.
Any person, firm, or corporation who violates any provision of this code for which another penalty is not specifically provided shall, upon conviction, be subject to a fine not exceeding $2,500. A separate offense shall be deemed committed upon each day during which a violation occurs or continues.
Statutory reference:
Power to prescribe fines up to $2,500 granted, see I.C. 36-1-3-8(a)(10)