Chapter 1.04
GENERAL PROVISIONS
Sections:
1.04.030 Application to future ordinances.
1.04.060 Rules of construction.
1.04.070 Revivor--Effect of repeal.
1.04.080 Conflicting provisions.
1.04.100 Reference to other sections.
1.04.110 Reference to offices.
1.04.120 Errors and omissions.
1.04.150 Ordinances unaffected.
1.04.170 Amendments to code--Amendatory language.
1.04.010 Title of code.
This codification of ordinances by and for the County of Vanderburgh, Indiana, shall be designated as the “Vanderburgh County Code” and may be so cited.
(Prior code § 10.01)
1.04.020 Interpretation.
A. 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 the Indiana Code.
B. Where a section of this code is followed by a reference to the Indiana Code, the reference indicates that the section is analogous or similar to the cited sections in the Indiana Code. Footnotes, cross-references, and other comments are by way of explanation only and should not be deemed a part of the text of any section.
C. All provisions of this code are limited in application to the territorial boundaries of the county although the provisions may not be so limited specifically. Nothing herein contained is intended to conflict with or supersede applicable state or federal laws.
D. Code, title, chapter, and section headings do not constitute any part of the law as contained in the code.
(Prior code § 10.02)
1.04.030 Application to future ordinances.
All provisions of this title not incompatible with future legislation shall apply to ordinances hereafter adopted which amend or supplement this code unless otherwise specifically provided.
(Prior code § 10.03)
1.04.040 Captions.
Headings and captions used in this code other than the title, chapter, and section numbers are employed for reference purposes only and shall not be deemed a part of the text of any section.
(Prior code § 10.04)
1.04.050 Definitions.
A. General Rule. Words and phrases shall be taken in their plain, ordinary, and usual sense. But technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.
B. For the purpose of this code, unless otherwise specifically provided, the following words and phrases shall have the following meanings.
“This code” or “this code of ordinances” means the county code as modified by amendment, revision, and adoption of new titles, chapters, or sections.
“Commission” means the board of county commissioners of Vanderburgh County, Indiana.
“Council” means the county council of Vanderburgh County, Indiana.
“County” means the county of Vanderburgh, Indiana.
“May” is permissive.
“Month” means a calendar month, unless otherwise expressed.
“Owner” applied to a building or land, means and includes any part owner, joint owner, tenant in common, tenant in partnership, or joint tenant of the whole or a part of the building or land, either alone or with others.
“Person” means an individual, firm, corporation, association, fiduciary, or governmental entity.
“Personal property” means every species of property except real property.
“Property” means real and personal property.
“Real property” means lands, tenements, and hereditaments and all chattels real.
“Shall” is mandatory.
“Sidewalk” means that portion of a street between the curblines of the lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians.
“State” means the state of Indiana.
“Street” except as provided in the traffic code, means the entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right.
“Year” means a calendar year, unless otherwise expressed.
(Prior code § 10.05)
1.04.060 Rules of construction.
The construction of all ordinances of this county shall be by the following rules, unless that construction is plainly repugnant to the intent of the legislative body or of the context of the same ordinance.
A. “And” or “or.” Either conjunction shall include the other as if written “and/or,” if the sense requires it.
B. Acts by Assistants. When a statute requires an act to be done which, by law, an agent or deputy as well may do as the principal, the requisition shall be satisfied by the performance of the act by an authorized agent or deputy.
C. Gender-Singular and Plural-Tenses. 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.
D. General Term. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited.
E. Joint Authority. Words importing joint authority to three or more persons shall be construed as authority to a majority of these persons, unless otherwise declared in the law giving the authority.
(Prior code § 10.06)
1.04.070 Revivor--Effect of repeal.
Whenever an ordinance is repealed, which repealed a former ordinance, the original ordinance shall not thereby be revived, unless it shall be so expressly provided.
(Prior code § 10.07)
1.04.080 Conflicting provisions.
If the provisions of different codes, chapters, or sections of the codified ordinances conflict with or contravene each other, the provisions bearing the latest passage date shall prevail. If the conflicting provisions bear the same passage date, the conflict shall be construed so as to be consistent with the meaning or legal effect of the subject matter taken as a whole.
(Prior code § 10.08)
1.04.090 Severability.
If any provision of this code as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application.
(Prior code § 10.09)
1.04.100 Reference to other sections.
Whenever in one section reference is made to another section hereof, the 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.
(Prior code § 10.10)
1.04.110 Reference to offices.
Reference to a public office or officer shall be deemed to apply to any office, officer, or employee of the county 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.
(Prior code § 10.11)
1.04.120 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 the intent, the spelling shall be corrected and the word or words supplied, omitted, or substituted that 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 the error.
(Prior code § 10.12)
1.04.130 Official time.
The official time, as established by applicable state and federal law, shall be the official time within the county of the transaction of all county business.
(Prior code § 10.13)
1.04.140 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 the act or the giving of the notice.
B. In computing any period of time prescribed or allowed by this code, by order of any court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed is to be included unless it is a Saturday; a Sunday; a legal holiday as defined by state statute; or a day the office in which the act is to be done is closed during regular business hours. In any event, the period runs until the end of the next day that is not a Saturday, a Sunday, a legal holiday, or a day on which the office is closed. When the period of time allowed is less than seven days, intermediate Saturdays, Sundays, legal holidays, and days on which the office is closed shall be excluded from the computations.
1.04.150 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.
(Prior code § 10.16)
1.04.160 Ordinances saved.
Whenever an ordinance by its nature either authorizes or enables the legislative body or a certain county officer or employee to make additional ordinances or regulations for the purpose of carrying out the intent of the ordinance, all ordinances and regulations of a similar nature serving that purpose effected prior to the codification and not inconsistent thereto, shall remain in effect and are saved.
(Prior code § 10.17)
1.04.170 Amendments to code--Amendatory language.
Any chapter, section, or division amended or added to this code by ordinances passed subsequent to this code may be numbered in accordance with the numbering system of this code and printed for inclusion herein. Any chapter, section, or division repealed by subsequent ordinances may be excluded from this code by omission from reprinted pages. Subsequent ordinances as printed or omitted shall be prima facie evidence of the subsequent ordinances until the legislative body of the county adopts a new code of ordinances.
(Prior code § 10.18)