Chapter 1.05
GENERAL PROVISIONS
Sections:
1.05.010 How code designated and cited.
1.05.020 Rules of construction and definitions.
1.05.030 Catchlines of sections.
1.05.050 Unauthorized alterations or tampering with code.
1.05.060 Ordinances – Recordation and publication.
1.05.080 Effect of repeal of ordinances.
1.05.090 Severability of parts of code.
1.05.110 Offenses punishable under separate provision.
1.05.010 How code designated and cited.
The ordinances embraced in the following chapters and sections shall constitute and be designated the “Town Code of Whitestown, Indiana” and may be so cited. [Ord. 1984-05 § 10. Prior code Title 1, Ch. 1, § 1]
State Law Reference – For power to codify, see IC 36-1-4-11 and IC 36-1-5-1 through IC 36-1-5-6.
1.05.020 Rules of construction and definitions.
In the construction of this code, and of all ordinances of the town, the rules and definitions set out in this section shall be observed, unless such construction would be inconsistent with the manifest intent of the common council. The rules of construction and definitions set out herein shall not be applied to any section of this code which shall contain any express provisions excluding such construction, or where the subject matter or context of such section may be repugnant thereto.
Generally. All general provisions, terms, phrases and expressions contained in this code shall be liberally construed in order that the true intent and meaning of the common council may be fully carried out.
In the interpretation and application of any provisions of this code, it shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of this code imposes greater restrictions upon the subject matter than another more general provision imposed by this code or other law, the provision imposing the greater restriction or regulation shall be deemed to be controlling.
“Computation of time” means the time within which any act provided for or required by law is to be done shall be computed by excluding the first day and including the last. If the last day is Sunday, it shall be excluded and the next day shall be included.
Corporate Limits, Town Limits. The terms “corporate limits” or “town limits” shall mean the legal boundaries of the town of Whitestown except as otherwise provided by law.
County. The words “the county” or “this county” shall mean the county of Boone, in the state of Indiana.
Delegation of Authority. Whenever a provision appears requiring the head of a department or some other town officer to do some act or perform some duty, it shall be construed to authorize the head of the department or other officer to designate, delegate, and authorize subordinates to perform the required act or perform the duty unless the terms of the provision or section specify otherwise.
Gender. A word importing the masculine gender only shall extend and apply to females and to firms, partnerships and corporations as well as males.
Joint Authority. All words giving joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
President. The word “president” shall mean the president of the town board.
Month. The word “month” shall mean a calendar month.
Nontechnical and Technical Words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing, and a word importing the plural may extend to the singular.
Oath. The word “oath” shall be construed to include any affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”
Officers Generally. Whenever any officer is referred to by title, such as “clerk-treasurer, town marshal,” etc., such reference shall be construed as if followed by the words “of the town of Whitestown.”
Or, And. “Or” may be read “and” and “and” may be read “or” if the sense requires it.
Owner. The word “owner,” applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety of the whole or of a part of such building or land.
Person. The word “person” shall extend and be applied to associations, clubs, societies, firms, partnerships, bodies politic and corporate or any other group acting as a unit as well as to natural persons.
“Personal property” includes every species of property except real property, as herein described.
Preceding, Following. The words “preceding” and “following” mean next before and next after, respectively.
Property. The word “property” shall include real and personal property.
Public Place. The term “public place” shall mean any street, highway, sidewalk, park, cemetery, schoolyard or open space adjacent thereto and any lake or stream.
Quorum. The word “quorum” shall mean a majority of the members of a board, commission or committee holding office, unless otherwise specifically provided in this code.
“Real property” shall include lands, tenements and hereditaments.
Reasonable Time, Reasonable Notice. In all cases where any provision shall require any act to be done in a “reasonable time” or “reasonable notice” to be given to any person, such reasonable time or notice shall be deemed to mean such time only as may be necessary in the prompt execution of such duty or compliance with such notice.
Shall. The word “shall” is mandatory.
Sidewalk. The word “sidewalk” shall mean any portion of a street between the curbline and the adjacent property line intended for the use of pedestrians, excluding parkways.
“Signature or subscription” includes a mark when the person cannot write.
State. The words “the state” or “this state” shall be construed to mean the state of Indiana.
Street. The word “street” shall be construed to embrace streets, avenues, boulevards, roads, alleys, viaducts and all other public highways in the town.
Tenant or Occupant. The word “tenant” or “occupant,” applied to a building or land, shall include any person holding a written or oral lease of or who occupies the whole or a part of such building or land, either alone or with others.
Tense. Words used in the past or present tense include the future as well as the past or present tense.
“Town” shall mean the town of Whitestown, Indiana.
Town Board, Board. Whenever the term “board” is used, it shall be construed to mean the “town board” of the town of Whitestown.
Written or In Writing. The term “written” or “in writing” shall be construed to include any representation of words, letters or figures, whether by printing or otherwise,
Year. The word “year” shall mean a calendar year. [Ord. 1984-05 § 10. Prior code Title 1, Ch. 1, § 2]
1.05.030 Catchlines of sections.
The [ ] catchlines of the several sections of this code are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the sections, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. [Ord. 1984-05 § 10. Prior code Title 1, Ch. 1, § 3]
1.05.040 Amendments to code.
All ordinances passed subsequent to this code which amend, repeal or in any way affect this code may be numbered in accordance with the numbering system of this code and printed for inclusion herein, or in the case of repealed chapters, sections, and subsections or any part thereof, by subsequent ordinances, such repealed portions may be excluded from the code by omission from reprinted pages affected thereby and the subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time as this code and subsequent ordinances numbered or omitted are readopted as a new town code by the town board. [Ord. 1984-05 § 10. Prior code Title 1, Ch. 1, § 4]
1.05.050 Unauthorized alterations or tampering with code.
It shall be unlawful for any person in the town to change or amend, by additions or deletions, any part or portion of this code, or to insert or delete pages, or portions thereof, or to alter or tamper with such code in any manner whatsoever which will cause the law of the town to be misrepresented thereby, unless said amendments, changes, additions or deletions have been approved by an ordinance duly adopted by the town board. [Ord. 1984-05 § 10. Prior code Title 1, Ch. 1, § 5]
1.05.060 Ordinances – Recordation and publication.
The ordinances and resolutions adopted by the town board shall be recorded by the clerk-treasurer in the minute books of the board, and a copy kept in an ordinance file. Due proof of publication of all ordinances together with the affidavit of the printer or publisher shall be obtained by the clerk-treasurer and attached to the original of each ordinance adopted by the town board in the minute book of the board. [Ord. 1984-05 § 10. Prior code Title 1, Ch. 1, § 6]
State Law Reference – Recording, publishing town ordinances.
1.05.070 Same effective date.
Each ordinance adopted by the town board shall, if directed by the board, be published by the clerk-treasurer in a newspaper of general circulation in the town and printed in the English language, in two publications, each one week apart, and each ordinance shall take effect 14 days subsequent to the date of the first publication, unless another date is later stated in such ordinance, in which event it shall take effect upon the date so stated. Ordinances not requiring publication shall take effect upon the date of their adoption unless a different date is stated in such ordinance. [Ord. 1984-05 § 10. Prior code Title 1, Ch. 1, § 7]
1.05.080 Effect of repeal of ordinances.
When any ordinance repealing a former ordinance, clause or provision shall be itself repealed, such repeal shall not be construed to revive such former ordinance, clause or provision unless it shall be therein so expressly provided.
The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed or cause of action arising under the ordinance repealed. [Ord. 1984-05 § 10. Prior code Title 1, Ch. 1, § 8]
1.05.090 Severability of parts of code.
The sections, paragraphs, sentences, clauses and phrases of the code are severable, and if any phrase, clause, sentence, paragraph or section of this code shall be declared unconstitutional, invalid or unenforceable by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality, invalidity or unenforceability shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this code. [Ord. 1984-05 § 10. Prior code Title 1, Ch. 1, § 9]
1.05.100 General penalty.
Wherever in this code or in any ordinance of the town, or rule or regulation promulgated by an officer or agency thereof under the authority invested by law or ordinance, any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is required, or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this code, ordinance, rule or regulation shall be punished by a fine not exceeding $1,000.00. Every day any violation of this code or any such ordinance, rule or regulation shall continue shall constitute a separate offense. In any prosecution based upon this section, it shall be necessary to allege only the first day with respect to which any forfeiture is assessable, and upon conviction, the offender shall be assessed for that day and each day subsequent thereto with respect to which it is proven and found that the person did commit such violation. [Ord. 1984-05 § 10. Prior code Title 1, Ch. 1, § 10]
1.05.110 Offenses punishable under separate provision.
In all cases where the same offenses may be made punishable or may be created by different clauses or sections of the ordinances of the town, the prosecuting officer may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense. [Ord. 1984-05 § 10. Prior code Title 1, Ch. 1, § 11]