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(A) Rules of interpretation. This code shall be construed by the following rules unless the 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 3 or more persons shall be construed as imputing authority to a majority of the persons, unless otherwise declared in the section giving the 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.
AND/OR. Either conjunction AND or OR shall include the other, as if written AND/OR.
CLERK-TREASURER. The Clerk-Treasurer of the Town Council. The Clerk and Fiscal Officer of the town.
CODE. The Bainbridge Town Code.
COMPUTATION OF TIME. Unless specifically provided, means the time within which an act is to be done, as herein provided, and shall be computed by excluding the first day and including the last. If the last day be Sunday or holiday, it shall be excluded.
COUNCIL. The Town Council of the Town of Bainbridge, Indiana.
COUNTY. The County of Putnam, State of Indiana.
ET SEQ. The Latin phrase meaning “and the following.”
HIGHWAY. Includes bridges, roads, and streets, unless otherwise expressly provided.
I.C. Refers to state law found in the Indiana Code.
MAY. The action referred to is permissive.
MONTH. One calendar month.
MUST and SHALL. The actions referred to are each mandatory.
OATH. Includes an affirmation of declaration 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.
OWNER. Applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, of the whole or a part of the building or land.
PERSON. Extends to and includes person, persons, firm, corporation, copartnership, trustee, lessee, receiver, and bodies politic. 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.
PERSONAL PROPERTY. Includes every kind of property except real property.
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.
PROPERTY. Includes real and personal property.
PUBLIC PLACE. Any street or highway, sidewalk, park cemetery, school yard or open space adjacent thereto and any lake or stream.
REAL PROPERTY. Includes lands, tenements, and hereditaments.
SIDEWALK. That portion of the street between the curb line and the adjacent property line intended for the use of pedestrians.
SIGNATURE or SUBSCRIPTION. Includes a mark when the person cannot write.
STATE. The State of Indiana.
STREET. All streets, highways, avenues, boulevards, lanes, courts, squares, roads, alleys, viaducts, or other public ways in the town which have been or may hereafter be dedicated and open to public use.
SUBSTANTIAL PROPERTY INTEREST. Any right in real property that may be affected in a substantial way by actions authorized by planning and development laws of the State of Indiana, including a fee interest, a life estate, a future interest, a present possessory interest, or an equitable interest of a contract purchaser.
TENANT or OCCUPANT. Applies to a building or land and shall include any person holding a written or oral lease of or who occupied the whole or a part of the building or land, either alone or with others.
TOWN. The Town of Bainbridge, Indiana, or the area within the territorial limits of the Town of Bainbridge, Indiana, and such territory, if any, outside of the town over which the town has jurisdiction or control by virtue of any constitutional or statutory provision.
TOWN COUNCIL. Includes all former references to the Board of Trustees.
(1996 Code, § 1-3)
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.
Definition of substantial property interest, see I.C. 36-7-9-2, of the State’s Planning and Development Chapter
Definitions of general applicability, see I.C. 36-1-2-1 through 36-1-2-24
Officially changing the terms “Board of Trustees” to “Town Council,” seeHouse Enrolled Act No. 1042, effective March 30, 1989