(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 three 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.
AGENCY. When used to designate a subordinate element of government, all offices, departments, institutions, boards, commissions and corporations of the county government and, when so specified, all offices, departments, institutions, boards, commissions and corporations which receive or disburse county funds.
BOARD. Whenever the words BOARD OF COMMISSIONERS, THIS BOARD or THE BOARD are used, the words shall be construed to mean the governing body of the County of Bartholomew, Indiana.
BOARD OF ZONING APPEALS. The Board established pursuant to I.C. 36-7-4-900 which has the authority to hear and determine appeals regarding orders, requirements, decisions or determinations in relation to a zoning ordinance and which has the authority to approve or deny all special exceptions, special uses, contingent uses and conditional uses.
CLERK. The Clerk of the Circuit Court.
CODE. Local government code of the County of Bartholomew, Indiana, which is designated as "The Bartholomew County Code" or "this code".
COMMISSION. The Plan Commission.
COMPUTATION OF TIME. When a statute requires that a notice be given, or any other act be done, no later than a certain period of time before the filing of any motion or the commencement of any proceeding, the computation of the period shall not include the day for the filing of the motion or for the commencement of the proceeding, but may include the day on which the notice is given, or on which the act is done. When a statute requires that a notice be given, or any other act be done, within a certain period of time after the occurrence of any event or after the commencement of any proceeding, the computation of the period shall not include the day on which the event occurred or on which any proceeding commenced, but shall include the day on which the notice is to be given, or on which the act is to be done.
COUNTY. Bartholomew County, Indiana.
COUNTY EXECUTIVE. The Board of Commissioners of Bartholomew County.
DESIGNEE. Following an official of the county, the authorized agent, employee or representative of the official.
ET SEQ. Latin phrase meaning "and the following".
GENDER. Words used in the masculine and shall include feminine and neuter.
HIGHWAY. Includes bridges, roads and streets, unless otherwise expressly provided.
I.A.C. Rules and regulations found in the Indiana Administration Code.
I.C. State law found in the Indiana Code.
MAY. The word may is permissive and discretionary.
MONTH. A calendar month unless otherwise expressed.
MUST. The word is mandatory.
NUMBER. A word importing the singular number only may, where the context requires, extend and be applied to several persons or things as well as to one person or thing; a word importing the plural number only may, where the context requires, extend and be applied to one person or thing, as well as to several persons or things.
OATH. Any form of attestation, affirmation or declaration by which a person signifies that he or she is bound to perform an act or to speak faithfully and truthfully and, in those cases, the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed".
ORDINANCES AND RESOLUTIONS. The ordinances and resolutions of the County of Bartholomew and all amendments including this code and its supplements.
OWNER. As applied to a building or land, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or 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.
PLAN COMMISSION. The Commission established to carry out the duties of I.C. 36-7-1-14.
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.
PRIVATE PROPERTY. Property not owned by a public entity.
PROPERTY. Includes real and personal property.
PUBLIC PLACE. A public right-of-way, street, highway, alley, park, or other state, county, or municipal property.
QUORUM. A majority of the members of a board, commission, committee or council holding office, unless otherwise specifically provided in this code.
REAL PROPERTY. Land, tenements and hereditaments.
REASONABLE TIME. 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, the REASONABLE TIME OR NOTICE shall be deemed to mean such time only as may be necessary in the prompt execution of the duty, or compliance with the notice.
REGISTERED MAIL. Shall include certified mail with return receipt requested.
SHALL. The word is mandatory.
SIDEWALK. Any portion of a street between the curb line and the adjacent property line, intended for the use of pedestrians.
SIGNATURE AND SUBSCRIPTION. The name of a person, mark or symbol appended by him or her to a writing with intent to authenticate the instrument as one made or put into effect by him or her.
STATE, THE STATE and THIS STATE. The State of Indiana.
STATE LAW REFERENCES. The Indiana Code (I.C.) and any subsequent amendments.
STREET. Includes all roads, highways, avenues, lanes, alleys, courts, squares, boulevards, viaducts or other public ways in the county which have been or may hereafter be dedicated and open to public use for vehicular traffic.
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, including a fee interest, a life estate, a future interest, a present possessory interest, or an equitable interest of a contract purchaser.
TENANT and OCCUPANT. Applied to a building or land, include any person holding a written or oral lease of, or who occupies the whole or a part of the building or land, either alone or with others.
TIME. Includes words used in the past or present tense and includes the future as well as the past and present.
TREASURER. The Treasurer of Bartholomew County.
WILL. Is a mandatory direction.
WORDS AND PHRASES. According to the common and approved usage of the language, but technical words and phrases and others that have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to the meaning.
WRITTEN or IN WRITING. Any representation of words, letters or figures whether by printing or otherwise.
YEAR. One calendar year, unless otherwise expressly provided.
(I.C. 1-1-4-5) (Prior Code, § 1-3)