§ 10.17 PUBLIC AVAILABILITY.

   The Clerk-Treasurer of the town shall permanently maintain a copy of this code which shall be open to public inspection.

(Prior Code, § 1.12)

§ 10.18 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.

   (D)   The repeal of a section or amendment stating that the provisions of a chapter, subchapter or section are severable as provided in division (B) above does not affect the operation of division (B) above with respect to that chapter, subchapter or section.

(I.C. 1-1-1-8)

§ 10.99 GENERAL PENALTY.

   (A)   Penalty. Any act or omission to act that has been declared to be unlawful by the Town Council by this code or by an ordinance, rule or regulation, where no specific penalty is provided for, shall be punished by a fine not exceeding $500. Every day any violation of this code or any such ordinance, rule or regulation shall continue shall constitute a separate offense.

(Prior Code, § 1.09)

   (B)   Offenses punishable under separate provisions. In all cases where the same offense may be made punishable by different clauses or sections of the ordinances of the town, the prosecuting officer may elect under which to proceed. Such election by the prosecuting officer shall constitute a bar to subsequent prosecution of the same individual for the same act under all alternate ordinances.

(Prior Code, § 1.10)