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(A) Whenever in one section reference is made to another section hereof, such 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.
(B) Whenever in a penalty section reference is made to a violation of a section or an inclusive group of sections, the reference shall be construed to mean a violation of any provision of the section or sections included in the reference.
(C) References in the code to action taken or authorized under designated sections of the code include, in every case, action taken or authorized under the applicable legislative provision which is superseded by the code.
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.
Reference to a public office or officer shall be deemed to apply to any office, officer, or employee of the municipality 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.
('82 Code, § 1-103(13))
If a manifest error be discovered consisting of the misspelling of any word or 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 such intent, such spelling shall be corrected, and such word or words supplied, omitted, or substituted as will conform with the manifest intention, and the provision 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 such error.
('82 Code, § 1-105)
This code, from and after its effective date, shall contain all of the provisions of a general nature pertaining to the subjects herein enumerated and embraced. All prior ordinances pertaining to the subjects treated by this code shall be deemed repealed from and after the effective date of this code of ordinances.
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. Anyone who violates this section shall be guilty of a Class B infraction.
('82 Code, § 1-106) Penalty, see § 10.99
(A) As histories for the code sections, the specific number and passage date of the original ordinance, and the most recent three amending ordinances, if any, are listed following the text of the code section. Example: (Ord. 10, passed 5-13-60; Am. Ord. 15, passed 1-1-70; Am. Ord. 20, passed 1-1-80, Am. Ord. 25, passed 1-1-85)
(B) If an IC cite is included in the history, this indicates that the text of the section reads word-for-word the same as the statute. Example: (IC 36-5-5-8) (Ord. 10, passed 1-17-80; Am. Ord. 20, passed 1-1-85). If an IC cite is set forth as a "statutory reference" following the text of the section, this indicates that the reader should refer to that statute for further information. Example:
§ 31.10 TOWN MANAGER.
The Board of Trustees establishes hereby the position of Town Manager.
(Ord. 10, passed 1-1-80)
Statutory reference:
For powers and duties of the Town Manager, see IC 36-5-5-8
(A) 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 deemed a Class B infraction. Every day any violation of this code or any such ordinance, rule, or regulation shall continue shall constitute a separate offense.
(B) Unless otherwise provided in this code, the penalty for:
(1) A Class A infraction shall be a fine of not less than $150 nor more than $1,000;
(2) A Class B infraction shall be a fine of not less than $100 nor more than $250; and
(3) A Class C infraction shall be a fine of not less than $50 nor more than $100. ('82 Code, § 1-111) (Am. Ord. 986, passed 3-6-07)
(C) In all cases where the same offense 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. ('82 Code, § 1-112)
(D) In all cases involving violations of provisions under Title IX, except Chapter 91 thereof, which prescribe penalties therefor, the person charged with enforcement shall issue a citation to the offender which citation shall indicate that the offender shall have ten days from the date of the citation to pay the minimum prescribed fine at the office of the Clerk-Treasurer. Upon failure of the offender to do so, a civil complaint shall be filed against the person for the violation in the appropriate court. (Ord. 429, passed 5-14-86)