CHAPTER 10:  GENERAL PROVISIONS
Section
   10.01   Title of code
   10.02   Interpretation
   10.03   Application to future ordinances
   10.04   Construction of code
   10.05   Rules of interpretation; definitions
   10.06   Severability
   10.07   Reference to other sections
   10.08   Reference to offices; name designations
   10.09   Errors and omissions
   10.10   Reasonable time
   10.11   Repeal or modification of code section
   10.12   Limitation periods
   10.13   Ordinances unaffected
   10.14   Ordinances which amend or supplement code
   10.15   Section histories; statutory references
   10.16   Preservation of penalties, offenses, rights, and liabilities
   10.17   Town Seal
   10.18   Codes; property of the town
   10.19   Role of the Clerk-Treasurer regarding the town code
 
   10.99   General penalty
§ 10.01  TITLE OF CODE.
   (A)   All ordinances of a permanent and general nature of the town, as revised, codified, rearranged, renumbered, and consolidated into component codes, titles, chapters, and sections, shall be known and designated as the “Cloverdale Town Code”, for which designation the following may be substituted:
      (1)   “Code of ordinances”;
      (2)   “Codified ordinances”; or
      (3)   “Code”.
   (B)   Code title, chapter, and section headings do not constitute any part of the law as contained in the code.
§ 10.02  INTERPRETATION.
   Unless otherwise provided herein, or by law or implication required, the same rules of construction, definition, and application shall govern the interpretation of this code as those governing the interpretation of state law.
§ 10.03  APPLICATION TO FUTURE ORDINANCES.
   All provisions of Title I compatible with future legislation shall apply to ordinances hereafter adopted, amending, or supplementing this code unless otherwise specifically provided.
§ 10.04  CONSTRUCTION OF CODE.
   (A)   This code is a codification of previously existing laws, amendments thereto, and newly enacted laws. Any previously existing law, or amendment thereto, reenacted by this code shall continue in operation and effect as if it had not been repealed by this code. All rules and regulations adopted under laws reenacted in this code shall remain in full force and effect unless repealed or amended subsequent to the enactment of this code.
   (B)   Any appropriation repealed and reenacted by this code is continued only for the period designated in the original enactment of that appropriation.
   (C)   The numerical order and position of sections in this code does not resolve a conflict between two or more sections.
   (D)   Any irreconcilable conflict between sections shall be resolved by reference to the dates that the sections were originally enacted. The section most recently enacted supersedes any conflicting section or division.
   (E)   All references within a section of this code to any section of previously existing laws refer to the numbers in the original enactment.
   (F)   The numerical designations and descriptive headings assigned to the various titles, chapters, subchapters, or sections of this code, as originally enacted or as added by amendment, are not law, and may be altered by the compilers of this or any subsequent codification, in any official publication, to more clearly indicate its content. These descriptive headings are for organizational purposes only and do not affect the meaning, application, or construction of the law they precede. Each note following a section of this code is for reference purposes only and is not a part of the section.
   (G)   All references to any section of this code refer to all subsequent amendments to that section, unless otherwise provided.
(I.C. 1-1-1-5)
§ 10.05  RULES OF INTERPRETATION; DEFINITIONS.
   (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.
      CLERK-TREASURER. The person elected or appointed to serve as the Clerk-Treasurer of the Town of Cloverdale, Indiana.
      COMPUTATION OF TIME. The time within which an act required to be done and is to be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded.
      COUNCIL. The Town Council, formerly known as the Board of Trustees.
      COUNTY. Putnam County.
      HIGHWAY. Includes bridges, roads, and streets, see I.C. 9-13-2-73.
      INDIANA CODE or I.C. The Indiana Code, as passed and approved by the Indiana legislature and published as the Indiana Code.
      MAY. The act referred to is permissive.
      MONTH. One calendar month.
      MOTOR VEHICLE. Any motorized vehicle of any nature whatsoever including, but not limited to, automobiles, trucks, tractors, motorcycles, motor- driven cycles class A and class B, and all terrain vehicles.
      MUST. The act referred to is mandatory.
      OATH. 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 such building or land.
      PERSON.
         (a)   Extends to, and includes, person, persons, firm, corporation, copartnership, trustee, lessee, receiver, and bodies politic.
         (b)   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. 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. 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. Lands, tenements, and hereditaments.
      SHALL. The act referred to is mandatory.
      SIDEWALK. The 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 including a fee interest, a life estate, a future interest, a present possessory interest, or an equitable interest of a contract purchaser. I.C. 36-7-9-2 of the state’s Planning and Development Chapter defines “substantial property interest”.
      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 such building or land, either alone or with others.
      TOWN. The Town of Cloverdale, Indiana.
      TOWN COUNCIL or COUNCIL. The Town Council of the Town of Cloverdale, Indiana.
      TOWNSHIP. The township or townships in which the town is located.
      WRITTEN and IN WRITING. 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.
(I.C. 1-1-4-5)  (Prior Code, § 1-3)
§ 10.06  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: 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 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)
§ 10.07  REFERENCE TO OTHER SECTIONS.
   Whenever in one section reference is made to another section hereof, the 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.
§ 10.08  REFERENCE TO OFFICES; NAME DESIGNATIONS.
   (A)   Reference to offices. Reference to a public office or officer shall be deemed to apply to any office, officer, or employee of this 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.
   (B)   Name designations. Whenever any ordinance or resolution of the Council refers to any board, bureau, commission, division, department, officer, agency, authority, or instrumentality of any government, and that name designation is incorrectly stated; on the effective date of that ordinance or following the effective date, the rights, powers, duties, or liabilities placed with that entity are or were transferred to a different entity; then the named board, bureau, commission, department, division, officer, agency, authority, or instrumentality, whether correctly named in the ordinance at its effective date or not, means that correctly named entity, or the entity to which the duties, liabilities, powers, and rights were transferred.
(I.C. 1-1-6-1)
§ 10.09  ERRORS AND OMISSIONS.
   (A)   If a manifest error is discovered, consisting of the misspelling of any 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 the intent, the spelling shall be corrected and the word or words supplied, omitted, or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published.
   (B)   No alteration shall be made or permitted if any question exists regarding the nature or extent of the error.
§ 10.10  REASONABLE TIME.
   (A)   In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, REASONABLE TIME OR NOTICE shall be deemed to mean the time which is necessary for a prompt performance of the act or the giving of the notice.
   (B)   (1)   The time within which an act is to be done, as herein provided, shall be computed by excluding the first day and including the last.
      (2)   If the last day be a Saturday, Sunday, or a state holiday, it shall be excluded.
§ 10.11  REPEAL OR MODIFICATION OF CODE SECTION.
   (A)   When a section of this code is repealed which repealed a former section or law adopted prior to the enactment of this code, the former section or law is not revived unless it so expressly provides.
   (B)   The repeal of any section shall not extinguish or release any penalty, forfeiture, or liability incurred under the section, unless the repealing section so expressly provides.
   (C)   The section shall be treated as still remaining in force for the purposes of sustaining any proper action or prosecution for the enforcement of the penalty, forfeiture, or liability.
(I.C. 1-1-5-1)
§ 10.12  LIMITATION PERIODS.
   The running of any period of limitations or any requirement of notice contained in any law, whether applicable to civil causes or proceedings, or to the prosecution of offenses, or for the recovery of penalties and forfeitures, contained in a law repealed and reenacted by this code, shall not be affected by the repeal and reenactment; but all suits, proceedings, and prosecutions for causes arising or acts committed prior to the effective date of this code may be commenced and prosecuted with the same effect as if this code had not been enacted.
Statutory reference:
   Periods of limitation, see I.C. 1-1-1-7
§ 10.13  ORDINANCES UNAFFECTED.
   All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not embraced in this code shall remain in full force and effect unless herein repealed expressly or by necessary implication.
§ 10.14  ORDINANCES WHICH AMEND OR SUPPLEMENT CODE.
   (A)   If the legislative body shall desire to amend any existing chapter or section of this code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place.
   (B)   Any ordinance which is proposed to add to the existing code a new chapter or section shall indicate, with reference to the arrangement of this code, the proper number of the chapter or section.
   (C)   In addition to an indication thereof as may appear in the text of the proposed ordinance, a caption or title shall be shown in concise form above the ordinance.
§ 10.15  SECTION HISTORIES; STATUTORY REFERENCES.
   (A)   As histories for the code sections, the specific number and passage date of the original ordinance, and amending ordinances, if any, are listed following the text of the code section. Example:
(Ord. 1960-10, passed 5-13-1960; Ord. 1970-15, passed 1-1-1970; Ord. 1980-20, passed 1-1-1980; Ord. 1985-25, passed 1-1-1985)
   (B)   (1)   If a statutory cite is included in the history, this indicates that the text of the section reads substantially the same as the statute. Example:
(I.C. 36-5-2-2)
      (2)   If a statutory 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:
      § 39.01  PUBLIC RECORDS AVAILABLE.
         This municipality shall make available to any person for inspection or copying all public records, unless otherwise exempted by state law.
      Statutory reference:
         Inspection of public records, see I.C. 5-14-3-1 et seq.
   (C)   If a section of this code is derived from the previous code of ordinances of the town and subsequently amended, the previous code section number shall be indicated in the history by “(Prior Code, §     )”.
§ 10.16  PRESERVATION OF PENALTIES, OFFENSES, RIGHTS, AND LIABILITIES.
   (A)   (1)   All offenses committed under laws in force prior to the effective date of this code shall be prosecuted and remain punishable as provided by those laws.
      (2)   This code does not affect any rights or liabilities accrued, penalties incurred, or proceedings begun prior to the effective date of this code.
      (3)   The liabilities, proceedings, and rights are continued; punishments, penalties, or forfeitures shall be enforced and imposed as if this code had not been enacted.
   (B)   In particular, any agreement granting permission to utilize highway rights-of-way, contracts entered into, or franchises granted, the acceptance, establishment, or vacation of any highway, and the election of corporate officers shall remain valid in all respects, as if this code had not been enacted.
§ 10.17  TOWN SEAL.
   The Clerk-Treasurer shall be the custodian of the Town Seal and affix it to such documents and instruments as required.
(Prior Code, § 1-10)
§ 10.18  CODES; PROPERTY OF THE TOWN.
   (A)   All copies of this code of ordinances except those sold by the town to private individuals or given or sold to public libraries shall be the property of the town.
   (B)   Any town codes delivered to elected or appointed officials shall not be retained by said individuals after the expiration of their term(s) of office appointment.
(Prior Code, § 1-13)
§ 10.19  ROLE OF THE CLERK-TREASURER REGARDING THE TOWN CODE.
   (A)   (1)   Two copies of the town code shall be kept on file in the office of the Clerk-Treasurer, or someone authorized by him or her, to insert in their designated places all amendments or ordinances which indicate the intention of the Council to make the same a part of such code when the same shall have been printed or reprinted in page form, and to extract from such code all provisions which may be from time to time repealed by the Council.
      (2)   These copies of such code shall be available to all persons desiring to examine the same and shall be considered the official code of the town.
   (B)   (1)   It shall be unlawful for any persons, firm, or corporation to change, by additions or deletions, any part or portion of such code, or to insert or delete pages or portions thereof, or to alter or tamper with such 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 code, any ordinance, or the law of the town to be misrepresented thereby.
      (2)   Any person, firm, or corporation violating this section shall be punished as provided in § 10.99.
(Prior Code, § 1-17)  Penalty, see § 10.99
§ 10.99  GENERAL PENALTY.
   (A)   Any person violating any of the provisions of this code of ordinances shall be guilty of an ordinance violation.
   (B)   Each day a violation of this code of ordinances is committed or permitted to continue shall constitute a separate offense.
   (C)   Except in cases where a different punishment is prescribed by a specific section of this code of ordinances, any person convicted of an ordinance violation shall be punished by a fine not exceeding $2,500 for the first violation and not exceeding $7,500 for the second violation except for moving (traffic violations).
   (D)   The town may bring a civil action to enjoin any person from:
      (1)   Violating any ordinance regulating or prohibiting a condition or use of property; or
      (2)   Engaging in conduct without a license if any ordinance requires a license to engage in the conduct.
   (E)   The Court may suspend all or any part of a penalty imposed for an ordinance violation and may require as a condition of such suspension that the defendant shall perform uncompensated work that benefits the community.
(Prior Code, § 1-9)
Statutory reference:
   Authorizes a maximum fine of $2,500 for an ordinance violation, see I.C. 36-1-3-8
   Class C infractions, see I.C. 34-28-5-4
   Application of certain amendments to prior law, see I.C. 34-28-5-0.2
   Infraction and ordinance violation enforcement proceedings, see I.C. 34-28-5-0.2 through 34-28-5-17
   Injunctions, see I.C. 36-1-6-4
   Ordinance violations affecting real property and the town taking expenses of compliance as a lien against the property, see I.C. 36-1-6-2