(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 past and future tenses and vice versa, unless manifestly inapplicable.
(B) Definitions. For the purpose of this code of ordinances, the following definitions apply unless the context clearly indicates or requires a different meaning.
BASIC CATV SERVICE. The distribution of broadcast television signals by the company.
CABLE TELEVISION SYSTEM or CATV. A system composed of, without limitation, antennas, cables, wires, lines, towers, wave guides or any other conductors, converters, equipment or facilities designed, constructed or wired for the purpose of producing visual, radio, television, electronic or electrical signals to and from persons, subscribers and locations in the franchise area.
CITY. The City of Hartford City, Indiana, or the area within the territorial limits outside of the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provisions.
CLERK-TREASURER. The Clerk- Treasurer of the Common Council.
COMPANY. The grantee of rights under an ordinance.
COUNCIL. The Common Council of the City of Hartford City, Indiana.
COUNTY. The County of Blackford, Indiana.
ECONOMICAL. An improvement, expansion or maintenance of the sendee at the same or less cost to the customer of the company.
FRANCHISE AREA. The area within the corporate limits of the city.
GALLERY. Any building, room or combination of buildings and rooms for the specific purpose of displaying or creating visual arts.
GROSS ANNUAL BASIC SUBSCRIBER REVENUES. Any and all compensation and other consideration received directly by the company from subscribers in payment for regularly-furnished basic CATV service. GROSS ANNUAL BASIC SUBSCRIBER REVENUE shall not include any taxes on services furnished by the company which are imposed directly on any subscriber or user by any city, state or other governmental unit and collected by the company for the governmental unit.
HIGHWAY. Includes bridges, roads and streets, unless otherwise expressly provided.
LAW. Denotes applicable federal law, the constitution, the statutes of the state, the ordinances of the city and, when appropriate, any and all rules and regulations which may be promulgated thereunder.
LITERARY ARTS. Any written form including, but not limited to, creative writing projects, poetry, fiction, non-fiction, short stories, plays or dramatic writing.
MAY. The act referred to is permissive.
MONTH. One calendar month.
MUST and SHALL. The acts referred to are each mandatory.
OATH. Includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in those 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 or tenant by the entirety of the whole or a part of the building or land.
PERFORMING ARTS. Any art form recognized as a performing art, such as dramatic presentations, dance, folk dance, ballet or any other art form commonly recognized as a PERFORMING ART.
PERSON. Includes a natural person, joint venture, association, club, joint stock company, partnership, company, corporation, business, trust or organization or the manager, lessee, agent, servant, officer or employee of any of them.
PERSONAL PROPERTY. Includes money, goods, chattels, things in action and evidences of debt.
PRECEDING and FOLLOWING. Next before and next after, respectively.
PROPERTY. Includes real property and personal property.
PROPERTY OF COMPANY. All property owned, installed or used by the company in the conduct of a CATV business in the city.
REAL PROPERTY. Includes lands, tenements and hereditaments.
SIDEWALK. The portion of a street between the curb line and the adjacent property line which is intended for the use of pedestrians.
STATE. The State of Indiana.
STREET. Includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in the city which have been or may hereafter be dedicated and opened to public use or other public property so designated in any law of the state.
SUBSCRIBER. Any person or entity receiving basic CATV service.
TENANT and OCCUPANT. Applied to a building or land, includes any person who occupies the whole or part of the building or land, whether alone or with others.
THEATER. Any building, room or collection of rooms designed and specifically employed for the purpose of the display and creative use of the performing arts, including rehearsals, castings, backdrops, scenery and audience facilities.
VISUAL ARTS. Any art form recognized as a visual art, including painting, sculpture, ceramics or any other commonly-recognized art form requiring visual appreciation.
WRITTEN or IN WRITING. Includes printed, typewritten, mimeographed, multi-graphed or otherwise reproduced in permanent visible form. 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, § 1.04.010)