(A) Construction of code. In the construction of this code, and of all ordinances of the city, the rules and definitions set out in this section shall be observed, unless the construction would be inconsistent with the manifest intent of the Common Council. The rules of construction and definitions set out herein shall not be applied to any section of this code which shall contain any express provisions excluding the construction, or where the subject matter or context of the section may be repugnant thereto.
(B) Generally. All general provisions, terms, phrases and expressions contained in this code shall be liberally construed in order that the true intent and meaning of the Common Council may be fully carried out.
(C) Interpretation and application. In the interpretation and application of any provision of this code, it shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of this code imposes greater restrictions upon the subject matter than another more general provision imposed by this code or other law, the provision imposing the greater restriction or regulation shall be deemed to be controlling.
(D) Definitions. For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. The City of Lebanon, Indiana.
COMMON COUNCIL, COUNCIL. The Common Council of the City of Lebanon.
COMPUTATION OF TIME. The time within which any act provided for or required by law is to be done shall be computed by excluding the first day and including the last. If the last day is Sunday, it shall be excluded and the next day shall be included.
CORPORATE LIMITS, CITY LIMITS. The legal boundaries of the City of Lebanon except as otherwise provided by law.
COUNTY. The County of Boone, in the State of Indiana.
DELEGATION OF AUTHORITY. Whenever a provision appears requiring the head of a department or some other city officer to do some act or perform some duty, it shall be construed to authorize the head of the department or other officer to designate, delegate and authorize subordinates to perform the required act or perform the duty unless the terms of the provision or section specify otherwise.
GENDER. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.
JOINT AUTHORITY. All words giving JOINT AUTHORITY to three or more persons or officers shall be construed as giving the authority to a majority of persons or officers.
MAYOR. The Mayor of the city.
MONTH. A calendar month.
NONTECHNICAL AND TECHNICAL WORDS. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to the meaning.
NUMBER. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing, and a word importing the plural may extend to the singular.
OATH. To include any affirmation 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.
OFFICERS GENERALLY. Whenever any officer is referred to by title, such as Clerk-Treasurer, Chief of Police and the like, the reference shall be construed as if followed by the words “of the City of Lebanon.”
OR, AND. OR may be read AND and AND may be read OR if the sense requires it.
OWNER. Applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of the building or land.
PERSON. Shall extend and be applied to associations, clubs, societies, firms, partnerships, bodies politic and corporate or any other group acting as a unit as well as to natural persons.
PERSONAL PROPERTY. Includes every species of property except real property, as herein described.
PRECEDING, FOLLOWING. The next before and next after, respectively.
PROPERTY. Shall include real and personal property.
PUBLIC PLACE. Any street, highway, sidewalk, park, cemetery, school yard or open space adjacent thereto and any lake or stream.
QUORUM. A majority of the members of a board, commission or committee holding office, unless otherwise specifically provided in this code.
REAL PROPERTY. Includes lands, tenements and hereditaments.
REASONABLE TIME, REASONABLE NOTICE. 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 the time only as may be necessary in the prompt execution of the duty or compliance with the notice.
SHALL. Mandatory.
SIDEWALK. Any portion of a street between the curbline and the adjacent property line, and within the public right-of-way, intended for the use of pedestrians, excluding parkways.
SIGNATURE or SUBSCRIPTION. Includes a mark when the person cannot write.
STATE. The words THE STATE or THIS STATE shall be construed to mean the State of Indiana.
STREET. Shall be construed to embrace streets, avenues, boulevards, roads, alleys, viaducts and all other public highways in the city.
TENANT or OCCUPANT. Applied to a building or land, shall 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.
TENSE. Words used in the past or present tense include the future as well as the past or present tense.
WRITTEN or IN WRITING. Shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.
YEAR. A calendar year.
(Prior Code, § 1-2)