(A) Generally. When provisions conflict, the specific shall prevail over the general. All provisions shall be liberally construed so that the intent of the Common Council may be effectuated. Words and phrases shall be construed according to the common and approved usage of the language; but technical words, technical phrases and words and phrases that have acquired peculiar and appropriate meanings in law shall be construed according to such meanings. This code shall be interpreted and applied so as to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare.
(1) Computation of time. In computing any period of time, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed is to be included unless it is a Saturday, Sunday, legal holiday or a day on which the city office in which the act is to be done is closed during regular business hours. In any event, the period runs until the end of the next day that is neither a Saturday, Sunday, legal holiday or a day on which the city office in which the act is to be done is closed. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, legal holidays and days on which the city office is closed shall be excluded from the computation.
(2) Conjunctions. In a provision involving two or more items, conditions, provisions or events, which items, conditions, provisions or events are connected by the conjunction “and”, “or” or “either ... or”, the conjunction shall be interpreted as follows.
(a) “And” indicates that all the connected terms, conditions, provisions or events apply.
(b) “Or” indicates that the connected terms, conditions, provisions or events apply singly or in any combination.
(c) “Either ... or” indicates that the connected terms, conditions, provisions or events apply singly, but not in combination.
(3) Delegation of authority. A provision that authorizes or requires a city officer or city employee to perform an act or make a decision authorizes such officer or employee to act or make a decision through subordinates.
(4) Gender. Words of one gender include all other genders.
(5) Includes. Does not limit a term to a specified example.
(6) Joint authority. Words giving a joint authority to three or more persons give such authority to a majority of such persons.
(7) Number. Words in the singular include the plural. Words in the plural include the singular.
(8) Officers, departments and the like. References to officers, departments, boards, commissions or employees are to city officers, city departments, city boards, city commissions and city employees.
(9) Tenses. The present tense includes the past and future tenses. The future tense includes the present tense.
(B) Definitions. For the purpose of this code of ordinances, the following definitions apply unless the context clearly indicates or requires a different meaning.
CITY. The City of Martinsville, Indiana.
CODE. The Martinsville, Indiana, Code, as designated in § 1-1 of this chapter.
COMMON COUNCIL or COUNCIL. The Common Council of the City of Martinsville, Indiana.
COUNTY. Morgan County, Indiana.
I.C. The Indiana Code, as amended.
MAY. Construed as being permissive and not mandatory.
MONTH. A calendar month.
OATH. A solemn affirmation is the equivalent to an oath, and a person shall be deemed to have sworn if such person makes such an affirmation.
OWNER. As applied to property, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or part of such property.
PERSON. Any human being, any governmental or political subdivision or public agency, any public or private corporation, any partnership, any firm, association or other organization, any receiver, trustee, assignee, agent or other legal representative of any of the foregoing or any other legal entity.
PERSONAL PROPERTY. Any property other than real property.
PREMISES. As applied to real property, includes land and structures.
PROPERTY. Includes real property, personal property and mixed property.
PUBLIC PLACE. Any street, sidewalk, park, cemetery, schoolyard, body of water or watercourse, public conveyance or any place for the sale of merchandise, public accommodation or amusement.
REAL PROPERTY. Includes land, tenements and hereditaments.
SHALL. Construed as being 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 BY MARK. A mark when the signer or subscriber cannot write. In such situations, such person’s name shall be written near the mark by a witness who writes his or her own name near such person’s name.
STATE. The State of Indiana.
STREET. Any alley, avenue, boulevard, lane, road, highway, viaduct or other public thoroughfare.
TENANT or OCCUPANT. As applied to premises, include any person holding a written or oral lease, or who actually occupies the whole or any part of such premises, alone or with others.
WEEK. A period of seven consecutive days.
WRITING. Any form of recorded message capable of comprehension by ordinary visual means.
YEAR. A calendar year.
Statutory reference:
Similar rules of statutory construction, see I.C. 1-1-4-1 et seq.