(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 3 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 Clerk-Treasurer and Fiscal Officer of the Town of New Carlisle.
CODE. The New Carlisle Town Code.
COMPUTATION OF TIME. The time within which an act is to be done, as herein provided, and shall be computed by excluding the first day and including the last. If the last day be Sunday, it shall be excluded.
COUNCIL. The Town Council, the legislation board of the town government, formerly known as the Board of Trustees.
COUNTY. The County of St. Joseph, State of Indiana.
ET SEQ. The Latin phrase meaning “and the following.”
HIGHWAY. Includes bridges, roads, and streets, unless otherwise expressly provided.
I.C. Refers to state law found in the Indiana Code.
MAY. The action referred to is permissive.
MONTH. One calendar month.
MUST and SHALL. The action 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 the building or land.
PERSON. Extends to and includes person, persons, firm, corporation, copartnership, trustee, lessee, receiver, and bodies politic. 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.
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. Includes 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.
REASONABLE TIME. In all cases where any provision shall require any act to be done in a REASONABLE TIME or REASONABLE NOTICE to be given 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.
SIDEWALK. Any portion of the street between the curb line and the adjacent property line, intended for the use of pedestrians, excluding parkways.
SIGNATURE or SUBSCRIPTION. Includes a mark when the person cannot write.
STATE. The State of Indiana.
STREET. To embrace streets, avenues, boulevards, roads, alleys, viaducts, and all other public highways in the town.
TENANT. The words TENANT and OCCUPANT apply 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 a building or land, either alone or with others.
TOWN. The Town of New Carlisle, Indiana or the area within the territorial limits of the Town of New Carlisle, Indiana, and the territory, if any, outside the TOWN over which the TOWN has jurisdiction or control by virtue of any constitutional or statutory provision.
WRITTEN and IN WRITING. Include 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) (1992 Code, § 1-3)