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 References to other sections
10.08 References 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
10.99 General penalty
All ordinances of a pertinent and general nature of the city, as revised, codified, rearranged, renumbered, and consolidated into component codes, titles, chapters, and sections, shall be known and designated as the “New Haven Code” or “City Code,” for which designation “Code of Ordinances,” “Codified Ordinances,” or “Code” may be substituted. Code title, chapter, and section headings do not constitute any part of the law as contained in the code.
(Prior Code, § 10.01) (Ord. G-18-8, passed 6-12-2018)
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 the Indiana Code.
(Prior Code, § 10.02) (Ord. G-18-8, passed 6-12-2018)
(A) This code is a codification of previously existing laws, amendments thereto, and newly enacted laws. Any previously existing law or amendment thereto re-enacted by this code shall continue in operation and effect, as if it had not been repealed by this code. All rules and regulations adopted under laws re-enacted in this code shall remain in full force and effect unless repealed or amended subsequent to the enactment of this code.
(B) Any appropriation repealed and re- enacted by this code is continued only for the period designated in the original enactment of that appropriation.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(D) Any irreconcilable conflict between sections shall be resolved by reference to the dates that the sections were originally enacted.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) (1) 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.
(2) 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.
(Ord. G-18-8, passed 6-12-2018)
Statutory reference:
Similar state statute, see I.C. 1-1-1-5
(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 Clerk- Treasurer of the City Council.
COUNCIL. The Common Council of the City of New Haven.
COUNTY. The County of Allen, Indiana.
HIGHWAY. Includes bridges, roads, and streets, unless otherwise expressly provided.
MAY. The act referred to is permissive.
MONTH. One calendar month.
OWNER. Applied to a building or land, includes any part owner, joint owner, tenant in common, tenant in partnership, or joint tenant of the whole or a part of such building or land, either alone or with others.
PERSON or WHOEVER. Extends to and includes person, persons, firm, corporation, co-partnership, 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.
SHALL. The act referred to is mandatory.
SIDEWALK. The portion of a street between the curb lines of the lateral lines of a roadway and the adjacent property lines, intended for the use of pedestrians.
TOWNSHIP. The township or townships in which the town is located.
WRITTEN and IN WRITING. Includes 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.
(Ord. G-18-8, passed 6-12-2018)
Statutory reference:
Definitions applicable to construction of all Indiana statutes, see I.C. 1-1-4-5
(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 non-severability 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:
(1) 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
(2) 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) of this section does not affect the operation of division (B) with respect to that chapter, subchapter, or section.
(Ord. G-18-8, passed 6-12-2018)
Statutory reference:
Similar state statute, see I.C. 1-1-1-8
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.
(Ord. G-18-8, passed 6-12-2018)
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