(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.
ACT BY ASSISTANTS. When a statute requires an act to be done, which by law, an agent or deputy as well may do as the principal, such requisition shall be satisfied by the performance of such act by an authorized agent or deputy.
CLERK-TREASURER. The Clerk-Treasurer of the Town Council.
COUNCIL. The Town Council.
COUNTY. Benton and/or Tippecanoe.
GENERAL TERM. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited.
HIGHWAY. Includes bridges, roads and streets, unless otherwise expressly provided.
JOINT AUTHORITY. Words importing joint authority to three or more persons shall be construed as authority to a majority of such persons, unless otherwise declared in the law giving such authority.
MONTH. One calendar month.
OATH. Includes an affirmation 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, 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 such 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.
PERSONAL PROPERTY. Includes every species of property except real property, as herein defined.
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, schoolyard or open space adjacent thereto and any lake or stream.
REAL PROPERTY. Includes lands, tenements and hereditaments.
SIDEWALK. Any portion of a 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 a person cannot write.
STATE. The words “the state” or “this state” shall mean the State of Indiana.
STATE LAW REFERENCES. Whenever reference is made, for example, to I.C. it shall be construed to refer to a section of the Indiana Code.
STREET. Construed to embrace streets, avenues, boulevards, roads, alleys, viaducts and all other public highways in the town.
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 such building or land, either alone or with others.
TOWN. Construed as if the words “of Otterbein” followed it.
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) (2008 Code, § 1.1.2)