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 Reference to other sections
10.08 Reference 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 permanent and general nature of the town, as revised, codified, rearranged, renumbered and consolidated into component codes, titles, chapters and sections, shall be known and designated as the “Pierceton Town 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.
(A) This code is a codification of previously existing laws, amendments thereto and newly enacted laws. Any previously existing law or amendment thereto reenacted by this code shall continue in operation and effect, as if it had not been repealed by this code. All rules and regulations adopted under laws reenacted in this code shall remain in full force and effect unless repealed or amended subsequent to the enactment of this code.
(B) Any appropriation repealed and reenacted by this code is continued only for the period designated in the original enactment of that appropriation.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(D) Any irreconcilable conflict between sections shall be resolved by reference to the dates that the sections were originally enacted.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and descriptive headings assigned to the various titles, chapters, subchapters or sections of this code, as originally enacted or as added by amendment, are not law, and may be altered by the compilers of this or any subsequent codification, in any official publication, to more clearly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.
(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 Town Council.
COUNCIL. The Town Council.
COUNTY. Kosciusko County, Indiana.
HIGHWAY. Includes bridges, roads and streets, unless otherwise expressly provided.
MONTH. One calendar month.
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.
TOWN. The Town of Pierceton, Indiana.
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)
(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 nonseverability 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) above does not affect the operation of division (B) with respect to that chapter, subchapter or section.
(I.C. 1-1-1-8)
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