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If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express the intent, the spelling shall be corrected and the word or words supplied, omitted or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of the error.
(A) In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, REASONABLE TIME OR NOTICE shall be deemed to mean the time which is necessary for a prompt performance of the act or the giving of the notice.
(B) The time within which an act is to be done, as herein provided, shall be computed by excluding the first day and including the last. If the last day be a Saturday, Sunday or a state holiday, it shall be excluded.
When a section of this code is repealed which repealed a former section or law adopted prior to the enactment of this code, the former section or law is not revived unless it so expressly provides. The repeal of any section shall not extinguish or release any penalty, forfeiture or liability incurred under the section, unless the repealing section so expressly provides. The section shall be treated as still remaining in force for the purposes of sustaining any proper action or prosecution for the enforcement of the penalty, forfeiture or liability.
(I.C. 1-1-5-1)
The running of any period of limitations or any requirement of notice contained in any law, whether applicable to civil causes or proceedings, or to the prosecution of offenses, or for the recovery of penalties and forfeitures, contained in a law repealed and reenacted by this code, shall not be affected by the repeal and reenactment; but all suits, proceedings and prosecutions for causes arising or acts committed prior to the effective date of this code may be commenced and prosecuted with the same effect as if this code had not been enacted.
Statutory reference:
Periods of limitation, see I.C. 1-1-1-7
(A) If the legislative body shall desire to amend any existing chapter or section of this code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place.
(B) Any ordinance which is proposed to add to the existing code a new chapter or section shall indicate, with reference to the arrangement of this code, the proper number of the chapter or section. In addition to an indication thereof as may appear in the text of the proposed ordinance, a caption or title shall be shown in concise form above the ordinance.
(A) As histories for the code sections, the specific number and passage date of the original ordinance, and amending ordinances, if any, are listed following the text of the code section. Example:
(Ord. 10, passed 5-13-1960; Ord. 15, passed 1-1-1970; Ord. 20, passed 1-1-1980; Ord. 25, passed 1-1-1985)
(B) (1) If a statutory cite is included in the history, this indicates that the text of the section reads substantially the same as the statute. Example:
(I.C. 36-5-2-2)
(2) If a statutory cite is set forth as a “statutory reference” following the text of the section, this indicates that the reader should refer to that statute for further information. Example:
This municipality shall make available to any person for inspection or copying all public records, unless otherwise exempted by state law.
Statutory reference:
Inspection of public records, see I.C. 5-14-3-1 et seq.
(C) If a section of this code is derived from the previous code of ordinances of the city published in a previous year and subsequently amended, the previous code section number shall be indicated in the history by “(Prior Code, § ).”
All offenses committed under laws in force prior to the effective date of this code shall be prosecuted and remain punishable as provided by those laws. This code does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the effective date of this code. The liabilities, proceedings and rights are continued; punishments, penalties or forfeitures shall be enforced and imposed as if this code had not been enacted. In particular, any agreement granting permission to utilize highway rights-of-way, contracts entered into or franchises granted, the acceptance, establishment or vacation of any highway and the election of corporate officers shall remain valid in all respects, as if this code had not been enacted.
(A) Any person, firm or corporation who violates any provision of this code for which another penalty is not specifically provided shall, upon conviction, be subject to the following:
(1) A fine not exceeding $2,500 for the first violation; and
(2) A fine not exceeding $7,500 for second and subsequent violations, except for violations of ordinances regulating traffic and parking.
(B) A separate violation shall be deemed committed upon each day during which a violation occurs or continues.
(C) All penalty provisions within this code are hereby amended to provide that the town shall be entitled to recover for each violation of any ordinance the reasonable attorneys’ fees incurred by the town in enforcing such ordinance, which attorneys’ fees shall be in addition to any other penalties provided herein, and that each ordinance is further amended to provide that the maximum penalty, together with attorneys’ fees assessed, for each violation of an ordinance, shall not exceed $2,500 in amount.
(Prior Code, § 8-1-1)
(D) All provisions of all the ordinances of the town which provide penalties of incarceration, or make the violation of the ordinance a misdemeanor or other criminal status are hereby amended to eliminate any incarceration penalties or misdemeanor or other criminal status penalties for the violation of any such ordinance.
(Prior Code, § 8-1-2)
(E) Any person who violates any provision of this code for which a penalty is not otherwise provided, shall pay to the town the sum of $25 to the Town Clerk-Treasurer for each such violation, and in addition thereto shall pay the reasonable attorneys’ fees incurred by the town in enforcing the ordinance provision being violated and for collecting the fine provided herein if the fine is not paid within five days of the notice to the violating party of the violation and fine, provided, however the total fine and attorneys’ fee for each violation shall not exceed $2,500.
(Prior Code, § 8-1-3)
(Ord. 12-83-1, passed - -; Ord. 85-1-2, passed - -)
Statutory reference:
Authority, see I.C. 36-1-3-8(a)(10)