HomeMy WebLinkAbout02) Title 1 General ProvisionsTITLE I: GI~ PROVISIONS
Chapter
10. O~:~l~u~ PRO~'ISION$
2 Je~emo~ - ~'teml Provi~ons
CHAPTER 10: G'~r. aiAL PROVISIONS
Section
10.01 Short titles
10.02 Interpretation
10.03 Application to future ordinances
10.04 Definitions
10.05 Rules of construction
10.06 Reviver; effect of amendment or repeal
10.07 Construction ef section references
10.08 Conflicting previsions
10.09 Severability
10.10 Reference to offices
10.11 Errors and omissions
10.12 Ordinances repealed
10.13 Ordinances unaffected
10.14 Altering code prohibited
10.1S Offenses punishable under separate provisions
10.99 General penalty
§ 10.01 SHORT TITLES.
(A) All ordinances of a permanent and general nature of the municipality as revised, codified,
rearranged, renumbered, and consolidated into component codes, titles, chapters, and sections shall be
known and designated as the Jeffersonville Code of 1985, for which designation "codified ordinances"
or "code" may be substituted. Code, title, chapter, and section headings do not constitute any part of the
taw as contained in the code. ('77 Code, § 1-1)
(B) All references to codes, titles, chapters, and sections are to such components of the code
unless otherwise specified. Any component code may be referred to and cited by its name, such as the
"traffic code." Sections may be referred to and cited by the designation "¢" followed by the number, such
as .§ 10.01." Headings and captions used in this code other than the title, chapter, and section numbers,
are employed for reference purposes only and shall not be deemed a part of the text of any section.
('77 Code, § 1-4)
§ 10.0~. INT~RETATION.
(A) 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. ('77 Code, § 1-2)
4 Jeffersonv~e - General Prov~ons
(B) Where a section of this code is followed by a reference to the Indiana Code, the reference
indicates that the section is analogous or similar to the cited sections in the Indiana Code. Footnotes,
cross-references, and other comments are by way of explanation only and should not be deemed a part
of the text of any section. ('77 Code, § 1-3)
(C) All provisions of this code are limited in application to the territorial boundaries of the municipal
corporation unless otherwise specifically provided. ('77 Code, § 1-9)
§ 10.03 APPLICATION TO FUTURE ORDINANCES.
Ail provisions of Title ! not/ncompatible with future legislation shall apply to ordinances hereafter
adopted which amend or supplement this code unless otherwise specifically provided.
§ 10.04 DI~'II~iTiONS.
For purposes of this code, the following del'tuitions shall apply unless the context clearly indicates
or requires a dilYerent meaning.
.A/VD. May be read O.~ and O.~ may be read .AA~, if the sense requires it.
ANO~ When used to designate the owner of property which is the subject of an offense,
includes not only natural persons but also every other owner of property.
~13~ .MUN/~'~.~ CORPO.~T/ON, or .MU/tEG'/PA~. The municipality of Jeffersonville, Indiana.
CO/~O.~ATE L/~/ZTS or ~/TY~S. Legal boundaries of the city, except as otherwise provided
by law.
~OU/?~ZL. The Common Council of the city.
OOUA"/~. Clark County, Indiana.
.re. Refers to the Indiana Code.
~ The act referred to is penuissive.
MA]'O~ The Mayor of the city.
MONTH. A calendar month.
OATH. Includes an affn'mation.
OW/vk, W. When applied to property, includes any part owner, joint owner, or tenant in common of
the whole or part of such property.
P.E]~OA';. Extends to and includes person, persons, fu'm, corporation, copartnership, trustee, lessee,
or receiver. Whenever used in any clause prescribing and imposing a penalty, the terms PE~ONor
WHO~'~:,~ as applied to any unincorporated entity shall mean the partners or members thereof, and as
applied to corporations, the officers thereof.
PE2~OA[,~ PROPE2~TE. Includes all property except real.
P.~V..~D'E~IB~'G or .r"I~OW~/~. Next before and next after, respectively.
P.~E~E~. As applied to property, includes land and buildings.
P/~O.P. EI~TZ Includes real, personal, mixed estates and interests.
pU~/JCA~'~'-IO.~'~'K. Includes boards of education; the municipal, county, state, or federal
government, its officers or an agency thereof; or any duly authorized public official.
PU~L/'~'P~SA~'. Includes any street, sidewalk, park, cemetery, school yard, body of water or
watercourse, public conveyance, or any other place for the sale of merchandise, public accommodation,
or amusement.
(~UORUIVZ A maiority of the members of a board, coranlission, or comraittee holding office, unless
other%vise specifically provided in this code.
REMD PROP~TZ Includes lands, tenements, and hereditaments.
/~O'ZSI~ ~I,. Includes certified mail.
$.~L. The act referred to is mandatory.
$~l)~"'l;F.,~5~rt~ That portion of the street between the curb line and the adjacent property line intended
for the use of pedestrians.
$/(~5~[TURE or SU]~$~T/ON. A mark when the person cannot write.
ST~. The State of Indiana.
$~;--"~'T. Includes alleys, avenues, boulevards, lanes, roads, highways, viaducts, and ail other public
thoroughfares within the city.
SU.~,-'H,#~P~:~:~M. A division of a chapter, designated in this code by an underlined heading in the
chapter analysis and a capitalized heading in the body of the chapter, setting apart a group of sections
related by the subiect matter of the heading. Not all chapters have subchapters.
~N~N'~' or OCCU~N'i~'. As applied to premises, includes any person holding a written or oral
lease, or who actually occupies the whole or any part of such prerrdses, alone or with others.
w.M~ T~'. Includes any representation of words, letters, or figures, whether by printing or otherwise.
~ A calendar year, unless otherwise expressed; equivalent to the words ~ OF OUR ~ORD.
('?? Code, § 1-2)
6 Je~'eonv~e - C, eneral
§ 10.05 RULES OF CONSTRUCTION.
The construction of ell ordinances of this city shall be by the following rules, unless such
construction is pla.inly repugnant to the intent of the legislative body or of the context of the same
ordinance.
(A) Words and phrases shall be taken in their plain, ordinary, and usual sense. However, technical
words and phrases having a peculiar and appropriate meaning in law shall be understood according to
their technical import.
(B) As used in the code, unless the context otherwise requires:
(1) The singular includes the plural, and the plural includes the singular.
(2) Words of one gender include the other genders.
(3) Words in the present tense include the future.
(C) Computation of time. In computing any period of time prescribed or allowed this code, an
order of a court, or by any applicable statute, the day of the act, event, or default from which the
designated period of time begins to run shall not be included. The last day of the period so computed
is to be included unless it is:
(1) A Saturday;
(2) A Sunday;
(3) A legal holiday as defined by state statute; or
(4) A day the office in which the act is to be done is closed during regular business hours.
(S) In any event, the period runs until the end of the next day that is not a Saturday, a Sunday,
a legal holiday, or a day on which the office is closed. When the period of time allowed is less than
seven days, intermediate Satu~:days, Sundays, legal holidays, and days on which the office is closed shall
be excluded from the computations. (Trial Rule 6(A))
(D) 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.
('77 Code, § 1-2)
(E) General term. A general term following specific enumera-tion of terms is not to be limited to
the class enumerated unless expressly so limited.
(F) 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.
(G) ExceptiOns. The rules of construction shall not apply tO any law which contains any express
Provision excluding such construction, or when the subject matter or context of such law may be
repugnant thereto.
('77 Code, § 1-2)
§ 10.05 P. EVIVOR; ~:;l-'r',':CT OF AMENDMENT OR EEPF-2~.
(A) The repeal of a repealing ordinance does not revive the ordinance originally repealed.
(B) When a provision of the code is repealed or amended, the repeal or amendment does not affect
pending actions, prosecutions or proceedings, civil or criminal. When the repeal or amendment relates
to the remedy, it does not affect pending actions, prosecutions, or proceedings, unless so expressed,
nor does any repeal or amendment affect causes of the action, prosecution, or proceeding, existing at
the time of the amendment or repeal, unless otherwise expressly provided in the amending or repealing
law.
(C) When a provision of the code is repealed, the repeal does not:
(1) Affect any rights or liabilities which exist, have accrued or have been incurred by virtue of
the repealed provision;
(2) Affect an action or proceeding for the enforcement of any rights or liabilities existing or
arising thereunder.
(3) Relieve any person from punishment for an act committed in violation of the repealed
provision;
(4) Affect an indictment or prosecution for a violation of the repealed provision.
(D) For the purposes of this section, the repealed provision shall continue in full force and effect
notwithstanding the repeal, provided this does not affect the limitation of actions, prosecutions, or
proceedings imposed by any state statute.
('77 Code, § 1-5)
§ 10.0~ CONSTRUCTION OF SECTION
(A) lNhenever in one section reference is made to another section hereof, such reference shall
extend and apply to the section referred to as subsequently amended, revised, rec odifie, d., or renUrabered
unless the subiect matter is changed or materially altered by the amendment or rewslon.
(B) Whenever in a penalty section reference is made to a violation of a section or an inclusive
group of sections, the reference shall be construed to mean a violation of any provision of the section
or sections included in the reference.
(C) References in the code to action taken or authorized under designated sections of the code
include, in every case, action taken or authorized under the applicable legislative provision which is
superseded by the code.
8 Je~ersomrr~ - General Prow~ons
§ I0.0~ CONFLICTING PROVISIONS.
If the provisions of different codes, chapters, or sections of the codified ordinances conflict with or
contravene each other, the provisions bearing the latest passage date shall prevail. If the conflicting
provisions bear the same passage date, the conflict shall be construed so as to be consistent with the
meaning or legal effect of the subject matter taken as a whole.
§ I0.09 ,~'VI~ILI'IT.
If any provision of this code as now or later amended or its application to any person or
circumstances is held invalid, the invalidity does not affect other provisions that can be given effect
without the invalid provision or application.
('77 Code, § 1-14)
§ I0.10 R.~-'~IENCE TO OFFICES.
Reference to a public office or officer shall be deemed to apply to any office, officer, or employee
of the municipality exercising the powers, duties, or functions contemplated in the provision, irrespective
of any transfer of functions or change in the official title of the functionary.
('77 Code, § 1-2)
§ 10.11 ERRORS AND OMISSIONS.
If a manifest error is discovered consisting of the misspelling of any word or 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 such intent, such spelling shall be corrected, and such word or
words supplied, orrdtted, or substituted as will conform with the manifest intention, and the provision 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 such error.
§ 10. I~ ORDINANCES REPEALED.
This code, from and afler its effective date, shall contain all of the provisions of a general nature
pertaining to the subjects herein enumerated and embraced. All prior ordinances pertaining to the
subjects treated by this code shall be deemed repealed from and afler the effective date of this code of
ordinances.
('77 Code, § 1-13)
§ 10.13 ORDINANCES UNAt-'/-~C'r,-.',~.
All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not
enumeratad and embraced in this code of ordinances, shall remain in full force and effect unless herein
repealed expressly or by necessary implication.
§ 10.14 AL'r~.~dNG CODE
It shall be unlawful for any person in the city to change or amend, by additions or deletions, any part
or portion of th/s code, or to insert or delete pages, or portions thereof, or to alter or tamper with such
code in any manner whatsoever which will cause the law of the city to be misrepresented thereby.
('77 Code, § 1-8) Penalty, see § 10.99
§ 10.18 O~'~-~.~ISES PUKISHABLE UNDER SEPARA~I~ PROVISIONS.
In all cases where the same offenses may be made punishable or may be created by d/.t'ferent
clauses or sections of the ordinances of the city, the prosecuting officer may elect under Which to
proceed, but not more than one recovery shall be had aga/.nst the same person for the same offense.
('77 Code, § 1-12)
§ 10.99 G~:~I~R~ PENALTY.
Where an act or omission is prohibited or declared unlawful in this code of ordinances, and no
penalty is otherwise provided, the offender shall be £med not more than $2500 for each offense or
violation. A separate offense shall be deemed committed on each day that a violation occurs or
continues.
('77 Code, § 1-I0)
10 Jeffersonville - General Prov~ns