TITLE I: GENERAL PROVISIONS
Chapter
10. GENERAL PROVISIONS
2 Mitchell - General Provisions
CHAPTER 10: GENERAL PROVISIONS
Section
10.01 Title of code
10.02 Interpretation
10.03 Application to future ordinances
10.04 Captions
10.05 Definitions
10.06 Rules of interpretation
10.07 Severability
10.08 Reference to other sections
10.09 Reference to offices
10.10 Errors and omissions
10.11 Official time
10.12 Reasonable time
10.13 Ordinances repealed
10.14 Ordinances unaffected
10.15 Effective date of ordinances
10.16 Repeal or modification of ordinance
10.17 Ordinances which amend or supplement code
10.18 Section histories; statutory references
10.99 General penalty
§ 10.01 TITLE OF CODE.
This codification of ordinances by and for the municipality of
Mitchell shall be designated as the Code of Mitchell and may be
so cited.
§ 10.02 INTERPRETATION.
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 state law.
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§ 10.03 APPLICATION TO FUTURE ORDINANCES.
All provisions of Title I compatible with future legislation,
shall apply to ordinances hereafter adopted amending or
supplementing this code unless otherwise specifically provided.
§ 10.04 CAPTIONS.
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.
§ 10.05 DEFINITIONS.
(A) General rule. Words and phrases shall be taken in their
plain, or 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) For the purpose of this code, the following definitions
shall apply unless the context clearly indicates or requires a
different meaning.
CITY, MUNICIPAL CORPORATION, MUNICIPALITY, or TOWN. The City of
Mitchell, Indiana.
CODE, THIS CODE or THIS CODE OF ORDINANCES. This municipal code
as modified by amendment, revision, and adoption of new titles,
chapters, or sections.
COUNTY. Lawrence County, Indiana.
MAY. The act referred to is permissive.
MONTH. A calendar month.
OATH. 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.
OFFICER, OFFICE, EMPLOYEE, COMMISSION, or DEPARTMENT. An
officer, office, employee, commission, or department of this
municipality unless the context clearly requires otherwise.
PERSON. Extends to and includes person, persons, firm,
corporation, copartnership, trustee, lessee, or receiver.
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.
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PRECEDING or FOLLOWING. Next before or next after, respectively.
SHALL. The act referred to is mandatory.
SIGNATURE or SUBSCRIPTION. Includes a mark when the person
cannot write.
STATE. The State of Indiana.
SUBCHAPTER. A division of a chapter, designated in this code by
a heading in the chapter analysis and a capitalized heading in
the body of the chapter, setting apart a group of sections
related by the subject matter of the heading. Not all chapters
have subchapters.
WRITTEN. Any representation of words, letters, or figures,
whether by printing or otherwise.
YEAR. A calendar year, unless otherwise expressed; equivalent to
the words YEAR OF OUR LORD.
§ 10.06 RULES OF INTERPRETATION.
The construction of all ordinances of this municipality shall be
by the following rules, unless such construction is plainly
repugnant to the intent of the legislative body or of the
context of the same ordinance:
(A) AND or OR. Either conjunction shall include the other as if
written “and/or,” if the sense requires it.
(B) Acts by assistants. When a statute or ordinance 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.
(C) Gender; singular and plural; tenses. 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.
(D) General term. A general term following specific enumeration
of terms is not to be limited to the class enumerated unless
expressly so limited.
§ 10.07 SEVERABILITY.
If any provision of this code as now or later amended or its
application to any person or circumstance is held invalid, the
invalidity does not affect other provisions that can be given
effect without the invalid provision or application.
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§ 10.08 REFERENCE TO OTHER SECTIONS.
Whenever 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, recodified, or
renumbered unless the subject matter is changed or materially
altered by the amendment or revision.
§ 10.09 REFERENCE TO OFFICES.
Reference to a public office or officer shall be deemed to apply
to any office, officer, or employee of this 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.
§ 10.10 ERRORS AND OMISSIONS.
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 such intent, such spelling shall be corrected and
such 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 such error.
§ 10.11 OFFICIAL TIME.
The official time, as established by applicable state/federal
laws, shall be the official time within this municipality for
the transaction of all municipal business.
§ 10.12 REASONABLE TIME.
(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 such act or the giving
of such 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 Sunday, it shall be
excluded.
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§ 10.13 ORDINANCES REPEALED.
This code, from and after 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 after the effective date of this code.
§ 10.14 ORDINANCES UNAFFECTED.
All ordinances of a temporary or special nature and all other
ordinances pertaining to subjects not embraced in this code
shall remain in full force and effect unless herein repealed
expressly or by necessary implication.
§ 10.15 EFFECTIVE DATE OF ORDINANCES.
All ordinances passed by the Common Council requiring
publication shall take effect from and after the due publication
thereof, unless otherwise expressly provided. Ordinances not
requiring publication shall take effect from their passage,
unless otherwise expressly provided.
§ 10.16 REPEAL OR MODIFICATION OF ORDINANCE.
(A) Whenever any ordinance or part of an ordinance shall be
repealed or modified by a subsequent ordinance, the ordinance or
part of an ordinance thus repealed or modified shall continue in
force until the due publication of the ordinance repealing or
modifying it, when publication is required to give effect
thereto, unless otherwise expressly provided.
(B) No suit, proceedings, right, fine, forfeiture, or penalty
instituted, created, given, secured, or accrued under any
ordinance previous to its repeal shall in anyway be affected,
released, or discharged, but may be prosecuted, enjoyed, and
recovered as fully as if the ordinance had continued in force
unless it is otherwise expressly provided.
(C) When any ordinance repealing a former ordinance, clause, or
provision shall be itself repealed, the repeal shall not be
construed to revive the former ordinance, clause, or provision,
unless it is expressly provided.
§ 10.17 ORDINANCES WHICH AMEND OR SUPPLEMENT CODE.
(A) If the Common Council 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.
Mitchell - General Provisions
(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 such chapter or
section. In addition to such 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.
§ 10.18 SECTION HISTORIES; STATUTORY REFERENCES.
(A) As histories for the code sections, the specific number and
passage date of the original ordinance, and the most recent
three amending ordinances, if any, are listed following the text
of the code section. Example: (Ord. 10, passed 5-13-60; Am. Ord.
15, passed 1-1-70; Am. Ord. 20, passed 1-1-80; Am. Ord. 25,
passed 1-1-85)
(B) (1) If an IC is included in the history, this indicates that
the text of the section reads substantially the same as the
statute. Example: IC 36-5-2-2 (Ord. 10, passed 1-17-80; Am. Ord.
20, passed 1-1-85).
(2) If an IC 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:
§ 39.01 PUBLIC RECORDS AVAILABLE.
This municipality shall make available to any person for
inspection or copying all public records, unless otherwise
exempted by state law.
Statutory reference:
For provisions concerning the inspection of public records, see
IC 5-14-3-1 et seq.
§ 10.99 GENERAL PENALTY.
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 a fine not exceeding $
2,500. A separate offense shall be deemed committed upon each
day during which a violation occurs or continues.
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