§ 1-2. Definitions and rules of construction.  


Latest version.
  • The following definitions and rules of construction shall apply to this Code and to all ordinances unless the context requires otherwise:

    Generally.

    (1)

    When provisions conflict, the specific shall prevail over the general.

    (2)

    All provisions shall be liberally construed so that the intent of the town council may be effectuated. Words and phrases shall be construed according to the common and approved usage of the language, but technical words, technical phrases and words and phrases that have acquired peculiar and appropriate meanings in law shall be construed according to such meanings.

    (3)

    This Code shall be interpreted and applied so as to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare.

    (4)

    If a manifest error be 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 were 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 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.

    Code. The term "Code" means the Versailles, Indiana Code, as designated in section 1-1.

    Computation of time. In computing any period of time, 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 a Saturday, Sunday, legal holiday, or a day on which the town office in which the act is to be done is closed during regular business hours. In any event, the period runs until the end of the next day that is neither a Saturday, Sunday, legal holiday or a day on which the town office in which the act is to be done is closed. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, legal holidays and days on which the town office is closed shall be excluded from the computation.

    Conjunctions. In a provision involving two or more items, conditions, provisions or events, which items, conditions, provisions or events are connected by the conjunctions "and," "or" or "either . . . or," the conjunctions shall be interpreted as follows, except that in appropriate cases the terms "and" and "or" are interchangeable:

    (1)

    The term "and" indicates that all the connected terms, conditions, provisions or events apply.

    (2)

    The term "or" indicates that the connected terms, conditions, provisions or events apply singly or in any combination.

    (3)

    The term "either . . . or" indicates that the connected terms, conditions, provisions or events apply singly but not in combination.

    Council, town council. The terms "town council" and "council" mean the town council of the Town of Versailles, Indiana.

    County. The term "county" means Ripley County, Indiana.

    Delegation of authority. A provision that authorizes or requires a town officer or town employee to perform an act or make a decision authorizes such officer or employee to act or make a decision through subordinates.

    Gender. Words of one gender include all other genders.

    IC. The abbreviation "IC" refers to the Indiana Code, as amended.

    Includes. The term "includes" does not limit a term to a specified example.

    Joint authority. Words giving a joint authority to three or more persons give such authority to a majority of such persons.

    May. The term "may" is to be construed as being permissive and not mandatory.

    Month. The term "month" means a calendar month.

    Must. The term "must" is to be construed as being mandatory.

    Number. Words in the singular include the plural. Words in the plural include the singular.

    Oath. A solemn affirmation is the equivalent to an oath and a person shall be deemed to have sworn if such person makes such an affirmation.

    Officers, departments, etc. References to officers, departments, boards, commissions or employees are to town officers, town departments, town boards, town commissions and town employees.

    Owner. The term "owner," as applied to property, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or part of such property.

    Person. The term "person" means any human being, any governmental or political subdivision or public agency, any public or private corporation, any partnership, any firm, association or other organization, any receiver, trustee, assignee, agent, or other legal representative of any of the foregoing or any other legal entity.

    Personal property. The term "personal property" means any property other than real property.

    Premises. The term "premises," as applied to real property, includes lands and structures.

    Property. The term "property" includes real property, personal property and mixed property.

    Public place. The term "public place" includes any street, sidewalk, park, cemetery, schoolyard, body of water or watercourse.

    Real property. The term "real property" includes lands, tenements and hereditaments.

    Shall. The term "shall" is to be construed as being mandatory.

    Sidewalk. The term "sidewalk" means that portion of the street between the curbline and the adjacent property line intended for the use of pedestrians.

    Signature, subscription. The terms "signature" and "subscription" include a mark when the signer or subscriber cannot write. In such situations, such person's name shall be written near the mark by a witness who writes his own name near such person's name.

    State. The term "state" means the State of Indiana.

    Street. The term "street" includes any alley, avenue, boulevard, lane, road, highway, viaduct or other public thoroughfare.

    Tenant, occupant. The terms "tenant" and "occupant," as applied to premises include any person holding a written or oral lease, or who actually occupies the whole or any part of such premises, alone or with others.

    Tenses. The present tense includes the past and future tenses. The future tense includes the present tense.

    Town. The term "town" means the Town of Versailles, Ripley County, Indiana.

    Town manager. Any reference to the town manager is a reference to the town officer or town employee authorized to administer or enforce the provision.

    Week. The term "week" means a period of seven consecutive days.

    Writing. The term "writing" includes any form of recorded message capable of comprehension by ordinary visual means.

    Year. The term "year" means a calendar year.

State law reference

Similar rules of statutory construction, IC 1-1-4.