§ 1-2. Definitions and rules of construction.  


Latest version.
  • In the construction of this Code, and of all ordinances, the following definitions and rules shall be observed, unless such construction would be inconsistent with the manifest intent of the Common Council:

    Board or such board. The words "board" or "such board" mean the Board of Public Works and Safety, except where the context clearly indicates otherwise.

    State Law reference— Board of Public Works and Safety established, IC 36-4-9-5.

    City. The word "city" shall be construed as if the words "of LaPorte, Indiana," followed it.

    Code. Whenever the term "Code" or "this Code" is referred to without further qualification, it shall mean the Municipal Code of the City of LaPorte, Indiana, as designated in section 1-1.

    Computation of time. The time within which an act is to be done, as provided in this Code, shall be computed by excluding the first day and including the last. If the last day is Sunday, it shall be excluded.

    Council. The word "Council" or "Common Council" means the Common Council of the City of LaPorte.

    County or this county. The words "county" or "this county" mean the County of LaPorte in the State of Indiana.

    Fee, license, charge. Any reference to a fee, license or other charge shall refer to such charge as in effect on the effective date of this Code or as established or amended by the Board of Public Works and Safety.

    Gender. Words used in the masculine gender include feminine and neuter.

    Joint authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

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

    State Law reference— "Month" defined, IC 1-1-4-5(12).

    Number. Words importing, or used in, the singular include the plural; and words importing, or used in, the plural include the singular number.

    Oath. The word "oath" includes affirmation, and the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."

    State Law reference— "Oath" and "to swear" defined, IC 1-1-4-5(13).

    Officer, employee, department, board, commission, agency. Whenever an officer, employee, department, board, commission or agency is referred to, it shall be construed as if followed by the words "of the City of LaPorte, Indiana."

    Or, and. "Or" shall mean "and," and "and" shall mean "or," if the sense requires it.

    Owner. The word "owner," when applied to a building or land, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of such building or land.

    Person. The word "person" includes a corporation, society, company, firm, partnership, association, joint stock association, organization, trustee, government entity or any other group acting as a unit, as well as a natural person. It includes a trustee, receiver, assignee or similar representative of any of them.

    Personal property. The words "personal property" include goods, chattels, evidences of debt, and things in action.

    Preceding and following. The words "preceding" and "following" mean next before and next after respectively.

    Property. The word "property" includes real and personal property.

    Public place. The words "public place" mean any street or highway, sidewalk, park, cemetery, schoolyard or open space adjacent thereto and any lake or stream.

    Real property. The words "real property" include lands, tenements and hereditaments.

    Reasonable time. In all cases where any provision requires any act to be done in a "reasonable time," or "reasonable notice" to be given to any person, such reasonable time or notice means such time only as may be necessary in the prompt execution of such duty, or compliance with such notice.

    Shall, may. The term "shall" is mandatory; the term "may" is permissive.

    Sidewalk. The word "sidewalk" means the part of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.

    State Law reference— "Sidewalk" defined, IC 9-13-2-167.

    Signature or subscription. The word "signature" or "subscription" means the proper handwriting of a person or the person's mark.

    State Law reference— "Signature" defined, IC 1-1-4-5(25).

    State or this state. The word "state" or "this state" means the State of Indiana.

    State Law References. Whenever reference is made to "IC," it shall be construed to refer to the Indiana Code, as now or hereafter amended.

    Street. The word "street" means the entire width between the boundary lines of every way publicly maintained when any part of the way is open to the use of the public for purposes of vehicular travel. The term includes an alley.

    State Law reference— "Street" defined, IC 9-13-2-175.

    Tenant or occupant. The word "tenant" or "occupant," when applied to a building or land, includes any person holding a written or oral lease of, or who occupies, the whole or a part of such building or land, either alone or with others.

    Tense. Words used in the past or present tense include the future as well as the past and present.

    Written or in writing. The words "written" and "in writing" include printing, lithographing, or other mode of representing words and letters.

    State Law reference— "Written" defined, IC 1-1-4-5(25).

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

(Code 1971, § 1-2(part); Code 1985, §§ 1.04.020, 1.04.030, 1.04.040)

State law reference

Definitions applicable to construction of statutes, IC 1-1-4-5; definitions applicable to motor vehicles, IC 9-13-2-1 et seq.; computation of time, IC 34-1-61-1.