§ 1-2. Definitions and rules of construction.

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

Generally. When provisions conflict, the specific shall prevail over the general. All provisions shall be liberally construed so that the intent of the common council may be effectuated. Terms and phrases shall be construed according to the common and approved usage of the language, but technical terms, technical phrases and terms and phrases that have acquired peculiar and appropriate meanings in law shall be construed according to such meanings. 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.

City. The term "city" means the City of Logansport, Indiana.

Common council and council. The terms "common council" and "council" mean the common council of the City of Logansport, Indiana.

Code. The term "Code" means the Logansport, 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 city 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 city 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 city office is closed shall be excluded from the computation.

Conjunction. In a provision involving two or more items, conditions, provisions or events, which items, conditions, provisions or events are connected by the conjunction "and," "or" or "either … or," such conjunction shall be interpreted as follows:

(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.

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

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

Gender. Terms of one gender shall 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. Terms giving a joint authority to three or more persons shall 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 and not permissive.

Number. Terms in the singular shall include the plural. Terms in the plural shall 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, boards, commissions and employees. References to "officers, departments, boards, commissions or employees" are to city officers, city departments, city boards, city commissions or city 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, governmental or political subdivision or public agency, public or private corporation, partnership, firm, association or other organization, 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 land 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, public conveyance or any place for the sale of merchandise, public accommodation or amusement.

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

Shall. The term "shall" shall be construed as being mandatory and not permissive.

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

Signature and 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 and occupant. The terms "tenant" and "occupant," as applied to a 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 shall include the past and future tenses. The future tense shall include the present tense.

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.

(Code 1974, § 1-2(f))

State law reference

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