§ 1-3. Rules of construction and definitions.

In the construction of this Code and of all ordinances, the rules and definitions set out in this section shall be observed, unless such construction would be inconsistent with the manifest intent of the common council. The rules of construction and definitions set out in this section shall not be applied to any section of this Code which contains any express provisions excluding such construction, or where the subject matter or context of such section may be repugnant thereto. All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the common council may be fully carried out.

Board. The word "board" shall mean the board of public works and safety.

Building commissioner, building inspector and building official. The terms "building commissioner," "building inspector" and "building official" are synonymous.

City. The word "city" shall mean the City of Kendallville, Indiana.

Common council, council. Whenever the term "council" or "common council" is used, it shall be construed to mean the Common Council of the City of Kendallville.

Computation of time. The time within which any act provided by law is to be done shall be computed by excluding the first day and including the last. If the last day is Sunday it shall be excluded.

State Law reference— Computation of time, IC § 34-1-61-1.

Corporate limits, city limits. The terms "corporate limits" and "city limits" shall mean the legal boundaries of the city, except as otherwise provided by law.

County. The words "the county" and "this county" shall mean the County of Noble in the State of Indiana.

Delegation of authority. Whenever a provision appears requiring the head of a department or some other city officer to do some act or perform some duty, it shall be construed to authorize the head of the department or other officer to designate, delegate and authorize subordinates to perform the required act or duty, unless the terms of the provision or section specify otherwise.

Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.

IC. The abbreviation "IC" stands for the Indiana Code, as amended.

Joint authority. All words giving joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

May. The word "may" shall be construed as being permissive.

May not. The words "may not" have a prohibitory effect and state a prohibition.

Mayor. The word "mayor" shall mean the mayor of the city.

Month. The word "month" shall mean a calendar month.

Must. The word "must" shall be construed as being mandatory.

Nontechnical and technical words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

Number. A word importing the singular number only shall extend and be applied to several persons and things as well as to one (1) person and thing, and a word importing the plural shall extend to the singular.

Oath. The word "oath" shall be construed to include 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."

Officers generally. Whenever any officer is referred to by title, such as "clerk-treasurer," "chief of police," etc., such reference shall be construed as if followed by the words "of the City of Kendallville."

Or, and. "Or" may be read "and" and "and" may be read "or" if the sense requires it.

Owner. The word "owner," applied to a building or land, shall include 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" shall extend and be applied to associations, clubs, societies, firms, partnerships, bodies politic and corporate, or any other group acting as a unit, as well as to natural persons.

Personal property. The term "personal property" includes every species of property except real property, as described in this section.

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

Property. The word "property" shall include real and personal property.

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

Quorum. The word "quorum" shall mean a majority of the members of a board, commission or committee holding office, unless otherwise specifically provided by state statute.

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

Reasonable time, reasonable notice. 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 shall be deemed to mean such time only as may be necessary for the prompt execution of such duty or compliance with such notice.

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

Sidewalk. The word "sidewalk" shall mean any portion of a street between the curbline and the adjacent property line intended for the use of pedestrians, excluding parkways.

Signature or subscription. The term "signature" or "subscription" includes a mark made by a person who cannot write.

State. The word "state" shall be construed to mean the State of Indiana.

Street. The word "street" shall be construed to include streets, avenues, boulevards, roads, alleys, viaducts and all other public highways in the city.

Tenant, occupant. The words "tenant" and "occupant," applied to a building or land, shall include any person holding a written or oral lease 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, in writing. The terms "written" and "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

Year. The word "year" shall mean a calendar year.

(Code 1975, § 1-2)