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CHAPTER 10: GENERAL PROVISIONS

            10.01   Short titles

            10.02   Interpretation

            10.03   Application to future ordinances

            10.04   Definitions

            10.05   Rules of construction

            10.06   Revivor; effect of amendment or repeal

            10.07   Construction of section references

            10.08   Conflicting provisions

            10.09   Severability

            10.10   Reference

            10.11   Errors and omissions

            10.12   Ordinances repealed

            10.13   Ordinances unaffected

            10.14   Historical and statutory references

            10.99   General penalty

§ 10.01 SHORT TITLES.

            (A)      All ordinances of a permanent and general nature of the municipality as revised, codified, rearranged, renumbered, and consolidated into component codes, titles, chapters, and sections shall be known and designated as the Fowler Code of 1984, for which designation “codified ordinances” or “code” may be substituted. Code, title, chapter, and section headings do not constitute any part of the law as contained in the code.

            (B)      All references to codes, titles, chapters, and sections are to such components of the code unless otherwise specified. Any component code may be referred to and cited by its name, such as the “traffic code.” Sections may be referred to and cited by the designation “§” followed by the number, such as “§ 10.01.” 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.

§ 10.02 INTERPRETATION.

            (A)      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 the Indiana Code.

            (B)      Where a section of this code is followed by a reference to the Indiana Code, the references indicates that the section is analogous or similar to the cited sections in the Indiana Code. Footnotes, cross-references, and other comments are by way of explanation only and should not be deemed a part of the text of any section.

            (C)      All provisions of this code are limited in application to the territorial boundaries of the municipal corporation unless otherwise specifically provided.

§ 10.03 APPLICATION TO FUTURE ORDINANCES.

All provisions of Title I not incompatible with future legislation shall apply to ordinances hereafter adopted which amend or supplement this code unless otherwise specifically provided.

§ 10.04 DEFINITIONS.

For purposed of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

            “AND.” May be read “OR,” may be read “AND,” if the sense requires it.

“ANOTHER.” When used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property.

“CITY,” “MUNICIPAL CORPORATION,” “MUNICIPALITY,” or “TOWN.” The municipality of Fowler, Indiana.

“COUNCIL.” The Common Council of the city.

            “COUNTY.” Benton County, Indiana.

            “IC.” Refers to the Indiana Code.

“KEEPER” or “PROPRIETOR.” Includes all persons, whether acting by themselves or as a servant, agent, or employee.

            “LAND” or “REAL ESTATE.” Includes rights and easements of incorporeal nature.

            “MAY.” The act referred to is permissive.

            “MONTH” A calendar month.

            “MUNICIPALITY.” The municipality of Fowler, Indiana.

            “OATH.” Includes an affirmation.

“OWNER.” When applied to property, includes any part owner, joint owner, or tenant in common of the whole or part of such property.

“PERSON.” Individual, firm, corporation, association, fiduciary, or governmental entity. (IC 36-1-2-12)

            “PERSONAL PROPERTY.” Includes all property except real.

“POPULATION.” Refers to the population according to the most recent federal special or decennial census. This definition applies even if the reference is to the most recent federal decennial census. (IC 1-1-4-1)

            “PREMISES.” As applied to property, includes land and buildings.

            “PROPERTY.” Includes real, personal, mixed estates and interests.

“PUBLIC AUTHORITY.” Includes boards of education; the municipal, county, state, or federal government, its officers or an agency thereof; or any duly authorized public official.

“PUBLIC PLACE.” Includes any street, sidewalk, park, cemetery, school yard, body of water or watercourse, public conveyance, or any other place for the sale of merchandise, public accommodation, or amusement.

            “REAL PROPERTY.” Includes lands, tenements, and hereditaments.

            “REGISTERED MAIL.” Includes certified mail.

            “SHALL.” The act referred to as mandatory.

“SIDEWALK.” That portion of the street between the curb line and the adjacent property line intended for the use of pedestrians.

            “STATE.” The State of Indiana.

“STREET.” Includes alleys, avenues, boulevards, lanes, roads, highways, viaducts, and all other public thoroughfares within the city.

“SUBCHAPTER.” A division of a chapter, designated in this code by an underlined 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.

“TENANT” or “OCCUPANT.” As applied to premises, includes any person holding a written or oral lease, or which actually occupies the whole or any part of such premises, alone or with others.

“WRITING.” Includes 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.”

§ 10.05 RULES OF CONSTRUCTION. 

The construction of all ordinances of this city shall be by the following rules, unless such construction is plainly repugnant to the intent of the legislative body or of th context of the same ordinance. (IC 1-1-4-1)

            (A)      Words and phrases shall be taken in their plain, ordinary, and usual sense. But technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import. (IC 1-1-4-1)

            (B)      As used in code; unless the context otherwise requires:

                        1)        The singular includes the plural, and the plural includes the singular.

                        2)        Words of one gender include the other gender.

                        3)        Words in the present tense include the future.

            (C)      Calendar; computation of time.

                        1)        In computing any period of time prescribed or allowed by this code or any ordinance, the day of the act, event, or default included. The last day of the period so computed is to be included unless it is:

                                                a)        A Saturday;

                                                b)        A Sunday

                                                c)        A legal holiday as defined by state statue; or

                                                d)        A day the office in which the act is to be done is closed during regular business hours.

                        2)        In any event, the period runs until the end of the next day that is not a Saturday, a Sunday, a legal holiday, or a day on which the office is closed. When the period of time allowed is less than seven days, intermediate Saturdays, Sundays, legal holidays, and on days which the office is closed shall be excluded from the computations.

                                    (Trial Rule 6 (A) )

                        3)        When a law is to take effect or become operative from and after a day named, no part of that day shall be included.

                        4)        If a number of months is to be computed by counting the months from a particular day, the period ends on the same numerical day in the concluding month as the day of the month from which the computation is begun, unless there are not that many days in the concluding month, in which case the period ends on the last day of that month.

                        5)        In all cases where the law requires any act to be done in a reasonable time or reasonable notice to be given, such reasonable time or notice shall mean the time only as may be necessary for the prompt performance of such duty or compliance with such notice.

            D)       Act by assistants. When a statute 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.     (IC 1-1-4-1)

            E)        General term. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited.

            F)        Joint authority. Words importing joint authority to three or more persons shall be construed as authority to a majority of such persons, unless otherwise declared in the law giving such authority. (IC 1-1-4-1)

            G)       Exceptions. The rules of construction shall not apply to any law which contains any express provision excluding such construction, or when the subject matter or context of such law may be repugnant thereto.

§ 10.06 REVIVOR; EFFECT OF AMENDMENT OR REPEAL.

            A)       The repeal of a repealing ordinance does not revive the ordinance originally repealed.

            B)        When a provision of the code is repealed or amended, the repeal or amendment does not affect pending actions, prosecutions or proceedings, civil or criminal. When the repeal or amendment relates to the remedy, it does not affect pending actions, prosecutions, or proceedings, unless so expressed, nor does any repeal or amendment affect causes of the action, prosecution, or proceeding, existing at the time of the amendment or repeal, unless otherwise expressly provided in the amending or repealing law.

            C)        When a provision of the code is repealed, the repeal does not:

                        1)        Affect any rights or liabilities which exist, have accrued or have been incurred by virtue of the repealed provision;

                        2)        Affect an action or proceeding for the enforcement of any rights or liabilities existing or arising thereunder.

                        3)        Relieve any person from punishment for an act committed in violation of the repealed provision;

                        4)        Affect an indictment or prosecution for a violation of the repealed provision.

            D)       For the purposes of this section, the repealed provision shall continue in full force and effect notwithstanding the repeal, provided this does not affect the limitation of actions, prosecutions, or proceedings imposed by any state statute.

§ 10.07 CONSTRUCTION OF SECTION REFERENCES.

            A)       Whenever in one section reference is made to another 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.

            B)        Whenever in a penalty section reference is made to a violation of a section or an inclusive group of sections , the reference shall be construed to mean a violation of any provisions of the section or sections included in the reference.

            C)        References in he code to action taken or authorized under designated sections of the code include, in every case, action taken or authorized under the applicable legislative provision which is superseded by the code.

§ 10.08 CONFLICTING PROVISIONS.

If the provisions of different codes, chapters, or sections of the codified ordinances conflict with or contravene each other the provisions bearing the latest passage date shall prevail. If the conflicting provisions bear the same passage date, the conflict shall be construed so as to be consistent with the meaning or legal effect of the subject matter taken as a whole.

§ 10.09 SEVERABILITY.

If any provisions of this code as now or later amended or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application. (IC 1-1-1-8)

§ 10.10 REFERENCE TO OFFICES.

Reference to a public office or officer shall be deemed to apply to any office, officer, or employee of the municipality exercising the powers, duties, or functions contemplated in the provision irrespective of any transfer or functions or change in the official title of the functionary.

§ 10.11 ERRORS AND OMISSIONS.

If a manifest error be discovered consisting of the misspelling of any word or words, the omission 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 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 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.

§ 10.12 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 of ordinances.

§ 10.13 ORDINANCES UNAFFECTED.

All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not enumerated and embraced in this code of ordinances, shall remain in full force and effect unless herein repealed expressly or by necessary implication.

§ 10.14 HISTORICAL AND 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 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)      If an IC cite is included in the history, this indicates that the text of the section reads word-for-word the same as the statute. Example:        (IC 36-5-5-8) (Ord.10, passed 1-17-80; Am. Ord. 20, passed 1-1-85). If an IC cite 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:

                                    § 31.10 TOWN MANAGER.

The Board of Trustees establishes hereby the position of Town Manager.

                                                (Ord. 10, passed 1-1-80)

                                                ______________________

                                                Statutory reference:

                                                            For powers and duties fo the Town Manager, see IC

                                                            36-5-5-8

§ 10.99 GENERAL PENALTY.

Where an act or omission is prohibited or declared unlawful in this code of ordinances, and no penalty is otherwise provided, the offender shall be fined not more than $100 for each offense or violation. A separate offense shall be deemed committed on each day that a violation occurs or continues.

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TITLE III: ADMINISTRATION

                        30. BOARD OF TRUSTEES

                        31. OFFICERS AND EMPLOYEES

32. FINANCE AND REVENUE

                        33. DEPARTMENTS, BOARDS, AND COMMISSIONS

30. BOARD OF TRUSTEES

            30.01   Designation of legislative body and town executive

            30.02   Terms of members

            30.03   Districts

            30.04   Election

            30.05   Residency

            30.06   President of Board

            30.07   Clerk

            30.08   Powers and duties

Passage of Ordinances

            30.20   Quorum

            30.21   Majority vote; two-thirds vote

            30.22   Publication

            30.23   Recording ordinances

§ 30.01 DESIGNATION OF LEGISLATIVE BODY AND TOWN EXECUTIVE.

The Board of Trustees elected under this chapter is the town legislative body. The President of the Board of Trustees selected under § 30.06 if this chapter is the town executive.

            (IC 36-5-2-2)

§ 30.02 TERMS OF MEMBERS.

The term of office of a member of the Board of Trustees is four years, beginning at noon on January 1 after his election and continuing until his successor is elected and qualified.

            (IC 36-5-2-3)

§ 30.03 DISTRICTS.

The town is redistricted into five districts of approximately equal population. The five districts are to be those set out in the map that is labeled Ordinance 1982-9 which will be kept at the town hall and is hereby made a part thereof.

            (Ord. 1982-9, passed 12-20-82)

§ 30.04 ELECTION.

            (A)      The Board of Trustees shall consist of one member from each of the five districts set forth in § 30.03.

            (B)      All members of the Town Board are to be elected at large by the voters of the entire town.

            (C)      The town shall in all respects choose and elect all Town Board members as provided in IC 36-5 et seq.

                        (Ord. 1982-9, passed 12-20-82)

§ 30.05 RESIDENCY.

            (A)      A member of the Board of Trustees who is elected by the voters of a district forfeits his office if he ceases to be a resident of the district.

            (B)      An at large member of the Board of Trustees forfeits his office if he ceases to be a resident of the town.

                        (IC 36-5-2-6)

§ 30.06 PRESIDENT OF BOARD.

The Board of Trustees shall select one of its members to be its president for a definite term, which may not exceed his term of office as a member of the Board of Trustees.

§ 30.07 CLERK.

            (A)      The Town Clerk-Treasurer is the clerk of the Board of Trustees.

            (B)      Whenever the Board of Trustees has an even number of members for any reason, the Clerk-Treasurer is an ex officio member for the purpose of casting the deciding vote to break a tie.

                        (IC 36-5-2-8)

§ 30.08 POWERS AND DUTIES.

            The Board of Trustees may:

            (A)      Adopt ordinances and resolutions for the performance of functions of the town;

            (B)      Purchase, hold, and convey any interest in property, for the use of the town; and

            (C)      Adopt and use a common seal.

                        (IC 36-5-2-8)

PASSAGE OF ORDINANCES

§ 30.20 QUORUM.

A majority of all the elected members of the Board of Trustees constitutes a quorum.

            (IC 36-5-2-9.2)

§ 30.21 MAJORITY VOTE; TWO-THIRDS VOTE.

            (A)      A requirement that an ordinance, resolution, or other action of the Board of Trustees be passed by a majority vote means at least a majority vote of all the elected members.

            (B)      A requirement that an ordinance, resolution, or other action of the Board of Trustees be passed by a two-thirds vote means at least a two-thirds vote of all the elected members.

            (C)      A majority vote of the Board of Trustees is required to pass an ordinance, unless a greater vote is required by statute.

                        (IC 36-5-2-9.6)

            (D)      A two-thirds vote of all the elected members, after unanimous consent of the members present to consider the ordinance, is required to pas an ordinance of the Board of Trustees on the same day or at the same meeting at which it is introduced.

                        (IC 36-5-2-9.8)

§ 30.22 PUBLICATION.

            (A)      An ordinance, order, or resolution passed by the Board of Trustees is considered adopted when it is signed by the President of the Board of Trustees. If required by statute, an adopted ordinance, order, or resolution must be promulgated or published before it takes effect.

            (B)      An ordinance prescribing a penalty for a violation must before it takes effect, be published in the manner prescribed by IC 5-3-1, unless:

                        (1)       It is published under IC 36-1-5; or

                        (2)       It declares an emergency requiring its immediate effectiveness and is posted in one public place in each district in the town.

            (C)      This section does not apply to a zoning ordinance or amendment to a zoning ordinance, or a resolution approving a comprehensive plan, that is adopted under IC 36-7.

§ 30.23 RECORDING ORDINANCES.

            (A)      Within a reasonable time after an ordinance of the Board of Trustees is adopted, the Clerk-Treasurer shall record it in a book kept for that purpose. The record must include:

                        (1)       The signature of the executive;

                        (2)       The attestation of the Clerk-Treasurer;

                        (3)       The date of each recorded item.

            (B)      The record or a certified copy of it constitutes presumptive evidence of the adoption of the ordinance.

                        (IC 36-5-2-10.2)

31. OFFICERS AND EMPLOYEES

            31.01   Compensation

            31.02   Advance of vacation pay

            31.03   Delivery of records to successor

            31.04   Revocation of license

Town Manager

            31.20   Authorization; term

            31.21   Qualifications; bond

            31.22   Joint employment

            31.23   Acting manager

            31.24