CHAPTER 1

GENERAL PROVISIONS

1 – 1.1     Designation And Citation Of Code

The provisions embraced in this and following Titles, Chapters and

Sections shall constitute and be designated "The Code of the County of Vigo, Indiana 1983" and may be so cited. The Code may also be cited as the "County Code" or in the provisions which follow as "This Code".

1 – 1.2      Definitions And Rules Of Construction

In the construction of this Code and of all ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the Board of Commissioners or the context clearly requires otherwise:

AGENCY.  When used to designate a subordinate element of government shall

mean and be construed as including all, offices, departments, institutions, boards, commissions, and corporations of the County government and, when so specified, all offices, departments, institutions, boards, commissions, and corporations which receive or disburse County funds.

COUNTY.  Shall mean and be construed as if the words "Vigo, Indiana",

followed it.

DEFINITIONS.  Given within a Chapter shall apply only to words or phrases

used in such Chapter unless otherwise provided.

      DESIGNEE.  Following an official of the County shall mean the authorized

agent, employee or representative of such official.

      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.

MAY.  The word may is permissive and discretionary.

MONTH.  Shall mean a calendar month unless otherwise expressed.

NUMBER.  A word importing the singular number only, may, where the context

requires, extend and be applied to several persons or things as well as to one person or thing; a word importing the plural number only, may, where the context requires, extend and be applied to one person or thing, as well as to several persons or things.

OATH.  Shall mean any form of attestation by which a person signifies what

he is bound in conscience to perform an act or to speak faithfully and truthfully and includes an affirmation or declaration in cases where by law an affirmation may be substituted for an oath.

ORDINANCES AND RESOLUTIONS.  Shall mean the ordinances and resolutions of

the County of Vigo and all amendments and supplements thereto.

PERSON.  Shall mean and extend and be applied to associations, firms,

partnerships and bodies politic and corporate as well as to individuals.

      PERSONAL PROPERTY.  Shall mean any money, goods, movable chattels, things

in action, evidence of debt, all objects and rights which are capable of ownership, and every other species of property except real property.

      PUBLIC PLACE. Shall mean and include any public street, road, or highway,

alley, lane, sidewalk, crosswalk, or other public way, or any public resort, place of amusement, stadium, athletic field, park, playground, public building or grounds appurtenant thereto, school building or school grounds, public parking lot or any vacant lot, the elevator, lobby, halls, corridors and areas open to the public of any store, office, or apartment building or any other place commonly open to the public.

      REAL PROPERTY.  Shall mean land, together with all things attached to the

land so as to become a part thereof.

REGISTERED MAIL.  Shall include certified mail with return receipt

requested.

      SHALL/MUST. The words shall, or must are mandatory.

      SIGNATURE AND SUBSCRIPTION.  Shall mean the name of a person, mark or

symbol appended by him to a writing with intent to authenticate the instrument as one made or put into effect by him. -

STATE.  Shall mean the State of Indiana.

WORDS AND PHRASES.  Shall mean and be construed according to the common

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

YEAR.  Shall mean a calendar year unless otherwise expressed.

1 – 1.3      Acts By Deputy, Or Designee

Whenever a power is granted to or a duty is imposed upon a public officer or employee, the power may be performed by any authorized deputy or designee or by any person duly authorized, unless this Code expressly provides otherwise.

1 – 1.4      Code Provisions As Continuance Of Existing Ordinances

1 – 1.4-a      The provisions appearing in this Code, insofar as they relate to the same subject matter and are substantially the same as those ordinance provisions previously adopted by the County and existing at the effective date of this Code, shall be considered as restatements and continuations thereof and not as new enactments.

1 – 1.4-b      No new ordinance shall be construed to repeal a former ordinance, as to any offense committed against the former ordinance, or as to any act done, any penalty, forfeiture, or punishment incurred, or any right accrued, or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or done, or any penalty, forfeiture, or punishment so incurred or any right accrued, or claim arising before the new ordinance takes effect; save only that the preceedings thereafter had shall conform, so far as practicable, to the ordinances in force at the time of such proceedings; and if any penalty, forfeiture, or punishment be mitigated by any pro-vision of the new ordinance, such provision may, with the consent of the party affected, be applied to any judgment pronounced after the new ordinance takes effect.

1 – 1.5      Effect Of Repeal Of Ordinances; Revival

1 – 1.5-a      Neither the adoption of this Code nor the repeal hereby of any ordinance of the County shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty at the effective date due and unpaid under such ordinance, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereof appertaining shall continue in full force and effect.

1 – 1.5-b       Whenever any ordinance repealing a former ordinance, clause or provision is repealed, such repeal shall not be construed as reviving such former ordinance, clause or provision, unless expressly provided therein.

1 – 1.6      References Include Amendments And Penalties; Construction

1 – 1.6-a      Any reference in this Code to an ordinance or provision of this Code shall mean such ordinance or provision as may now exist or as hereafter amended.

1 – 1.6-b      Any reference in this Code to Chapters, Sections Shall be to the Chapters, and Sections of this Code unless otherwise specified.

1 – 1.6-c      Any reference to any amendment of any Section of this Code containing provisions for which a penalty is provided in another Section, the penalty so provided in such other Section shall be held to relate to the Section so amended or the amending Section whether reenacted in the amendatory ordinance or not, unless such penalty is specifically repealed therein.

1 – 1.7      Conflicting Provisions

1 – 1.7-a      If the provisions of different Chapters, or Sections of this Code conflict with or contravene each other, the provisions of each Chapter, or Section shall prevail as to all matters and questions growing out of the subject matter of that Chapter, or Section.

1 – 1.7-b      If clearly conflicting provisions are found in different Sections of the same Chapter, the provisions of the Section last enacted shall prevail unless the construction is inconsistent with the meaning of that Chapter.

1 – 1.8      Catchlines And Headings; Construction

All designations and headings of Chapters, and Sections are intended only for convenience in arrangement and as mere catchwords to indicate the contents of such Chapters, or Sections, whether printed in boldface type or italics. They shall not be deemed or taken to be any part or title of such Chapters, Sections; nor unless expressly so provided, shall they be so deemed upon amendment or reenactment; nor shall they be construed to govern, limit, modify, alter or in any other manner affect the scope, meaning or intent of any of the provisions of this Code.

1 – 1.9      Interpretation Of Section Numbers

In reading a Section from left to right, the digit or digits to the left of the first dash designate the Chapter number. The digit or digits to the right of the first dash designates the Section within the Chapter.

1 – 1.10      Unlawful Or Prohibited Acts Include Causing, Permitting, Concealing

Whenever in this Code any act or omission is made unlawful or prohibited

it shall include causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.

1 – 1.11       Code Severability

It is declared to be the intention of the Board of Commissioners that the Sections, Subsections, paragraphs, sentences, clauses, phrases and words of this Code are severable. If any Section, Subsection, paragraph, sentence, clause, phrase or word is declared unconstitutional or otherwise invalid by the lawful judgment or decree of any court of competent jurisdiction, its unconstitutionality or invalidity shall not affect the validity of any of the remaining Sections, Subsections, paragraphs, sentences, clauses, phrases and words of this Code, since the same would have been enacted by the Board of Commissioners without and irrespective of any unconstitutional or otherwise invalid Section, Subsection, paragraph, sentence, clause, phrase or word being incorporated into this Code.