§ 10.05. RULES OF INTERPRETATION; DEFINITIONS.

(A) Rules of interpretation. This code shall be construed by the following rules unless such construction is plainly repugnant to the legislative intent or context of the provision.

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

(2) Words imputing joint authority to three or more persons shall be construed as imputing authority to a majority of such persons, unless otherwise declared in the section giving such authority.

(3) Where a section requires an act to be done which, by law, an agent or deputy may perform in addition to the principal, the performance of the act by an authorized deputy or agent is valid.

(4) Words denoting the masculine gender shall be deemed to include the feminine and neuter genders; words in the singular shall include the plural, and words in the plural shall include the singular; the use of a verb in the present tense shall include the future, if applicable.

(B) Definitions. For the purpose of this code of ordinances, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

+>CITY. The City of Berne, Indiana, or the area within the territorial limits of the City of Berne, Indiana, and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.

CLERK/TREASURER. The Clerk/ Treasurer of the Common Council.

COMPUTATION OF TIME. The time within which an act is required to be done and is to be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded.

COUNCIL. The Common Council.

COUNTY. Adams County, Indiana.

ET SEQ. A Latin abbreviation for “and the following.”

GENDER. The words used in the masculine gender shall include feminine and neuter.

HIGHWAY. Includes bridges, roads, and streets, unless otherwise expressly provided.

I.C. State law found in the Indiana Code.

MAY is permissive.

MAYOR. The Mayor of the City of Berne.

MONTH. One calendar month.

MUST and SHALL are each mandatory.

OATH. Includes an affirmation or declaration 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.”

OWNER. Applies to a building or land, includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, of the whole or a part of such building or land.

PERSON. Extends to and includes person, persons, firm, corporation, copartnership, trustee, lessee, or receiver. Whenever used in any clause prescribing and imposing a penalty, the terms PERSON or WHOEVER as applied to any unincorporated entity shall mean the partners or members thereof, and as applied to corporations, the officers or agents thereof.

PERSONAL PROPERTY. Includes every kind of property except real property.

PRECEDING and FOLLOWING. When referring to sections or divisions in this code, refer to the sections or divisions next following or next preceding that in which the words occur, unless some other section is designated.

PROPERTY. Includes real and personal property.

PUBLIC PLACE. Any street or highway, alley sidewalk, park, cemetery, or other public land under the control of the city.

REAL PROPERTY. Includes lands, tenements and hereditaments.

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

STATE. The State of Indiana.

STREET. Includes all streets, highways, avenues, lanes, alleys, courts, squares, or other public ways in the city which have been or may hereafter be dedicated and open to public use.

SUBSTANTIAL PROPERTY INTEREST. Any right in real property that may be affected in a substantial way by actions authorized by Planning and Development laws of the State of Indiana, including a fee interest, a life estate, a future interest, a present possessory interest, or an equitable interest of a contract purchaser.

TENANT and OCCUPANT. Applied to a building or land, includes any person who occupies the whole or a part of such building or land, whether alone or with others.

WRITTEN and IN WRITING. Include printing, lithographing, or other modes of representing words and letters. Where the written signature of a person is required, the terms mean the proper handwriting of the person, or the person's mark.

YEAR. One calendar year, unless otherwise expressly provided.

(I.C. 1-1-4-5) (`84 Code, §1-3)