Title I

<body topmargin=0 leftmargin=0 marginheight=0 marginwidth=0> <table cellpadding=0 cellspacing=0 border=0><tr> <td valign="top" height=60 BGCOLOR="#000000" TEXT="#F7F7FF"> <div> Berne City Police     |     <A HREF="id17.htm" TARGET="_top" TITLE="Home"><U>Home</U></A></div> <div> <A HREF="id45.htm" TARGET="_top" TITLE="Berne City Code"><U>Berne City Code</U></A>   |   <B>Title I</B>   |   <A HREF="id49.htm" TARGET="_top" TITLE="Title II"><U>Title II</U></A>   |   <A HREF="id46.htm" TARGET="_top" TITLE="Title III"><U>Title III</U></A>   |   <A HREF="id51.htm" TARGET="_top" TITLE="Title V"><U>Title V</U></A>   |   <A HREF="id50.htm" TARGET="_top" TITLE="Title VII"><U>Title VII</U></A>   |   <A HREF="id48.htm" TARGET="_top" TITLE="Title IX"><U>Title IX</U></A>   |   <A HREF="id47.htm" TARGET="_top" TITLE="Title XI"><U>Title XI</U></A>   |   <A HREF="id53.htm" TARGET="_top" TITLE="Title XIII"><U>Title XIII</U></A>   |   <A HREF="id54.htm" TARGET="_top" TITLE="Title XV"><U>Title XV</U></A></div> <div> </div> </td> </tr><tr> <td valign="top" height=400 BGCOLOR="#000000" TEXT="#F7F7FF"> <div> <A HREF="id17.htm" TARGET="_top" TITLE="Home"><U><B>Back to the Berne Police Department</B></U></A></div> <div> Title I:<FONT SIZE="4" COLOR="#FFFFFF" FACE="Bookman Old Style" > General Provisions </FONT></div> <div> <B>TITLE I: GENERAL PROVISIONS</B></div> <div> Chapter</div> <bR> <div> 10.     GENERAL PROVISIONS</div> <div> 11.     CITY STANDARDS</div> <bR> <div> <B>CHAPTER 10:  GENERAL PROVISIONS</B></div> <div> Section</div> <bR> <div> 10.01     Title of code</div> <div> 10.02     Interpretation</div> <div> 10.03     Application to future ordinances</div> <div> 10.04     Construction of code</div> <div> 10.05     Rules of interpretation; definitions</div> <div> 10.06     Severability</div> <div> 10.07     Reference to other sections</div> <div> 10.08     Reference to offices; name designations</div> <div> 10.09     Errors and omissions</div> <div> 10.10     Reasonable time</div> <div> 10.11     Repeal or modification of code section</div> <div> 10.12     Limitation periods</div> <div> 10.13     Ordinances unaffected</div> <div> 10.14     Ordinances which amend or supplement code</div> <div> 10.15     Section histories; statutory references</div> <div> 10.16     Preservation of penalties, offenses, rights and liabilities</div> <div> 10.99     General penalty</div> <bR> <div> § <B>10.01  TITLE OF CODE.</B></div> <div> All ordinances of a permanent and general nature of the city, as revised, codified, rearranged, renumbered, and consolidated into component codes, titles, chapters, and sections, shall be known and designated as the “City Code,” for which designation “Code of Ordinances,” “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.</div> <bR> <div> § <B>10.02  INTERPRETATION.</B></div> <div> 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 state law.</div> <bR> <div> § <B>10.03  APPLICATION TO FUTURE ORDINANCES.</B></div> <div> All provisions of Title I compatible with future legislation, shall apply to ordinances hereafter adopted amending or supplementing this code unless otherwise specifically provided.</div> <bR> <div> § <B>10.04  CONSTRUCTION OF CODE.</B></div> <div> (A)     This code is a codification of previously existing laws, amendments thereto, and newly enacted laws. Any previously existing law or amendment thereto reenacted by this code shall continue in operation and effect, as if it had not been repealed by this code. All rules and regulations adopted under laws reenacted in this code shall remain in full force and effect unless repealed or amended subsequent to the enactment of this code.</div> <div> (B)     Any appropriation repealed and reenacted by this code is continued only for the period designated in the original enactment of that appropriation.</div> <div> (C)     The numerical order and position of sections in this code does not resolve a conflict between two or more sections.</div> <div> (D)     Any irreconcilable conflict between sections shall be resolved by reference to the dates that the sections were originally enacted. The section most recently enacted supersedes any conflicting section or subsection.</div> <div> (E)     All references within a section of this code to any section of previously existing laws refer to the numbers in the original enactment.</div> <div> (F)     (1)     The numerical designations and descriptive headings assigned to the various titles, chapters, subchapters or sections of this code, as originally enacted, or as added by amendment, are not law, and may be altered by the compilers of this or any subsequent codification, in any official publication, to more clearly indicate its content. These descriptive headings are for organizational purposes only, and do not affect the meaning, application, or construction of the law they precede.</div> <div> (2)     Each note following a section of this code is for reference purposes only, and is not a part of the section.</div> <div> (G)     All references to any section of this code refer to all subsequent amendments to that section, unless otherwise provided.</div> <div> (I.C. 1-1-1-5)</div> <bR> <div> § <B>10.05  RULES OF INTERPRETATION; DEFINITIONS.</B></div> <div> (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.</div> <div> (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.</div> <div> (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.</div> <div> (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.</div> <div> (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.</div> <div> (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.</div> <div> +>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.</div> <div> CLERK/TREASURER. The Clerk/ Treasurer of the Common Council.</div> <div> 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.</div> <div> COUNCIL.  The Common Council.</div> <div> COUNTY.  Adams County, Indiana.</div> <div> ET SEQ.  A Latin abbreviation for “and the following.”</div> <div> GENDER.  The words used in the masculine gender shall include feminine and neuter.</div> <div> HIGHWAY.  Includes bridges, roads, and streets, unless otherwise expressly provided.</div> <div> I.C.  State law found in the Indiana Code.</div> <div> MAY is permissive.</div> <div> MAYOR.  The Mayor of the City of Berne.</div> <div> MONTH.  One calendar month.</div> <div> MUST and SHALL are each mandatory.</div> <div> 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.”</div> <div> 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.</div> <div> 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.</div> <div> PERSONAL PROPERTY.  Includes every kind of property except real property.</div> <div> 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.</div> <div> PROPERTY.  Includes real and personal property.</div> <div> PUBLIC PLACE.  Any street or highway, alley sidewalk, park, cemetery, or other public land under the control of the city.</div> <div> REAL PROPERTY.  Includes lands, tenements and hereditaments.</div> <div> SIDEWALK.  That portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.</div> <div> STATE.  The State of Indiana.</div> <div> 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.</div> <div> 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.</div> <div> 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.</div> <div> 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.</div> <div> YEAR.  One calendar year, unless otherwise expressly provided.</div> <div> (I.C. 1-1-4-5)  (`84 Code, §1-3)</div> <bR> <div> § <B>10.06  SEVERABILITY.</B></div> <div> (A)     If any section of this code now enacted or subsequently amended or its application to any person or circumstances is held invalid, the invalidity does not affect other sections that can be given effect without the invalid section or application.</div> <div> (B)     Except in the case of a section or amendment to this code containing a non-severability provision, each division or part of every section is severable.  If any portion or application of a section is held invalid, the invalidity does not affect the remainder of the section unless:</div> <div> (1)     The remainder is so essentially and inseparably connected with and so dependent upon the invalid provision or application that it cannot be presumed that the remainder would have been enacted without the invalid provision or application; or</div> <div> (2)     The remainder is incomplete and incapable of being executed in accordance with the legislative intent without the invalid provision or application.</div> <div> (C)     This section applies to every section of this code regardless of whether a section was enacted before or after the passage of this code.</div> <div> (I.C. 1-1-1-8)</div> <bR> <div> § <B>10.07  REFERENCE TO OTHER SECTIONS.</B></div> <div> Whenever in one 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.</div> <bR> <div> § <B>10.08  REFERENCE TO OFFICES; NAME DESIGNATIONS.</B></div> <div> (A)     Reference to offices.  Reference to a public office or officer shall be deemed to apply to any office, officer, or employee of this municipality exercising the powers, duties, or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary.</div> <div> (B)     Name designations.  Whenever any ordinance or resolution of the Council refers to any board, bureau, commission, division, department, officer, agency, authority, or instrumentality of any government, and that name designation is incorrectly stated; or at the time of the effective date of that ordinance or subsequent thereto, the rights, powers, duties, or liabilities placed with that entity are or were transferred to a different entity; then such named board, bureau, commission, department, division, officer, agency, authority or instrumentality, whether correctly named in the ordinance at its effective date or not, means that correctly named entity, or the entity to which such duties, liabilities, powers, and rights were transferred. (I.C. 1-1-6-1)</div> <bR> <div> § <B>10.09  ERRORS AND OMISSIONS.</B></div> <div> If a manifest error is discovered, consisting of the misspelling of any 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 provisions 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.</div> <bR> <div> § <B>10.10  REASONABLE TIME.</B></div> <div> (A)     In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice shall be deemed to mean the time which is necessary for a prompt performance of such act or the giving of such notice.</div> <div> (B)     The time within which an act is to be done, as herein provided, shall be computed by excluding the first day and including the last.  If the last day be a Saturday, Sunday, or a state holiday, it shall be excluded.</div> <bR> <div> § <B>10.11  REPEAL OR MODIFICATION OF CODE SECTION.</B></div> <div> When a section of this code is repealed which repealed a former section or law adopted prior to the enactment of this code, the former section or law is not revived unless it so expressly provides. The repeal of any section shall not extinguish or release any penalty, forfeiture, or liability incurred under such section, unless the repealing section so expressly provides. Such section shall be treated as still remaining in force for the purposes of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability.</div> <div> (I.C. 1-1-5-1)</div> <bR> <div> § <B>10.12  LIMITATION PERIODS.</B></div> <div> The running of any period of limitations or any requirement of notice contained in any law, whether applicable to civil causes or proceedings, or to the prosecution of offenses, or for the recovery of penalties and forfeitures, contained in a law repealed and reenacted by this code, shall not be affected by the repeal and reenactment; but all suits, proceedings, and prosecutions for causes arising or acts committed prior to the effective date of this code may be commenced and prosecuted with the same effect as if this code had not been enacted.</div> <div> Statutory reference:</div> <div> Periods of limitation, see I.C. 1-1-1-7</div> <bR> <div> § <B>10.13  ORDINANCES UNAFFECTED.</B></div> <div> All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not embraced in this code shall remain in full force and effect unless herein repealed expressly or by necessary implication.</div> <bR> <div> § <B>10.14  ORDINANCES WHICH AMEND OR SUPPLEMENT CODE.</B></div> <div> (A)     If the legislative body shall desire to amend any existing chapter or section of this code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place.</div> <div> (B)     Any ordinance which is proposed to add to the existing code a new chapter or section shall indicate, with reference to the arrangement of this code, the proper number of such chapter or section.  In addition to such indication thereof as may appear in the text of the proposed ordinance, a caption or title shall be shown in concise form above the ordinance.</div> <bR> <div> § <B>10.15  SECTION HISTORIES; STATUTORY REFERENCES.</B></div> <div> (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 the 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)</div> <div> (B)     (1)     If a statutory cite is included in the history, this indicates that the text of the section reads substantially the same as the statute.</div> <div> Example:  (I.C. 36-5-2-2) (Ord. 10, passed 1-17-80; Am. Ord. 20, passed 1-1-85)</div> <div> (2)     If a statutory 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.</div> <div> Example:</div> <bR> <div> § <B>39.01 PUBLIC RECORDS AVAILABLE.</B></div> <div> This municipality shall make available to any person for inspection or copying all public records, unless otherwise exempted by state law.</div> <div> Statutory reference:</div> <div> For provisions concerning the inspection of public records, see I.C. 5-14-3-1 et seq.</div> <bR> <div> § <B>10.16  PRESERVATION OF PENALTIES, OFFENSES, RIGHTS AND LIABILITIES.</B></div> <div> All offenses committed under laws in force prior to the effective date of this code shall be prosecuted and remain punishable as provided by those laws. This code does not affect any rights or liabilities accrued, penalties incurred, or proceedings begun prior to the effective date of this code. The liabilities, proceedings and rights are continued; punishments, penalties, or forfeitures shall be enforced and imposed as if this code had not been enacted. In particular, any agreement granting permission to utilize highway rights-of-way, contracts entered into or franchises granted, the acceptance, establishment or vacation of any highway, and the election of corporate officers shall remain valid in all respects, as if this code had not been enacted.</div> <bR> <div> § <B>10.99  GENERAL PENALTY.</B></div> <div> Any person, firm, or corporation who violates any provision of this code for which another penalty is not specifically provided shall, upon conviction, be subject to a fine not exceeding $2,500. A separate offense shall be deemed committed upon each day during which a violation occurs or continues.</div> <div> Statutory reference:</div> <div> Power to prescribe fines up to $2,500 granted,  see I.C. 36-1-3-8(a)(10)</div> <bR> </td> </tr><tr> <td valign="top" height=20 BGCOLOR="#000000" TEXT="#F7F7FF"> <div> <B>©2006 </B><A HREF="http://sparksdesign.googlepages.com/" TARGET="_top" TITLE="http://sparksdesign.googlepages.com/"><U><B>Sparks Design of Berne</B></U></A><B>. All rights reserved. 356 W Main Street, Berne, Indiana 46711</B></div> <bR> </td> </tr></table></body>