§ 10.05. RULES OF CONSTRUCTION.  


Latest version.
  • 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 the 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 the 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 genders.
    (3) Words in the present tense include the future.
    (C) Calendar; computation of time.
    (1) The time within which an act is required by law to be done shall be computed by excluding the first and including the last day; except that when the last day falls on a Saturday, a Sunday, a legal holiday, or a day the office in which the act is to be done is closed during regular business hours, then the act may be done on the next succeeding day which is not a Saturday, a Sunday, a legal holiday, or a day on which the office is closed.
    (2) When a public office in which an act required by law is to be performed is closed to the public for the entire day which constitutes the last day for doing such act or before its usual closing time on such day, then such act may be performed on the next succeeding day which is not a Sunday or a legal holiday.
    (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 enumera-tion 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.
    ('80 Code, § 1-3)