CHAPTER 1 -- GENERAL PROVISIONS

Sec. 1-1 Code Citation and Designation.

The ordinances contained in the following chapters, articles, and sections shall constitute and be designated as the "KENTLAND TOWN CODE", and may be cited as the "TOWN CODE".

Sec. 1-2 Effective Date of Code; Repeal of General Ordinances in Conflict; Savings Clause.

All of the provisions of this Code shall be in full force and effect from the date of passage and the filing of this Code in the offices of the Clerk-Treasurer, and all ordinances of a general and permanent nature in force at that time are hereby repealed from and after said date.

Such repeal shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or occurring before said effective date; nor shall it affect any ordinance accepting gifts and dedications of real estate; nor any ordinance or resolution promising or guaranteeing the payment of money by the Town or authorizing the issue of bonds of said Town; or other evidence of the Town's indebtedness, or any contract or obligation assumed by said Town; nor shall said repeal affect the administration ordinances or resolutions of this Code; nor shall it affect transfer and appropriation ordinances; nor shall it affect any ordinance concerning annexation or dis-annexation of territories to or from the Town, or any ordinances changing or concerning names of streets, or opening and closing streets, or ordinances commonly known as zoning map amendments; nor shall it affect any right, easement or franchise; conferred by any person or corporation; nor shall it affect any prosecution, suit or proceeding pending on said date, except that the proceeding1 thereof shall conform as far as possible to the provisions of this Code.¹

Sec. 1-3 Definitions.

(a) In the construction of this Code and of all ordinances, the following definitions shall be applied:

(1).    "Board" means the Town Board of Trustees of Kentland, except where the context clearly indicates otherwise.

(2).    "Clerk-Treasurer" means the Clerk and Fiscal Officer of the Town of Kentland.

(3).    "Code" means the Kentland Town Code.

(4).    "Computation of Time" means the time within which an act is to be done, as herein provided, and shall be computed by excluding the first day and including the last. If the last day be Sunday, it shall be excluded.

(5).     "County" means the County of Newton, State of Indiana.

(6).    "et. seq." means a Latin abbreviation for "and the following".

(7).    "Gender" means words used in the masculine gender shall include feminine and neuter.

(8)     "I.C." shall refer to State law found in the Indiana Code.

(9)     "May" is permissive.

(10)     "Month" means a calendar month.

(11)     "Must" and "shall" are each mandatory.

(12)     "Oath" includes an affirmation of 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".

(13)     "Owner" applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant, tenant entirety, of the whole or a part of such building or land.

(14)     "Person" means any individual, firm, corporation, association, fiduciary, or governmental entity.

(15)     "Personal property" includes every kind of property except real property.

(16)     "Preceding" and "following" mean next before and next after, respectively.

(17)     "Property" includes real and personal property.

(18)     "Public Place" means any street or highway, sidewalk, park cemetery, school yard or open space adjacent thereto and and lake or stream.

(19)     "Real Property" shall include lands, tenements, and hereditaments.

(20)     "Reasonable time" means in all cases where any provision shall require any act to be done in a "reasonable time" or reasonable notice" to be given any person, such reasonable time or notice shall be deemed to mean such time only as may be necessary in the prompt execution of such duty or compliance with such notice.

(21)     "Sidewalk" means any portion of the street between the curb line and the adjacent property line, intended for the use of pedestrians, excluding parkways.

(22)     "Signature or Subscriptions" includes a mark when the person cannot write.

(23)     "State" means the State of Indiana.

(24)     "Street" means to embrace streets, avenues, boulevards, roads, alleys, viaducts and all other public highways in the Town.

(25)     "Tenant" - the words "tenant" or "occupant" applies to a building or land and shall include any person holding a written or oral lease of, or who occupied the whole or a part of such building or land, either alone or with others.

(26)     "Town" means the Town of Kentland, Indiana, or the area within the territorial limits of the Town of Kentland, Indiana, and such territory, if any, outside of the Town over which the Town has jurisdiction or control by virtue of any constitutional or statutory provision.

(27)     "Written" includes printed, typewritten, or otherwise reproduced in permanent visible form.

(28)     "Year" means a calendar year.

Sec. 1-4 Code Application.

This Code shall refer only to the omission or commission of acts within the territorial limits of the Town of Kentland and to that territory outside this Town, if any over which the Town has jurisdiction or control by virtue of any constitutional provision or law.

Sec. 1-5 Interpretation of Section Numbers.

(a) Each section of this code shall be numbered consecutively by chapter. The number shall consist of two (2) component parts separated by a dash, the figure before the dash referring to the chapter number and the figure after the dash referring to the position of the section within the chapter.

(b) The decimal system shall be used for all additions or amendments to this Code. When a chapter or section is to be added, the new chapter or section shall he given a decimal character.

(c) The information within the parentheses following contains the ordinance number, former section of the original date of passage of the original ordinances, where possible.

Sec. 1-6 Repeal Shall Not Revive Ordinances.

The repeal of an ordinance shall not repeal the repealing clause of ordinance or revive any Ordinances which have been repealed thereby.

Sec. 1-7 Effective Date of Ordinances.

Unless otherwise expressly provided, an Ordinance shall take effect when passed according to I.C. 36-4-6-14(a) or I.C. 36-4-56-14(c); however, an Ordinance prescribing a penalty or forfeiture for a violation must be published pursuant to I.C. 36-4-6-14(b) or I.C. 36-4-6-14(c).

Sec. 1-8 Severability of Code.

If any part, section, subsection, sentence, clause or phrase of this Code is for any reason declared to be unc9flstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Code.

Sec. 1-9 General Penalty.

Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code shall be guilty of an offense. Except in cases where different punishment is prescribed by a specific section of this code any person convicted of an offense shall be punished by a fine of not more than two thousand five hundred dollars ($2,500.00). Every day any violation of this Code shall continue shall constitute a separate offense.²

Sec. 1-10 Town Seal.

(a) The Clerk-Treasurer shall be the custodian of the Town's Seal and affix it to such documents and instruments as required.

(b) The Town Seal of Kentland shall be circular in form with the words " Town of Kentland" inscribed on the top and "Indiana" inscribed on the bottom.

1    Adoptions of Ordinances and Resolutions and Publication of a Town Code See: T.C. 36-5-1-20, I.C. 36-5-2-10.2, I.C. 36-1-5-3, I.C. 36-1-5-6.

2    I.C.36-1-3-8 provides that the maximum penalty allowed is $2,500.00