(A) All ordinances of a permanent and general nature of the municipality as revised, codified, rearranged, renumbered, and consolidated into component codes, titles, chapters, and sections shall be known and designated as the Long Beach Code of l984, for which designation "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.

(B) All references to codes, titles, chapters, and sections are to such components of the code unless otherwise specified. Any component code may be referred to and cited by its name, such as the "traffic code." Sections may be referred to and cited by the designation "'" followed by the number, such as "' l0.0l." Headings and captions used in this code other than the title, chapter, and section numbers, are employed for reference purposes only and shall not be deemed a part of the text of any section.

' l0.02 INTERPRETATION.

(A) 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 the Indiana Code.

(B) Where a section of this code is followed by a reference to the Indiana Code, the reference indicates that the section is analogous or similar to the cited sections in the Indiana Code. Footnotes, cross-references, and other comments are by way of explanation only and should not be deemed a part of the text of any section.

(C) All provisions of this code are limited in application to the territorial boundaries of the municipal corporation unless otherwise specifically provided.

' l0.03 APPLICATION TO FUTURE ORDINANCES.

All provisions of Title I not incompatible with future legislation shall apply to ordinances hereafter adopted which amend or supplement this code unless otherwise specifically provided.

' l0.04 DEFINITIONS.

For purposes of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"AND." May be read "OR," and "OR" may be read "AND," if the sense requires it.

"ANOTHER." When used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property.

"CITY," "MUNICIPAL CORPORATION," "MUNICIPALITY," or "TOWN." The municipality of Long Beach, Indiana.

"COUNCIL." The Common Council of the city.

"COUNTY." LaPorte County, Indiana.

"IC." Refers to the Indiana Code.

"KEEPER" or "PROPRIETOR." Includes all persons, whether acting by themselves or as a servant, agent, or employee.

"LAND" or "REAL ESTATE." Includes rights and easements of incorporeal nature.

"MAY." The act referred to is permissive.

"MONTH." A calendar month.

"MUNICIPALITY." The municipality of Long Beach, Indiana.

"OATH." Includes an affirmation.

"OWNER." When applied to property, includes any part owner, joint owner, or tenant in common of the whole or part of such property.

"PERSON." Individual, firm, corporation, association, fiduciary, or governmental entity. (IC 36-l-2-l2)

"PERSONAL PROPERTY." Includes all property except real.

"POPULATION." Refers to the population according to the most recent federal special or decennial census. This definition applies even if the reference is to the most recent federal decennial census. (IC l-l-4-l)

"PREMISES." As applied to property, includes land and buildings.

"PROPERTY." Includes real, personal, mixed estates and interests.

"PUBLIC AUTHORITY." Includes boards of education; the municipal, county, state, or federal government, its officers or an agency thereof; or any duly authorized public official.

"PUBLIC PLACE." Includes any street, sidewalk, park, cemetery, school yard, body of water or watercourse, public conveyance, or any other place for the sale of merchandise, public accommodation, or amusement.

"REAL PROPERTY." Includes lands, tenements, and hereditaments.

"REGISTERED MAIL." Includes certified mail.

"SHALL." The act referred to is mandatory.

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

"STATE." The State of Indiana.

"STREET." Includes alleys, avenues, boulevards, lanes, roads, highways, viaducts, and all other public thoroughfares within the city.

"SUBCHAPTER." A division of a chapter, designated in this code by an underlined heading in the chapter analysis and a capitalized heading in the body of the chapter, setting apart a group of sections related by the subject matter of the heading. Not all chapters have subchapters.

"TENANT" or "OCCUPANT." As applied to premises, includes any person holding a written or oral lease, or who actually occupies the whole or any part of such premises, alone or with others.

"WRITING." Includes any representation of words, letters, or figures, whether by printing or otherwise.

"YEAR." A calendar year, unless otherwise expressed; equivalent to the words "YEAR OF OUR LORD." (IC l-l-4-l)

' l0.05 RULES OF CONSTRUCTION.

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 l-l-4-l)

(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 l-l-4-l)

(B) As used in the code, unless the context otherwise requires:

(l) The singular includes the plural, and the plural

includes the singular.

(2) Words of one gender include the other gender.

(3) Words in the present tense include the future.

(C) Calendar; computation of time.

(l) In computing any period of time prescribed or allowed by this code or any ordinance, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed is to be included unless it is:

(a) A Saturday;

(b) A Sunday;

(c) A legal holiday as defined by state statute; or

(d) A day the office in which the act is to be done is closed during regular business hours.

(2) In any event, the period runs until the end of the next day that is not a Saturday, a Sunday, a legal holiday, or a day on which the office is closed. When the period of time allowed is less than seven days, intermediate Saturdays, Sundays, legal holidays, and days on which the office is closed shall be excluded from the computations.

(Trial Rule 6 (A))

(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 l-l-4-l)

(E) General term. A general term following specific enumeration 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 l-l-4-l)

(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.

' l0.06 REVIVOR; EFFECT OF AMENDMENT OR REPEAL.

(A) The repeal of a repealing ordinance does not revive the ordinance originally repealed.

(B) When a provision of the code is repealed or amended, the repeal or amendment does not affect pending actions, prosecutions or proceedings, civil or criminal. When the repeal or amendment relates to the remedy, it does not affect pending actions, prosecutions, or proceedings, unless so expressed, nor does any repeal or amendment affect causes of the action, prosecution, or proceeding, existing at the time of the amendment or repeal, unless otherwise expressly provided in the amending or repealing law.

(C) When a provision of the code is repealed, the repeal does not:

(l) Affect any rights or liabilities which exist, have accrued or have been incurred by virtue of the repealed provision;

(2) Affect an action or proceeding for the enforcement of any rights or liabilities existing or arising thereunder.

(3) Relieve any person from punishment for an act committed in violation of the repealed provision;

(4) Affect an indictment or prosecution for a violation of the repealed provision.

(D) For the purposes of this section, the repealed provision shall continue in full force and effect notwithstanding the repeal, provided this does not affect the limitation of actions, prosecutions, or proceedings imposed by any state statute.

' l0.07 CONSTRUCTION OF SECTION REFERENCES.

(A) 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.

(B) Whenever in a penalty section reference is made to a violation of a section or an inclusive group of sections, the reference shall be construed to mean a violation of any provision of the section or sections included in the reference.

(C) References in the code to action taken or authorized under designated sections of the code include, in every case, action taken or authorized under the applicable legislative provision which is superseded by the code.

' l0.08 CONFLICTING PROVISIONS.

If the provisions of different codes, chapters, or sections of the codified ordinances conflict with or contravene each other, the provisions bearing the latest passage date shall prevail. If the conflicting provisions bear the same passage date, the conflict shall be construed so as to be consistent with the meaning or legal effect of the subject matter taken as a whole.

' l0.09 SEVERABILITY.

If any provision of this code as now or later amended or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application. (IC l-l-l-8)

' l0.l0 REFERENCE TO OFFICES.

Reference to a public office or officer shall be deemed to apply to any office, officer, or employee of the 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.

' l0.ll ERRORS AND OMISSIONS.

If a manifest error be discovered consisting of the misspelling of any word or 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 provision 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.

' l0.l2 ORDINANCES REPEALED.

This code, from and after its effective date, shall contain all of the provisions of a general nature pertaining to the subjects herein enumerated and embraced. All prior ordinances pertaining to the subjects treated by this code shall be deemed repealed from and after the effective date of this code of ordinances.

' l0.l3 ORDINANCES UNAFFECTED.

All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not enumerated and embraced in this code of ordinances, shall remain in full force and effect unless herein repealed expressly or by necessary implication.

' l0.l4 HISTORICAL AND STATUTORY REFERENCES.

(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. l0, passed 5-l3-60; Am. Ord. l5, passed

l-l-70; Am. Ord. 20, passed l-l-80, Am. Ord. 25, passed l-l-85)

(B) If an IC cite is included in the history, this indicates that the text of the section reads word-for-word the same as the statute. Example: (IC 36-5-5-8) (Ord. l0, passed l-l7-80; Am. Ord. 20, passed l-l-85). If an IC 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, Example:

' 3l.l0 TOWN MANAGER.

The Town Council establishes hereby the position of

Town Manager.

(Ord. l0, passed l-l-80)

Statutory reference:

For powers and duties of the Town Manager, see IC 36-5-5-8

' l0.99 GENERAL PENALTY.

Where an act or omission is prohibited or declared unlawful in this code of ordinances, and no penalty is otherwise provided, the offender shall be fined not more than $l00 for each offense or violation. A separate offense shall be deemed committed on each day that a violation occurs or continues.

CHAPTER ll: ORDINANCES REPEALED AND SAVED

Section

ll.0l Ordinances specifically repealed

ll.02 Ordinances specifically saved

' ll.0l ORDINANCES SPECIFICALLY REPEALED.

The following ordinances are to be specifically repealed.

ORDINANCE NO. DATE ENACTED TYPE OF ORDINANCE

l80 l945 Inoculation of dogs

l67 l942 Air-raids

87 l929 Ward districting

88 l929 Fire extinguishers

97 l930 Littering

l09 l93l Open burning of leaves

ll6 l93l Establishment of Building

Commission

ll7 l93l Disorderly conduct

l33 l935 Garbage disposal

l40 l936 Issuance of liquor permits

l44 l937 Trailers

l3 l924 Parking cars on Lake

Shore Drive

28 l926 Weight limits on certain roads

29 l926 Water use for lawn sprinkling

30 l926 Dogs running at large

4l l926 Weight limits on certain roads

Unknown l945 Deputy Marshal

47 l927 Building permits

52 l927 Billboards and signs

ll3 l93l Hawking and peddling

Unknown l950 Weight limits on certain roads

Unknown l948 Vaccination of dogs

' ll.02 ORDINANCES SPECIFICALLY SAVED.

The following ordinances are to be specifically saved.

ORDINANCE NO. DATE ENACTED TYPE OF ORDINANCE

Unknown l97l Control of dog noise

Unknown l950 Weights of vehicles on public

ways

l03 l93l Placing poles, posts, fences,

or abutments on public

highways

Unknown l93l Prohibiting the running of a

stop sign

l2 l924 Changing name of Hermitage

Avenue to Lake Shore Drive

20 l925 Regulating parking of cars on

Lake Shore Drive

75 l964 Liquor licenses

223 l959 Ordinance regulating use of

mufflers on motor vehicles

Unknown l97l Ordinance providing for

regulation of open storage

of mobile homes, campers,

and the like

Unknown 3/09/70 Re: Buildings

Unknown 3/09/70 Re: Location permits

Unknown 3/09/70 Re: Outdoor advertising

Unknown 3/09/70 Re: Subdivisions

Unknown 3/09/70 Zoning

Unknown 9/08/75

Unknown 3/08/76

7903 l0/22/79

8805 7/l4/80

80l7 l/l2/8l

80l8 l2/29/80

8l03 7/l3/8l

820l 3/08/82

8202 3/08/82

8203 3/08/82

8207 8/09/82

8209 l2/20/82

82l0 l2/20/82

Plus all ordinances enacted thereafter.