Chapter 1.05
RULES OF CONSTRUCTION
Sections:
1.05.030 Application to future ordinances.
1.05.060 Rules of interpretation.
1.05.080 References to other sections.
1.05.090 Reference to offices.
1.05.100 Errors and omissions.
1.05.130 Ordinances unaffected.
1.05.140 Publication of ordinances.
1.05.170 Enforcement of ordinances.
1.05.010 Title of code.
(A) All municipal ordinances of general application shall be arranged and printed in numbered, related divisions.
(B) This codification of ordinances by and for the City of Evansville, Indiana, shall be designated as the “Municipal Code of Evansville 1983,” and may be so cited. [1962 Code, Art. 2, Ch. 1, § 1(a); 1982 Code § 10.01; 1983 Code § 1.10.01.]
1.05.020 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 the section is analogous or similar to or derives its authority from 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. [1982 Code § 10.02; 1983 Code § 1.10.02.]
1.05.030 Application to future ordinances.
All provisions of EMC Title 1 compatible with future legislation shall apply to ordinances hereafter adopted amending or supplementing this code unless otherwise specifically provided. [1982 Code § 10.03; 1983 Code § 1.10.03.]
1.05.040 Captions.
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. [1982 Code § 10.04; 1983 Code § 1.10.04.]
1.05.050 Definitions.
For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“City” or “municipality” means the City of Evansville, Indiana.
“Council” means the Common Council of Evansville, Indiana, the legislative body of the City.
“County” means Vanderburgh County, Indiana.
“Oath” means any solemn affirmation, regardless of religious basis.
“Person” means a human being, corporation, partnership, unincorporated association, or governmental entity (IC 35-41-1-22).
“Registered mail” includes certified mail.
“State” means the State of Indiana. [Ord. G-85-14, passed 4-8-85. 1962 Code, Art. 2, Ch. 1, § 2; 1982 Code § 10.05; 1983 Code § 1.10.05.]
1.05.060 Rules of interpretation.
(A) The provisions of this code shall be construed according to the normal usage of the language. Words and phrases which have acquired a specific, technical meaning in the law shall be interpreted according to that meaning.
(B) Unless otherwise required by context, the present tense includes the future tense; the masculine gender includes the feminine and neuter genders; the plural number includes the singular, and the singular includes the plural.
(C) When a provision is to take effect from and after a named day, the provision shall be effective as of 12:01 a.m. of the named day.
(D) Once a provision has been repealed it can be revived only by re-enactment.
(E) A reference to any provision of this code refers also to amendments of the provision.
(F) Should provisions of this code conflict with one another, each provision shall control the subject matter with which it is most directly concerned. [1962 Code, Art. 2, Ch. 1, § 3; 1982 Code § 10.06; 1983 Code § 1.10.06.]
1.05.070 Severability.
If any provision of any ordinance or the application of any ordinance to any person or circumstance is invalid, the invalidity shall not affect the other provisions or application of any ordinance which can be given effect without the invalid provision or application, and to this end, all sections of ordinances are declared to be severable. [Ord. G-73-5, passed 3-5-73. 1962 Code, Art. 2, Ch. 1, § 5; 1982 Code § 10.07; 1983 Code § 1.10.07.]
1.05.080 References to other sections.
Whenever in one section reference is made to another section hereof, the 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. [1982 Code § 10.08; 1983 Code § 1.10.08.]
1.05.090 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. [1982 Code § 10.09; 1983 Code § 1.10.09.]
1.05.100 Errors and omissions.
If a manifest error is discovered consisting of the misspelling of any words; the omission of any word necessary to express the intention of the provisions affected; the use of a word to which no meaning can be attached; or the use of a word when another word was clearly intended to express the intent, the spelling shall be corrected and the word supplied, omitted, or substituted that 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 extent of the error. The City Clerk, after consultation with a law department, is hereby authorized to implement the corrections provided for in this section. [1982 Code § 10.10; 1983 Code § 1.10.10.]
1.05.110 Reasonable time.
(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 the act or the giving of the notice.
(B) The time within which an act is to be done, unless otherwise specifically provided, shall be computed by excluding the first day and including the last unless it is:
(1) A Saturday;
(2) A Sunday;
(3) A legal holiday as defined by State statute; or
(4) A day the office in which the act is to be done is closed during regular business hours.
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). 1982 Code § 10.11; 1983 Code § 1.10.11.]
1.05.120 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. [1982 Code § 10.12; 1983 Code § 1.10.12.]
1.05.130 Ordinances unaffected.
All ordinances of a temporary or special nature, all other ordinances pertaining to subjects not embraced in this code, and resolutions shall remain in full force and effect unless herein repealed expressly or by necessary implication. [1982 Code § 10.13; 1983 Code § 1.10.13.]
1.05.140 Publication of ordinances.
Ordinances passed by the Common Council and approved by the Mayor, or passed over the Mayor’s veto, shall be printed and published pursuant to law. [1962 Code, Art. 2, Ch. 1, § 6; 1982 Code § 10.14; 1983 Code § 1.10.14.]
1.05.150 City insignia.
(A) The corporate seal of the City shall be composed of the following:
(1) Two concentric circles. The outer circle shall be one and one-half inches in diameter; the inner circle one and one-fourth inches in diameter.
(2) The words “The City of Evansville” placed between the two concentric circles and at the top of the seal.
(3) The word “Indiana” placed between the two concentric circles and at the bottom of the seal.
(4) A star placed at each side of the word “Indiana” separating it from the words at the top of the seal.
(5) In the central area of the seal within the inner concentric circle, and toward the top, a representation of a set of balanced scales.
(6) Centered below the scales, and between the balance pans of the scales, a representation of a sheaf of wheat.
(B) The City Clerk shall be the custodian of the corporate seal, and shall affix it to all items required to bear the seal.
(C) The corporate flag of the City shall be a rectangle flag with three horizontal stripes, the top of which shall be light blue (Pantone 292C), the middle of which shall be gold (Pantone 7555C), and the bottom of which shall be dark blue (Pantone 2757C). Overlapping the three horizontal stripes, and set in the center of the rectangle flag, shall be three rings, of which the outermost ring shall be gold (Pantone 7555C), the middle ring shall be dark blue (Pantone 2757C), and the innermost ring shall be white. The middle ring shall contain 10 white stars evenly distributed in a circle, each of which shall represent a letter in the name “Evansville.” The innermost white ring shall depict the Four Freedoms pillars in white, set against a dark blue background (Pantone 2757C), and sitting atop six interchanging white and light blue (Pantone 292C) horizontal lines. The three white horizontal lines located within the innermost white ring shall represent the “heart of the Tri-State” and serve as the base of the Four Freedoms pillars. The three light blue (Pantone 292C) horizontal lines located within the innermost white ring shall represent the Wabash and Erie Canal (top), Pigeon Creek (middle), and the Ohio River (bottom).
[Ord. G-2024-3 § 1, passed 3-20-24.]
1.05.160 Official time.
The time observed in the City, and the time meant by any provision of this code making reference to time, shall be United States Central Standard Time from 2:00 a.m. on the last Sunday in October of each year to 2:00 a.m. on the last Sunday in April of each year. For the remainder of the year the time observed shall be one hour in advance of United States Central Standard Time. [Ord. G-66-3, passed 2-23-66; Ord. G-65-7, passed 4-26-65. 1962 Code, Art. 2, Ch. 1, § 8; 1982 Code § 10.16; 1983 Code § 1.10.16.]
1.05.170 Enforcement of ordinances.
(A) Enforcement. Ordinances may be enforced by the City by initiating a cause of action in a court of competent jurisdiction to collect a penalty for the violation of the ordinance.
(B) The City may commence a civil action to enjoin any person from:
(1) Violating an ordinance regulating or prohibiting a condition or use of property; or
(2) Engaging in conduct without a license, if an ordinance requires a license to engage in the conduct.
(C) If a condition violating an ordinance of the City exists on real property, officers of the City may enter onto that property and take appropriate action to bring the property into compliance with the ordinance. However, before action to bring compliance may be taken, all persons holding a substantial interest in the property must be given a reasonable opportunity to bring the property into compliance. If action to bring compliance is taken by the City, the expense involved may be made a lien against the property.
(D) Individuals charged with enforcement of ordinances may give notice of a violation by issuing a citation stating the nature of the violation. [Ord. G-82-20, passed 4-5-82. 1982 Code § 10.17; 1983 Code § 1.10.17.]
1.05.180 General penalty.
(A) Any person who violates any provision of this municipal code for which another monetary civil penalty is not specifically provided shall be subject to a civil penalty of not less than $10.00 nor more than $2,500 for each violation.
(B) Each day a violation exists shall be considered a separate violation, and a court may assess a monetary civil penalty for each day the violation exists.
(C) The Mayor is hereby authorized to designate City officials who may accept the payment of a minimum monetary civil penalty provided by this chapter or any other provision of the municipal code from the person responsible for a violation prior to the initiation of litigation, if the City official deems it to be in the best interests of the City that a higher penalty not be sought through litigation. [Ord. G-82-20, passed 4-5-82. 1982 Code § 10.99; 1983 Code § 1.10.99.]