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                                        CHAPTER 10: GENERAL PROVISIONS

§ 10.01 TITLE OF CODE.

     This codification of ordinances by and for the City of Gary, Indiana, shall be designated as the " and may be so
cited.
('60 Code, § 1-101; Code 1989, § 10.01)

§ 10.02 SCOPE.

     This code is intended to and shall be considered and treated as a new and comprehensive ordinance which shall
repeal and supersede the "Municipal Code of Gary, Indiana, of 1989 1960," and all other general ordinances heretofore
enacted, except such as, by reference thereto, are expressly saved from repeal or continued in force and effect for any
purpose.
('60 Code, § 1-102; Code 1989, § 10.02)

§ 10.03 General 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, such 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
although the same may not be so limited specifically.
(Code 1989, § 10.03)

§ 10.04 RULES OF INTERPRETATION.

       The following construction of words shall be used in connection with this code.

       (A) Whenever any words in any part to this code import the plural number, the singular shall be deemed to be
           included; whenever the singular number shall be used, it shall be deemed to include the plural.

       (B) Whenever the masculine gender is used in this code, females as well as males shall be deemed to be included.

       (C) Words in the present tense shall be deemed to include the future tense.

       (D) "WRITTEN" and "IN WRITING." Include printing, typewriting, mimeographing, planographing, or similar
            matter.

       (E) "SHALL." Is mandatory.

       (F) "OFFICER." Includes "employee."



1
    Legal Analysis: Code 1989, ch. 10. This chapter has been totally revised with standardized Municipal Code Corporation
          provisions. Subsequent footnotes will identify changes of a truly substantive nature or material that will be
          transferred to other chapters.
                                                                                                             Page 2 of 17


     (G) "AND." May mean "or."
('60 Code, § 1-114; Code 1989, § 10.04)

§ 10.05 DEFINITIONS.

     (A) General rule. Words and phrases shall be taken in their plain, or ordinary and usual sense. 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) For the purposes of this code the following definitions shall apply unless the context clearly indicates or
requires a different meaning.

     "BOARD." The principal board named in the chapter.

     "BOARD OF HEALTH." The City Board of Health.

     "BOARDS OF HEALTH." State or city Boards of Health or both as the interpretation may require.

     "BUILDING CODE." The building code of the city or the entire chapter title in the municipal code pertaining to
building regulations.

     "CITY." City of Gary, Indiana.

     "CODE." The Municipal Code of Gary, Indiana, and all amendments and supplements thereto.

     "COMMON COUNCIL." Common Council of the city.

     "COUNTY." County of Lake.

     "ELECTRICAL REGULATIONS." The electrical regulations of the city or that portion of the building code
pertaining to electrical regulations of the city.

     "GENERAL ASSEMBLY." The General Assembly of the State of Indiana.

     "OWNER." Applied to a building or land, includes any part owner, joint owner, tenant in common, tenant in
partnership, joint tenant, or tenant by entirety, of the whole, or of part of the building or land.

     "PERSON." Any individual, firm, trust, partnership, corporation, association, or group in his or its own capacity or
as administrator, guardian, executor, trustee, receiver, or other representative appointed by the court.

     (1) Whenever the word "PERSON" is used in this code prescribing a penalty or fine as applied to partnerships or
          associations, the word shall include the partners or employees thereof, and as applied to corporations, shall
          include the officers, agents, or employees thereof who are responsible for any violation of this code.

     (2) The word "PERSONS," when used in connection with the city, shall include officers, employees, or assistants.

     (3) The word "PERSON" may mean a child.

     "PUBLIC WAY." Any sidewalk, street, alley, highway, or other public thorough-fare.

     "RESIDENT." A resident of the city.

     "STATE." State of Indiana.
                                                                                                               Page 3 of 17


     "TENANT." Any person holding a written or oral lease of, or who occupies, the whole or a part of a building or
land, either alone or with others.

     "TRAFFIC CODE." The traffic code of the city or the entire chapter in the municipal code pertaining to traffic
regulations.

     "ZONING CODE." The zoning code of the city or the entire chapter in the municipal code pertaining to zoning in
the city.
('60 Code, § 1-113; Code 1989, § 10.05)

§ 10.06 APPLICATION TO FUTURE ORDINANCES.

    All provisions of Title I not incompatible with future legislation, shall apply to ordinances hereafter adopted
amending or supplementing this code unless otherwise specifically provided.
(Code 1989, § 10.06)

§ 10.07 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 provisions, irrespective of any transfer of
functions or change in the official title of the functionary.
(Code 1989, § 10.07)

§ 10.08 ERRORS AND OMISSIONS.

     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; or 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.
(Code 1989, § 10.08)

§ 10.09 ORDINANCES REPEALED.

      (A) This code repeals former ordinances but includes, in modified form, a reenactment of some former ordinances.
It also includes new and additional provisions and shall be so interpreted and construed. All offices, positions, and
employments which were provided for by former ordinances, which are herein repealed, and which offices, positions,
and employments are provided for by this code, shall continue without interruption or change; and all the incumbents
thereof shall continue without re-appointment, as though this code had not been passed.

     (B) Where any act or thing has been done pursuant to the requirements of any former ordinance which is herein
repealed, which act or thing done would be a substantial compliance with the requirements of this code, no second or
further performance shall be necessary except where the acts are required upon a change of conditions or periodically,
as herein provided. The unexpended remainder of any appropriation for the use of any department, division, or bureau
of the city, which shall remain at the time of the taking effect of this code, shall be and remain available for the use of
the department, division, or bureau under this code.
('60 Code, § 1-103; Code 1989, § 10.09)

§ 10.10 ORDINANCES UNAFFECTED.

    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.
                                                                                                                Page 4 of 17



§ 10.11 AMENDMENTS.

     (A) Any amendments or additions to this code, when passed in a form which indicates the intention of the
Common Council to make the same a part hereof, shall be deemed to be incorporated in this code so that a reference to
the "Municipal Code of Gary, Indiana," shall be understood as including them.

      (B) Each new ordinance, the substance of which or any section or provision of which would have the effect of
amending, altering, or adding to the provisions of this code, shall be drawn as an amendment or supplement and shall
be given a number which shall designate the section in the proper place and sequence. All amendments or supplements
to this code shall follow the general form of this code.
      (C) All amendatory or supplemental ordinances introduced in the Common Council shall be submitted by the City
Clerk to the City Attorney for numbering before passage; and no ordinance shall be published without appropriate
numbering by the City Attorney. This section shall not be deemed a limitation upon the powers of the Common Council
but shall be liberally construed for the purpose of avoiding confusion in numbering titles, chapters, articles sections,
and divisions and sections.
('60 Code, § 1-105; Code 1989, § 10.11)

§ 10.12 PUBLICATION OF CODE.

      This code shall be printed and published in book form under the direction of the City Attorney. The City Clerk is
relieved from making any further publication thereof other than that the City Clerk shall call attention to the public of
the publication of this code and its availability by necessary publication in the city in two newspapers of opposite
political faith and in any other proper manner.
('60 Code, § 1-106; Code 1989, § 10.12)

State law reference: Publication of ordinances, IC 36-4-6-14(c).

§ 10.13 OFFICIAL COPIES.

      The City Clerk shall keep two copies of this code in book form, or in any other form that the City Clerk with the
advice of the City Attorney may consider sufficient, printed on paper sufficiently thick and tough to withstand heavy
usage. The City Clerk shall preserve all amendments and supplements to this code and all general ordinances hereafter
passed so that they may be inserted in their appropriate places in the code. The City Clerk shall show that sections of
this code have been repealed or modified in a manner that ready, efficient, and accurate reference may be made thereto.
In determining whether any ordinance hereafter adopted or any part thereof shall be a part of this code or be inserted,
held for, or made a part of the supplement, and in determining what shall be taken out or the form, title, chapter,
section, or numbers thereof, the City Clerk shall be guided by the advice of the City Attorney.
('60 Code, § 1-107; Code 1989, § 10.13)

§ 10.14 DISTRIBUTION.

     (A) After the publication of this code, the printed copies thereof, except those reserved by the City Attorney for
use in the Department of Law and for exchange and reciprocation of like courtesies of other cities by presenting to each
a copy of this code, shall be delivered to the City Controller, who shall deliver one copy to the Mayor, one copy to each
member of the Common Council, one copy to the head of each department of the city, and to any other persons in each
department for whom the head of the department makes requests, in writing, to the City Controller, and two copies to
the City Clerk. The City Attorney shall also distribute copies to the public libraries and public law libraries of the City.

     (B) All copies of this code remaining after this distribution shall be safely kept by the City Controller and shall be
sold by him to any that may call for them at any uniform reasonable price he shall determine, from time to time,
between $5 and $15. He shall sell cumulative supplements and later volumes at reasonable uniform prices and the
proceeds derived from the sale of copies of the code and for cumulative supplements and later volumes shall be
accounted for, as other receipts are required to be accounted for, by the City Controller. The remaining copies shall be
kept by him for further sale or municipal purposes.
                                                                                                                Page 5 of 17


('60 Code, § 1-108; Code 1989, § 10.14)

§ 10.15 CODE SUPPLEMENTS.


     The City Attorney, with the aid of the City Clerk, shall prepare and cause to be published whenever necessary, a
supplement containing all amendments, repeals, and new general ordinances adopted to the date of the published
supplement. The supplement shall be distributed in the same manner as the code. Each supplement shall be sold at a
price to be the determined by the City Controller and shall be proportionate to the cost of the original code.
('60 Code, § 1-109; Code 1989, § 10.15)

§ 10.16 SECTION NUMBERS TO BE MAINTAINED.

     (A) No officer or employee shall issue any book or pamphlet containing any section or portion of this code
numbered differently than as numbered in this code. No section number shall be changed by an officer or employee in
drafting any ordinance amending any section. ('60 Code, § 1-110)

       (B) All general ordinances hereafter enacted, which are additions to or which amend or repeal parts of this code,
shall follow the numbering system and general form in which this code is enacted. All titles, chapters, articles and
sections shall retain their present titles and designations until and except as may hereafter be changed. Whenever a new
title is to be added, it shall be given a new number.
('60 Code, § 1-112; Code 1989, § 10.16)

§ 10.17 SECTIONS SUBJECT TO PENALTY.

     (A) Reference to any section of this code shall be understood to refer to and include the penalty section relating
thereto, unless otherwise expressly provided. ('60 Code, § 1-116)

     (B) In case of the amendment of any section or part of this code containing provisions for which a penalty is
provided in another section, the penalty so provided in the other section shall be held and construed to relate to the
section so amended, whether the penalty is re-enacted in the amendatory ordinance or not, unless the penalty is
specifically repealed in the amendment.
('60 Code, § 1-117)

     (C) Where the same offense is made punishable by or is created by different sections or portions of this code, the
lesser penalty shall be held applicable; and not more than one recovery shall be had against the same person for the
same offense.
('60 Code, § 1-118; Code 1989, § 10.17)

§ 10.18 REPEAL OF REPEALING ORDINANCE.

     When any ordinance repealing a former ordinance, clause, or provision shall be itself repealed, the repeal shall not
be construed to revive the former ordinance, clause, or provision.
('60 Code, § 1-119; Code 1989, § 10.18)

§ 10.19 SEVERABILITY.

     If any chapter, article, division, section, subsection, paragraph, sentence, clause, or part of this code, or the
application thereof, shall be adjudged invalid, inoperative, or unconstitutional for any reason, that adjudication shall not
be deemed to affect or impair the remainder or other valid provisions of the code which shall be and remain in force.
('60 Code, § 1-120; Code 1989, § 10.19)


§ 10.20 EFFECTIVE DATE OF CODE.
                                                                                                                Page 6 of 17



     This code shall be in full force and effect two weeks after the date of publication and filing of the code thereof in
the office of the City Clerk.
('60 Code, § 1-121; Code 1989, § 10.20)

                                                 2
§ 10.21 PUBLICATION OF ORDINANCES.

     (A) every ordinance which imposes a penalty or forfeiture for the violation thereof; every ordinance which
pertains to regulation of traffic; every ordinance which pertains to zoning; and every ordinance which pertains to the
building code of this city and amendments thereto shall, before it takes effect, be published, once each week for two
consecutive weeks, in a newspaper of general circulation printed in this city. in the manner provided in IC 5-3-1.
However, in case of urgent necessity requiring the immediate operation of such an ordinance, it shall take effect as soon
as proclamation is made thereof by the Mayor and copies are posted in three public places in each of the common
council districts wards of the city.

     (B) All ordinances passed by the Common Council, requiring publication, shall take effect from and after the due
publication thereof in a newspaper of general circulation within the city, unless otherwise expressly provided.
Ordinances not requiring publication shall take effect from their passage, unless otherwise expressly provided.

     (C) This section does not apply to a zoning ordinance, an amendment to a zoning ordinance, a resolution
approving a comprehensive plan or an ordinance increasing a building permit fee on a new development.
('60 Code, § 1-122; Code 1989, § 10.21)
State law reference--Similar provisions, IC 36-4-6-14.

                                                 3
§ 10.22 RECORDATION OF ORDINANCES.
     All ordinances passed by the Common Council shall be recorded by the Clerk in a book of ordinances. The
original shall be filed in the Clerk's office and due proof of publication of all ordinances requiring publication by the
affidavit of the printer or publisher, shall be procured by the Clerk and attached thereto, written and attested thereto, or
written and attested upon the face of the ordinances.
('60 Code, § 1-123; Code 1989, § 10.22)

                                 4
§ 10.23 CITY BOUNDARIES

     The city limits are as follows.

     (A) Cline Avenue. Gary has none of Cline Avenue in its boundaries from a point 800 feet plus, north of 9th
         Avenue to the south at 9th Avenue. Gary has jurisdiction for all northbound traffic up to the south portion of
         the Calumet River. From this point on north, Gary has all of Cline Avenue.

     (B) 29th Avenue. Center line east to Colfax Street.

     (C) Colfax Street. Center line east to Ridge Road.

     (D) Ridge Road. Center line east to Grant Street.

     (E) Grant Street. Center line south to 47th Avenue; the west is in Lake County Sheriff jurisdiction.



2
  Legal Analysis: Code 1989, § 10.21. PUBLICATION OF ORDINANCES. Conformed to IC 36-4-6-14. This section will
        appear in chapter 2.
3
  Legal Analysis: Prior Code, § 10.22 RECORDATION OF ORDINANCES. This section will appear in chapter 2.
4
  Legal Analysis: Prior Code, § 10.23 CITY BOUNDARIES. Deleted. This may be accurate and will be subject to change
        due to annexations. City boundaries are saved from repeal in this chapter.
                                                                                                               Page 7 of 17


      (F) 47th Avenue. Center line east to Harrison Street.

      (G) Harrison Street. Center line south to 53rd Avenue.

      (H) 53rd Avenue. Center line of 53rd east to Mississippi Street.

      (I) Mississippi Street. Center line north to 35th Avenue.

       (J) 35th Avenue. Center line of 35th Avenue to 150 feet west of center line of Interstate Highway 65.

       (K) Interstate Highway 65. 150 feet west and parallel to center line of Interstate Highway 65 to center line of 29th
            Avenue.

      (L) 29th Avenue. Center line east to Colorado Street.

      (M) Colorado Street. Center line to north line of Tri-State Highway.

       (N) Tri-State Highway. North property line of Tri-State to center line of Clay Street.

      (O) Clay Street. Center line north to 15th Avenue.

      (P) 15th Avenue. Center line east to DeKalb Street.

      (Q) DeKalb Street. Center line north to Toll Road.

      (R) Toll Road. North property line east to Lake Street.

      (S) Lake Street. East side of Lake Street, north to Wabash Railroad.

      (T) Wabash Railroad. South side of right-of-way to County Line Road.

    (U) County Line Road. East side of road to Lake Michigan.
(Code 1989, § 10.23)

                                 5
§ 10.24 CORPORATE SEAL.

     (A) The City Clerk shall be custodian of the corporate seal and shall affix it to all documents and papers that are
required to bear the official seal of the city.
('60 Code, § 1-202)

     (B) It shall be unlawful for any person to forge, corrupt, or counterfeit the seal of the city; nor shall any person,
other than the duly authorized public official, make use of the seal.
('60 Code, § 1-203; Code 1989, § 10.24)

§ 10.25 CODE ADOPTION.

    (A) The general ordinances of the City of Gary, Indiana, as herein revised, amended, restated, codified and
compiled in book form are adopted as and shall constitute the "Code of Ordinances of the City of Gary, Indiana."

      (B) Said Code as adopted in subsection (A) of this section shall consist of the following titles:

       TITLE I      General Provisions


5
    Legal Analysis: Prior Code, § 10.24 CORPORATE SEAL. This section will be moved to chapter.
                                                                                                             Page 8 of 17


     TITLE III Administration
     TITLE V       Public Works and Uses
     TITLE VII Traffic Code
     TITLE IX      General Regulations
     TITLE XI Business Regulations
     TITLE XIII General Offenses
     TITLE XV Land Usage
     Table of Special Ordinances
     Parallel References
     Index

     (C) All prior ordinances pertaining to the subjects treated in said Code shall be deemed repealed from and after the
effective date of said Code except as they are included and reordained in whole or in part in said Code; provided such
repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory,
establishing franchises or granting special rights to certain persons, authorizing public improvements, authorizing the
issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or
accepting easements, plats or dedication of land to public use, naming or vacating or setting the boundaries of streets,
alleys or other public places, nor to any other ordinance of a temporary or special nature or pertaining to subjects not
contained therein.

     (D) Said Code shall be deemed published as of the date of its adoption and approval by the Mayor, and the Clerk
of the City of Gary is hereby authorized and ordered to file a copy of said Code in the Office of the Clerk.

     (E) Said Code shall be in full force and effect two (2) weeks from the date of its publication and filing thereof in
the Office of the Clerk and said Code shall be presumptive evidence in all courts and places of the ordinance and all
provisions, sections, penalties and regulations therein contained and of the date of passage, and that the same is
properly signed, attested, recorded and approved and that any public hearings and notices thereof as required by law
have been given.
(Code 1989, § 10.20; Ord. 5849, passed 9-21-82)

§ 10.99 GENERAL PENALTY.

Except as otherwise provided by state law, wherever in this Code, or in any ordinance of the city, or rule
or regulation promulgated by an officer or agency thereof under the authority invested by law or
ordinance, any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any
act is required, or the failure to do any act is declared to be unlawful or an offense, where no specific
penalty is provided therefore, the violation of any such provision of the Code, ordinance, rule or
regulation is hereby declared to be an offense and shall be punished by a fine not to exceed Two
Thousand Five Hundred Dollars ($2,500.00) for a first offense and a fine not to exceed Seven Thousand
Five Hundred Dollars ($7,500.00) for a second or subsequent offense, unless the violation is of an
ordinance that regulates traffic or parking. In such cases, the fine may not exceed the sum of Two
Thousand Five Hundred Dollars ($2,500.00).

Every day a violation of this Code or any such ordinance, rule or regulation shall continue shall
constitute a separate offense. In any prosecution based upon this section, it shall be necessary to allege
only the first day with respect to which any forfeiture is assessable, and upon conviction, the offender
shall be assessed for that day and each day subsequent thereto with respect to which it is proven and
found that the person did commit such violation.

('60 Code, § 1-199; Code 1989, § 10.99) (Ord. 4709, passed 10-6-72; Am. Ord. 5558, passed 8-10-79;
Am. Ord. 5650, passed 6-5-80; Am. Ord. 5971, passed 4-17-84) (Ord. No. 7940, § 1, 8-1-2006)

State law reference: Powers specifically withheld, IC 36-1-3-8(a)(10).
                                                                                     Page 9 of 17


Sec. 1-1. Designation and citation of Code.

The ordinances embraced in this and the following chapters shall constitute and be
designated the "Municipal Code of the City of Gary, Indiana" and may be so cited. It may
also be designated and cited as the "City of Gary, Code of Ordinances."
('60 Code, § 1-101; Code 1989, § 10.01)
State law reference--Codification of ordinances required, IC 36-1-5-3.

Sec. 1-2. Definitions and rules of construction.

      The following definitions and rules of construction shall apply to this Code and to all
ordinances and resolutions unless the context requires otherwise:

      Generally. When provisions conflict, the specific shall prevail over the general. All
provisions shall be liberally construed so that the intent of the common council may be
effectuated. Words and phrases shall be construed according to the common and
approved usage of the language, but technical words, technical phrases and words and
phrases that have acquired peculiar and appropriate meanings in law shall be construed
according to such meanings. This Code shall be interpreted and applied so as to be the
minimum requirements adopted for the promotion of the public health, safety, comfort,
convenience and general welfare.

      City. The term "city" means the City of Gary, Indiana.

      Code. The term "Code" means the Gary, Indiana, Code, as designated in section 1-1.

      Common council. The terms "common council" and "council" mean the common
council of the City of Gary, Indiana.

      Computation of time. In computing any period of time, 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 Saturday, Sunday, legal
holiday, or a day on which the city 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
neither a Saturday, Sunday, legal holiday nor a day on which the city office in which the act
is to be done is closed. When the period of time prescribed or allowed is less than seven
days, intermediate Saturdays, Sundays, legal holidays and days on which the city office is
closed shall be excluded from the computation.

      Conjunctions. In a provision involving two or more items, conditions, provisions or
events, which items, conditions, provisions or events are connected by the conjunction
                                                                                         Page 10 of 17


"and," "or" or "either . . . or," the conjunction shall be interpreted as follows, except that the
terms "and" and "or" may be interchangeable:

       (1)    "And" indicates that all the connected terms, conditions, provisions or events
              apply.

       (2)    "Or" indicates that the connected terms, conditions, provisions or events apply
              singly or in any combination.

       (3)    "Either . . . or" indicates that the connected terms, conditions, provisions or
              events apply singly but not in combination.

       County. The term "county" means Lake County, Indiana.

       Delegation of authority. A provision that authorizes or requires a city officer or city
employee to perform an act or make a decision authorizes such officer or employee to act
or make a decision through subordinates.

       Gender. Words of one gender include all other genders.

       IC, state acts. The abbreviation "IC" refers to the Indiana Code, as amended.
References to a state act by title is to such act as amended.

       Includes. The term "includes" does not limit a term to a specified example.

       Joint authority. Words giving a joint authority to three or more persons give such
authority to a majority of such persons.

       May. The term "may" is to be construed as being permissive and not mandatory.

       May not. The term "may not" states a prohibition and has a prohibitory effect.

       Month. The term "month" means a calendar month.

       Number. Words in the singular include the plural. Words in the plural include the
singular.

       Oath. A solemn affirmation is the equivalent to an oath and a person shall be
deemed to have sworn if such person makes such an affirmation.
                                                                                    Page 11 of 17


      Officers, departments, etc. References to officers, departments, boards, commissions
or employees are to city officers, city departments, city boards, city commissions and city
employees.

      Owner. The term "owner," as applied to property, includes any part owner, joint
owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of
the whole or part of such property.

      Person. The term "person" means any human being, any governmental or political
subdivision or public agency, any public or private corporation, any partnership, any firm,
association or other organization, any receiver, trustee, assignee, agent, or other legal
representative of any of the foregoing, or any other legal entity.

      Personal property. The term "personal property" means any property other than real
property.

      Premises. The term "premises," as applied to real property, includes land and
structures.

      Property. The term "property" includes real property, personal property and mixed
property.

      Public place. The term "public place" includes any street, sidewalk, park, cemetery,
schoolyard, body of water or watercourse, public conveyance, or any place for the sale of
merchandise, public accommodation or amusement.

      Real property. The term "real property" includes lands, tenements and
hereditaments.

      Shall. The term "shall" is to be construed as being mandatory.

      Sidewalk. The term "sidewalk" means that portion of the street between the curbline
and the adjacent property line intended for the use of pedestrians.

      Signature or subscription by mark. The terms "signature" and subscription" include a
mark when the signer or subscriber cannot write. In such situations, such person's name
shall be written near the mark by a witness who writes his own name near such person's
name.

      State. The term "state" means the State of Indiana.
                                                                                    Page 12 of 17


      Street. The term street" includes any alley, avenue, boulevard, lane, road, highway,
viaduct or other public thoroughfare.

      Tenant and occupant. The terms "tenant" and "occupant," as applied to premises,
include any person holding a written or oral lease, or who actually occupies the whole or
any part of such premises, alone or with others.

      Tense. The present tense includes the past and future tenses. The future tense
includes the present tense.

      Week. The term "week" means a period of seven consecutive days.

      Writing. The term "writing" includes any form of recorded message capable of
comprehension by ordinary visual means.

      Year. The term "year" means a calendar year.
('60 Code, §§ 1-114, 1-115; Code 1989, §§ 10.04, 10.04, 10.07)
State law reference--Similar rules of statutory construction, IC 1-1-4-1 et seq.

Sec. 1-3. Catchlines of sections; history notes; references.

      (a)    The catchlines of the several sections of this Code printed in boldface type are
intended as mere catchwords to indicate the contents of the section and are not titles of
such sections, or of any part of the section, nor unless expressly so provided shall they be
so deemed when any such section, including the catchline, is amended or reenacted.

       (b) A history note appearing in parentheses after a section in this Code indicates
the legislative history and is a declaration by the common council that the section to which
the history note applies is a restatement or reenactment of an original ordinance or
amendment thereof. Cross references, editor's notes and state law references that appear in
this Code after sections or subsections or that otherwise appear in footnote form are
provided for the convenience of the user of the Code and have no legal effect.

       (c)    Unless specified otherwise, all references to chapters or sections are to
chapters or sections of this Code.
(Code 1980, §§ 10.01, 10.02, 10.07, 10.08)
State law reference--Effect of declaration of restatement or reenactment, IC 35-1-5-6.

Sec. 1-4. Effect of repeal of ordinances.

       (a)   Unless specifically provided otherwise, the repeal of an ordinance does not
revive any previously repealed ordinance.
                                                                                      Page 13 of 17




       (b) The repeal or amendment of an ordinance does not affect any punishment or
penalty incurred before the repeal took effect, nor does such repeal or amendment affect
any suit, prosecution or proceeding pending at the time of the amendment or repeal.
 ('60 Code, § 1-119; Code 1989, § 10.18)

Sec. 1-5. Amendments to Code; effect of new ordinances; amendatory language.

       (a) All ordinances adopted subsequent to the adoption of this Code that amend,
repeal or in any way affect this Code may be numbered in accordance with the numbering
system of the Code and printed for inclusion in the Code.

      (b) Amendments to provisions of this Code may be made with the following
language: "Section (chapter, article, division or subdivision, as appropriate) of the Gary,
Indiana, Code is hereby amended to read as follows: . . . ."

         (c)  If a new section, subdivision, division, article or chapter is to be added to the
Code, the following language may be used: "Section (chapter, article, division or
subdivision, as appropriate) of the Gary, Indiana, Code is hereby created to read as follows:
. . . ."

      (d) All provisions desired to repealed should be repealed specifically by section,
subdivision, division, article or chapter number, as appropriate, or by setting out the
repealed provisions in full in the repealing ordinance.
('60 Code, § 1-109; Code 1989, § 10.15)

Sec. 1-6. Supplementation of Code.

       (a)     Supplements to this Code shall be prepared and printed whenever authorized
or directed by the city. A supplement to this Code shall include all substantive permanent
and general parts of ordinances adopted during the period covered by the supplement and
all changes made thereby in the Code. The pages of the supplement shall be so numbered
that they will fit properly into the Code and will, where necessary, replace pages that have
become obsolete or partially obsolete. The new pages shall be so prepared that, when they
have been inserted, the Code will be current through the date of the adoption of the latest
ordinance included in the supplement.

       (b) In preparing a supplement to this Code, all portions of the Code that have
been repealed shall be excluded from the Code by the omission thereof from reprinted
pages.
                                                                                        Page 14 of 17


      (c)    When preparing a supplement to this Code, the person authorized to prepare
the supplement may make formal, nonsubstantive changes in ordinances and parts of
ordinances included in the supplement, insofar as necessary to do so in order to embody
them into a unified code. For example, the person may:

      (1)    Arrange the material into appropriate organizational units.

      (2)    Supply appropriate catchlines, headings and titles for chapters, articles,
             divisions, subdivisions and sections to be included in the Code and make
             changes in any such catchlines, headings and titles or in any such catchlines,
             headings and titles already in the Code.

      (3)    Assign appropriate numbers to chapters, articles, divisions, subdivisions and
             sections to be added to the Code.

      (4)    Where necessary to accommodate new material, change existing numbers
             assigned to chapters, articles, divisions, subdivisions or sections.

      (5)    Change the words "this ordinance" or similar words to "this chapter," "this
             article," "this division," "this subdivision," "this section" or "sections _________
             to _________" (inserting section numbers to indicate the sections of the
             Code that embody the substantive sections of the ordinance incorporated in
             the Code).

      (6)    Make other nonsubstantive changes necessary to preserve the original
             meaning of the ordinances inserted in the Code.
('60 Code, § 1-109; Code 1989, § 10.15)

Sec. 1-7. General penalty; continuing violations.

      (a)    In this section, "violation of this Code" means any of the following:

      (1)    Doing an act that is prohibited or made or declared unlawful, an offense, a
             violation or a misdemeanor by ordinance or by rule or regulation authorized
             by ordinance.

       (2)   Failure to perform an act that is required to be performed by ordinance or
             by rule or regulation authorized by ordinance.

       (3)   Failure to perform an act if the failure is prohibited or is made or declared
             unlawful, an offense, a violation or a misdemeanor by ordinance or by rule
             or regulation authorized by ordinance.
                                                                                          Page 15 of 17




       (b)      In this section, "violation of this Code" does not include the failure of a city
officer or city employee to perform an official duty unless it is specifically provided that the
failure to perform the duty is to be punished as provided in this section.

       (c)    Except as otherwise provided by law or ordinance:

       (1)    A person convicted of a violation of this Code shall be punished by a fine of
              not more than $2,500.00 for a first offense and a fine not to exceed $7,500.00
              for a second or subsequent offense, unless the violation is of an ordinance that
              regulates traffic or parking. In such cases, the fine may not exceed the sum of
              $2,500.00.

       (2)    With respect to violations of this Code that are continuous with respect to
              time, each day that the violation continues is a separate offense.

       (3)    With respect to violations of this Code that are not continuous with respect to
              time, each violation is a separate offense.

       (d) The imposition of a penalty does not prevent suspension or revocation of a
license, permit or franchise or other administrative sanctions.

      (e)    Violations of this Code that are continuous with respect to time are a public
nuisance and may be abated by injunctive or other equitable relief. The imposition of a
penalty does not prevent injunctive relief.
('60 Code, §§ 1-118, 1-199; Code 1989, §§ 10.17, 10.99; Ord. 4709, passed 10-6-72; Am. Ord. 5558,
passed 8-10-79; Am. Ord. 5650, passed 6-5-80; Am. Ord. 5971, passed 4-17-84) (Ord. No. 7940, § 1, 8-
1-2006)
State law reference-Limitations on penalties, IC 36-1-3-8(9), 36-1-3-8(10); enforcement of
ordinances, IC 36-1-6-1 et seq.

Sec. 1-8. Severability.

        The sections, subsections, paragraphs, sentences, clauses and phrases of this Code
and all provisions adopted by reference in this Code are severable so that, if any section,
subsection, paragraph, sentence, clause and phrase of this Code or of any provision
adopted by reference in this Code is declared unconstitutional or invalid by a valid
judgment of a court of competent jurisdiction, such judgment shall not affect the validity of
any other section, subsection, paragraph, sentence, clause and phrase of this Code or of
any provision adopted by reference in this Code, for the council declares that it is its intent
that it would have enacted this Code and all provisions adopted by reference in this Code
without such invalid or unconstitutional provisions.
                                                                                     Page 16 of 17


('60 Code, § 1-120; Code 1989, § 10.19)

Sec. 1-9. Provisions deemed continuation of existing ordinances.

       The provisions of this Code, insofar as they are substantially the same as legislation
previously adopted by the city relating to the same subject matter, shall be construed as
restatements and continuations thereof and not as new enactments.
('60 Code, § 1-102; Code 1989, § 10.02)

Sec. 1-10. Code does not affect prior offenses or rights.

       (a)   Nothing in this Code or the ordinance adopting this Code affects any offense
or act committed or done, any penalty or forfeiture incurred, or any contract or right
established before the effective date of this Code.

       (b) The adoption of this Code does not authorize any use or the continuation of
any use of a structure or premises in violation of any city ordinance on the effective date of
this Code.
('60 Code, § 1-103; Code 1989, § 10.09)

Sec. 1-11. Certain ordinances not affected by Code.

       (a)   Nothing in this Code or the ordinance adopting this Code affects the validity
of any ordinance or portion of an ordinance:

      (1)    Annexing property into the city or describing the corporate.

      (2)    Deannexing property or excluding property from the city.

      (3)    Promising or guaranteeing the payment of money or authorizing the issuance
             of bonds or other instruments of indebtedness.

      (4)    Authorizing or approving any contract, deed or agreement.

      (5)    Making or approving any appropriation or budget.

      (6)     Granting any right or franchise.

      (7)    Providing for salaries or other officer or employee benefits not codified in this
             Code.

      (8)    Adopting or amending the comprehensive plan.
                                                                                  Page 17 of 17




      (9)    Levying or imposing any special assessment.

      (10) Dedicating, accepting or vacating any plat or subdivision.

      (11) Dedicating, establishing, naming, locating, relocating, opening, paving,
           widening, repairing or vacating any street.

      (12) Establishing the grade of any street or sidewalk.

      (13) Levying, imposing or otherwise relating to taxes not codified in this Code.

      (14) Amending the zoning map or zoning atlas, or rezoning specific property.

      (15) That is temporary, although general in effect.

      (16) That is special, although permanent in effect.

      (17) The purpose of which has been accomplished.

       (b) The ordinances designated in subsection (a) of this section continue in full
force and effect to the same extent as if published at length in this Code.
(Code 1989, § 10.10)

								
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