Chapter 10  General Provisions

Section

            10.01  Short Title

            10.02  Repeal of Prior Ordinances

            10.03  Effect of Repeal

            10.04  Construction of Code

            10.05 Preservation of Penalties, Offenses, Rights & Liabilities

            10.06  Limitation Periods

            10.07  Severability

            10.08  Effective Date

            10.09  Recodification

10.01  Short Title

This Ordinance is the Fairmount Town code of 1995.  It shall be cited as “Fairmount Town Code {x-x-x-x}”.

10.02  Repeal of Prior Ordinances

All general ordinances adopted prior to the date of adoption of the Fairmount Town Code are hereby repealed.

10.03  Effect of Repeal

No ordinance, resolution, or order declared impliedly repeated, unconstitutional or otherwise invalid by a court of competent jurisdiction shall be deemed validated by its inclusion in this Code, to the extent of its conflict with that determination. 

10.04  Construction of Code

( a )  This Code is a codification of previously existing ordinances, orders and resolutions, amendments, and newly enacted ordinances.  Any previously existing ordinance, order or resolution or amendment thereto adopted by this Code shall continue in operation and effect, as if it had not been repealed by this Code.  All rules and regulations adopted under any ordinance, order or resolution in this Code shall remain in full force and effect unless repealed or amended subsequent to the adoption of this Code.

( b )  Any appropriation repealed and adopted by this Code is continued only for the period designated in the original enactment of the appropriation.

( c )  The numerical order and position of sections in this Code does not resolve a conflict between two (2) or more sections.

( d )  Any irreconcilable conflict between sections shall be resolved by reference to the dates that the sections were originally adopted.  The section most recently adopted supersedes any conflicting section or subsection.

( e )  All references within a section of this code to any section of previously existing laws refer to the number in the original ordinance, order or resolution.

( f )  All references within a section of this Code to any section of any previously existing ordinance, order or resolution refer to the new Code numbers assigned to that ordinance, order or resolution.

( g )  Headings and Prefixes:

(1)  The numerical prefixes assigned to the various titles, articles, chapters and sections of this Code, as originally adopted or as added by amendment, are an integral part of this Code and may be altered only by specific amendment.

(2)  The descriptive headings assigned to the various articles and chapters of this Code, as originally adopted, or as added by amendment, are not law, and may be altered by the compilers of this or any subsequent codification, in any official publication, to more clearly indicate its content.  These descriptive headings are for organizational purposes only, and do not affect the meaning, application, or construction of the law they precede.

(3)  Each note following a section of this Code is for reference purposes only, and is not a part of the section.

( h )  All references to any section of this Code refer to all subsequent amendments to that section, unless otherwise provided.

10.05  Preservation of Penalties, Offenses, Rights & Liabilities

All offenses committed under ordinances in force prior to the effective date of this Code shall be prosecuted and remain punishable under those ordinances.  This Code does not affect any rights or liabilities accrued, penalties incurred, or proceeding begun prior to the effective  date of this Code.  The liabilities, proceedings and forfeitures shall be enforced and imposed as if this Code had not been adopted.  In particular, any contract, any ordinance establishing the grade of any street or sidewalk, the approval or vacation of subdivision plats or replats, the renumbering of lots, the establishment of any Town Fund, the adoption of any ordinance establishing a county option tax, the adoption of any ordinance establishing a county option tax, the adoption of any memorial resolution, the acceptance, establishment or vacation of any Town highway, ditch or navigable waterway, the incorporation of any municipally-owned corporation, the designation of any economic revitalization area, any resolution electing to participate in the Public Employees’ Retire Fund, the approval of any annexation to or disannexation from any town, the declaration of a emergency permitting necessary purchases or repairs, and the approval of any change of name for any Town street  or bridge, shall remain valid in all respects, as if this Code had not been adopted.

10.06  Limitation Periods 

The running of any period of limitations or any requirement of notice contained in any law, whether applicable to civil causes or  proceedings, or to the prosecution of offenses, or for the recovery of penalties and forfeitures, contained in any ordinance, order or resolution repealed and adopted by this Code shall not be proceedings, and prosecutions for causes arising or acts committed prior to the effective date of this Code may be commenced and prosecuted with the same effect as if this Code has not been adopted.

10.07  Severability

(a)  If any section of this Code now adopted or subsequently amended or its application to any person or circumstance is held invalid, the invalidity does not affect other sections that can be given effect without the invalid section or application.

(b)  Except in the case of a section or amendment to this Code containing a non-severability provision, each subsection or part of every section is severable.  If any portion or application of a section is held invalid, the invalidity does not affect the remainder of the section unless:

(1)  The remainder is so essentially and inseparable connected with and so dependent upon the invalid provision or application that it cannot be presumed that the remainder would heave been adopted without the invalid provision or application; or

(2)  The remainder is incomplete and incapable of being executed in accordance with the legislative intent without the invalid provision or application.

(3)  This section applies to every section of this Code regardless of whether a section was adopted concurrently with or following the adoption of this Code.

10.8  Effective Date

     This code taxes effect immediately upon its passage and required publication.  The application of section may be delayed by its terms. 

10.9  Recodification of Town Code 

( a )  Indiana code section 36-1-5-1 et sequel requires that the Town of Fairmount collect, revise, arrange and codify all general ordinance adopted by the Town.

( b ) A search of the minutes of the council of  Trustees has produced all existing general ordinances.

( c )  The Council examined the proposed Fairmount Town Code and has made it available to all office holders and employees of Town Government and to all citizens of the Town so that any interested person might proposed revisions or corrections to this draft.  All revisions and corrections acceptable to the Council have been made.

( e )  The Fairmount Town Code is hereby adopted and is incorporated by reference into this Ordinance.  Two (2) copies of the Town Code are on file in the office of the Fairmount Clerk-Treasurer and are available for public inspection.

(f)  All general ordinances adopted prior to the adoption date of the Fairmount Town Code are hereby repealed, except to the extent that their provisions are preserved under Chapter 10.5 of the Code.  In particular, all orders, resolutions, ordinances and  other measures not included within the Recodification are hereby repealed.

( g ) this ordinance shall enter into effect on May 1, 1995.  Adopted May 24, 1995.

Ordinance #5-1995; adopted 4/24/95; in effect 5/1/95