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For the purpose of this code of ordinances, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ARSD. Administrative Rules of South Dakota.
CITY. The city of Burke, South Dakota.
COMPUTATION OF TIME. The time in which any act provided by this code or other ordinance is to be done is computed by excluding the first day and including the last, unless the last is a holiday and then it also is excluded. Fractions of a day are to be disregarded in computations which include more than one day, and involve no questions of priority.
CURB. Applies to the curb on such streets as are fitted with curbs, and on such streets as are not fitted, it is the outside edge of the parking, as defined by ordinances.
COUNTY. The County of Gregory, South Dakota.
ELECTOR(S) or QUALIFIED ELECTOR(S). Voter(s).
FOOD. Includes milk and dairy.
GOVERNING BODY. The City Council of the City of Burke.
LOT. Includes PARCEL or TRACT OF LAND.
MAY. A permissive term allowing the actor discretion as to wether of not he or she will undertake to either perform or refrain from doing an act.
MONTH. A calendar month.
MUNICIPALITY or MUNICIPAL CORPORATION or CITY. The City of Burke, South Dakota.
NUMBER. Words used in the singular number include the plural and the plural of the singular, except where a contrary intention plainly appears.
ORDINANCE. A permanent legislative act within the limits of its powers of the governing body of a municipality.
OWNER. As used in this code relating to local improvements, the grantee in the last deed of conveyance of any lot or parcel of land recorded in the office of the Register of Deeds of the county or counties in which the municipality is located, or his or her heirs or successors.
PERSON. Any natural person or persons, non-profit or for-profit business, venture, firm, corporation, or any other legal entity.
POLICE. Any law enforcement official required by law to enforce state statutes and local ordinances.
PUBLICATION. Any requirement for publication shall mean publication in the official newspaper of the municipality concerned or affected, if any; but if none, then, in a legal newspaper published in such municipality, if any; but if none, then, in any legal newspaper which serves such municipality, except as provided by SDCL § 9-13-13. Personal service either within or without the state upon the person affected thereby by delivery of a copy of a notice required to be published shall be equivalent to the required PUBLICATION.
RESOLUTION. Any determination that, decision, or direction of the governing body of a municipality of a temporary or special character, for the purpose of initiating, effecting, or carrying out its administrative duties and functions.
SDCL. South Dakota Codified Laws.
SECTION. A particular part of this municipal code.
SHALL. A mandatory term requiring any act to be performed or to refrain from performing an act.
SIDE OF A STREET.
(1) LEFT-HAND SIDE OF A STREET. The side of the street as the left-hand side of the street of the driver of the vehicle, when seated in the proper position to drive, use, or operate the vehicle.
(2) RIGHT-HAND SIDE OF A STREET. The side of the street as the right-hand side of the street of the driver of the vehicle, when seated in the proper position to drive, use, or operate the vehicle.
STATE. The State of South Dakota.
STREET. STREET includes ALLEY, AVENUE, and THOROUGHFARES whenever it is used in the general sense.
VEHICLE. Any conveyance, cycle, or motorcycle, except road rollers, fire wagons and engines, police patrol wagons, and ambulances, intended for the use on the streets and thoroughfares, and shall include equestrians and led and driven horses.
YEAR. A calendar year.
(Prior Code, § 5-1-1)
Statutory reference:
Related provisions, see SDCL § 9-1-1
Whenever in one section reference is made to another section hereof, that 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.
Reference to a public office or officer shall be deemed to apply to any office, officer, or employee of this local government 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.
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; 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 the intent, the spelling shall be corrected and the 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 the error.
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.
(A) No suit, proceedings, right, fine, forfeiture, or penalty instituted, created, given, secured, or accrued under any ordinance previous to its repeal shall in any way be affected, released, or discharged, but may be prosecuted, enjoined, and recovered as fully as if the ordinance had continued in force, unless it is otherwise expressly provided.
(B) 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, unless it is expressly provided.
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