(A) When not inconsistent with the context, words used in the present tense include the future and words in the singular number include the plural number. The word SHALL is mandatory.
(B) For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. Any person making written application to the Director of Public Works or his or her designee for an excavation permit hereunder.
CITY. The City of Fort Pierre.
CITY COUNCIL or COUNCIL. The City Council of the City of Fort Pierre.
EXCAVATION WORK. The excavation and other work permitted under an excavation permit and required to be performed under this subchapter.
LICENSE.
(a) Written permission from one landowner to an adjoining property owner to enter upon such person’s land for the purpose of taking appropriate protective measures to ensure that no injury to any adjoining property occurs as a result of any excavation work as defined in this subchapter.
(b) If such LICENSE is not obtainable from the adjoining property owner in a situation of immediate public emergency representing a threat to public health and safety, the person performing such excavation work may obtain a LICENSE from the Director of Public Works or his or her designee, which LICENSE shall authorize him or her to enter the private premises solely for the purpose of making the property safe.
PERMITTEE. Any person who has been granted and has in full force and effect an excavation permit issued hereunder.
PERSON. Any person, firm, partnership, association, corporation, company or organization of any kind.
STREET. Any street, highway, sidewalk, alley, avenue or other public way or public grounds in the city.
(Prior Code, § K-5-1)
Statutory reference:
Related provisions, see SDCL §§ 9-30-1 and 9-45-1