(A) Whenever in this section, or in any ordinance of the city, an act is prohibited, or is made or declared to be unlawful, an offense, or a misdemeanor, or whenever in such revision or ordinance, the doing of any act is required, or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of this section, or any such ordinance, shall be punishable by a fine not to exceed $100, provided that no penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state. Each day, or fractional part thereof, any violation of this section or of any ordinance shall continue shall constitute a separate offense.
(B) In all actions for the violation of an ordinance, the first process shall be a summons; provided, however that a warrant for the arrest of the offender may issue in the first instance upon the affidavit of any person that any such ordinance has been violated, and that the person making complaint has reasonable grounds to believe that the party charged is guilty thereof; and any person arrested upon any such warrant shall, without any unnecessary delay, be taken before the proper officer to be tried for the alleged offense. Any person upon whom any fine or penalty shall be imposed may, upon order of the court before whom the conviction is had, be committed to the county jail, city prison, house of correction, or other place provided by the city for the incarceration of offenders, until such fine, penalty, and costs shall be fully paid; provided that no such imprisonment shall exceed three months for any one offense.
(C) The City Council shall have power to provide, by ordinance, that every person so committed shall be required to work for the corporation at such labor as his or her strength will permit, not exceeding ten hours each working day, and for such work, the person so employed to be allowed, exclusive of his or her board, $1.25 for each day’s work, on account of such fine and costs.
(D) The Police Justice shall have exclusive jurisdiction in all cases arising under the provisions of divisions (B) and (C) above, or any ordinance passed in pursuance thereof.
(E) Any constable or sheriff in the county may serve any process or make any arrest authorized to be made by any city officer.
(F) If the City Treasurer shall fail to register any warrant in the order of its presentation, where presented thereof as herein provided, or shall fail to notify the holder thereof, as provided in § 10.16, he or she shall be liable on his or her official bond to each and every person the payment of whose warrant is thereby delayed, in the sum of $50 to be recovered in a civil action.
(Ord. 14, passed 8-11-1892; Ord. 25, passed 9-16-1893; Ord. 55, passed 5-22-1901)
Statutory reference:
Related provisions, see SDLC § 9-19-3