Adopting Ordinance
ORDINANCE #1001-10
AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE CITY OF LEAD, SOUTH DAKOTA; REVISING, AMENDING, RESTATING, CODIFYING AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE CITY DEALING WITH SUBJECTS EMBRACED IN SUCH CODE OF ORDINANCES.
WHEREAS, the present general and permanent ordinances of the City of Lead are inadequately arranged and classified and are insufficient in form and substance for the complete preservation of the public peace, health, safety and general welfare of the municipality and for the proper conduct of its affairs; and
WHEREAS, the Acts of the Legislature of the State of South Dakota empower and authorize the City of Lead to revise, amend, restate, codify and compile any existing ordinances and all new ordinances not heretofore adopted or published and to incorporate such ordinances into one ordinance in book form; and
WHEREAS, the City Commission of the City of Lead has authorized a general compilation, revision and codification of the ordinances of the City of Lead of a general and permanent nature and publication of such ordinance in book form;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LEAD:
Section 1.   The general ordinances of the City of Lead as revised, amended, restated, codified, and compiled in book form are hereby adopted as and shall constitute the “Code of Ordinances of the City of Lead.”
Section 2.   Such Code of Ordinances as adopted in Section 1 shall consist of the following Titles:
TITLE I   GENERAL PROVISIONS
TITLE III   ADMINISTRATION
TITLE V   PUBLIC WORKS
TITLE VII   TRAFFIC CODE
TITLE IX   GENERAL REGULATIONS
TITLE XI   BUSINESS REGULATIONS
TITLE XIII   GENERAL OFFENSES
TITLE XV   LAND USAGE
Section 3.   All prior ordinances pertaining to the subjects treated in such Code of Ordinances shall be deemed repealed from and after the effective date of this ordinance except as they are included and reordained in whole or in part in such Code; provided, such repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this ordinance, nor shall 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, plat or dedication of land to public use, vacating or setting the boundaries of streets or other public places; nor shall such repeal affect any other ordinance of a temporary or special nature or pertaining to subjects not contained in or covered by the Code of Ordinances.
Section 4.   Such Code of Ordinances shall be deemed published as of the day of its adoption and approval by the City Commission of the City of Lead.
Section 5.   Such Code of Ordinances 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.
Those voting aye:
Those voting nay:
Motion carried.
Dated this 18th Day of October, 2010
________________________________________
Tom Nelson
City of Lead, Mayor
ATTEST:
________________________________________
Mike Stahl
City of Lead, Administrator
(Seal)
First Reading:      October 18, 2010
Second Reading:   November 1, 2010