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Whenever the following words or terms are used in this code, they shall have such meanings herein ascribed to them, unless the context makes such meaning repugnant thereto:
AGENT: A person acting on behalf of another with authority conferred, either expressly or by implication.
CITY: The city of Mitchell, Davison County, South Dakota.
CITY COUNCIL: Whenever the words "city council" or "council" are used in this code, they shall be construed to mean the city council of the city of Mitchell.
CODE: The municipal code of the city of Mitchell.
COUNTY: The county of Davison.
DAY: A "day" is a period of time between any midnight and the midnight following.
DAYTIME, NIGHTTIME: "Daytime" is the period of time between sunrise and sunset; "nighttime" is the period between sunset and sunrise.
FEE: A sum of money charged by the city for the carrying on of a business, profession or occupation.
FISCAL YEAR: The fiscal year of the city shall commence on January 1 of each year 1 .
HIGHWAYS OR ROADS: Includes the whole of all public ways, roads, alleys, courts and streets and sidewalks between the property lines forming the exterior lateral boundaries thereof, and those parts of public squares and places which form traveled parts of highways or roads.
LICENSE: The permission granted for the carrying on of a business, profession or occupation.
MONTH: A calendar month.
NUISANCE: Anything offensive to the sensibilities of reasonable persons, or any act or activity creating a hazard which threatens the health and welfare of inhabitants of the city, or any activity which by its perpetuation can reasonably be said to have a detrimental effect on the property of a person or persons within the community 2 .
OATH: Includes affirmation.
OCCUPANT: As applied to a building or land, shall include any person who occupies the whole or any part of such building or land whether alone or with others.
OFFENSE: Any act forbidden by any provision of this code or the omission of any act required by the provisions of this code.
OFFICIAL TIME: Whenever certain hours are named herein they shall mean central standard time or daylight saving time as may be in current use in the city.
OPERATOR: The person who is in charge of any operation, business or profession.
OWNER: As applied to a building or land, shall include any part owner, joint owner, tenant in common, joint tenant or lessee of the whole or a part of such building or land.
PERSON: Any public or private corporation, firm, partnership, association, organization, government or any other group acting as a unit, as well as a natural person.
PERSONAL PROPERTY: Shall include every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right or interest therein.
PRECEDING, FOLLOWING: The words "preceding" and "following" mean next before and next after, respectively.
PROCESS: Includes a writ or summons issued in the course of judicial proceedings.
PROPERTY: Shall include real and personal property.
REAL PROPERTY: Shall include lands, tenements and hereditaments.
RETAILER: Unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things direct to the consumer.
RIGHT OF WAY: The privilege of the immediate use of the roadway or other property.
SIGNATURE OR SUBSCRIPTION BY MARK: Includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name.
STATE: The state of South Dakota.
STREET: Shall include alleys, lanes, courts, boulevards, public ways, public squares, public places and sidewalks.
TENANT OR OCCUPANT: Applied to a building or land, shall include any person holding a written or an oral lease of or who occupies the whole or a part of such building or land, either alone or with others.
WEEK: A week consists of seven (7) consecutive days.
WHOLESALER: The term "wholesaler" and "wholesale dealer" as used in this code, unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things to persons who purchase for the purpose of resale.
WRITTEN, IN WRITING: May include printing and any other mode of representing words and letters, but when the written signature of any person is required by law to any official or public writing or bond, it shall be in the proper handwriting of such person, or in case he is unable to write, by his proper mark.
YEAR: A calendar year except where otherwise provided. (1984 Code §§ 1-2, 12-1; amd. 2005 Code)
1. SDCL § 9-21-1.
1. SDCL § 21-10-1 et seq.