CHAPTER 10: GENERAL PROVISIONS
Section
   10.01   Title of code
   10.02   Establishing general rules of construction
   10.03   Definitions
   10.04   Officers and employees
   10.05   Separability; general provision
   10.06   Continuance of right and obligations
   10.07   Catchlines of sections
   10.08   Vested rights
   10.09   Franchises
   10.10   Bonds
   10.11   Appropriations
   10.12   Streets
   10.13   Repeal
 
   10.99   General penalty
§ 10.01 TITLE OF CODE.
   All ordinances of a permanent and general nature, as revised, codified, rearranged, renumbered and consolidated into component codes, titles, chapters and sections, shall be known and designated as the “City of Plankinton Code” for which designation “code of ordinances” or “codified ordinances” may be substituted. Code title, chapter and section headings do not constitute any part of the law as contained in the code.
§ 10.02 ESTABLISHING GENERAL RULES OF CONSTRUCTION.
   (A)   Generally. Any reference to the number of any section contained herein shall be understood to refer to the position of the same under its appropriate chapter heading, its subchapter heading, if any, and to the penalty clause relating thereto, as well as to the section itself, when reference is made in this code by title in any legal document or ordinance of the city.
   (B)   Construing of words. Whenever any word in any section of this code importing the plural number is used, in describing or referring to any matters, parties or persons, any single matter, party or person shall be deemed to be included, although distributive words may not have been used. When any subject matter, party or person is referred to in this code by words importing the singular number only, or the masculine gender, several matters, parties or persons, and females as well as males and bodies corporate shall be deemed to be included. The words “persons, firm or corporation” shall be deemed to include any association or organization of any kind. Words in the present shall include the future. The words, “this code” shall be held and taken to mean the entire code of ordinances, including each and every section thereof. The word “city” whenever used in this code shall be held and taken to mean the City of Plankinton, South Dakota. The word “Mayor” whenever used in this code shall be held to mean the Mayor of the City of Plankinton, South Dakota. The words “written” and “in writing” may include printing; provided, that these rules of construction shall not be applied to any section of this code which contains any express provisions excluding such construction or where the subject matter or content of such section may be repugnant thereto.
   (C)   Variation in grammatical construction and terminology. No variation in punctuation, either formal or informal, consistent or not, shall affect the validity of this code; nor shall obvious or apparent defects in spelling or typography be construed as to invalidate any portion hereof; so long as the purpose and intent of such section is clear.
(Prior Code, § 17-1-1)
§ 10.03 DEFINITIONS.
   For the purpose of this code of ordinances, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CITY. The City of Plankinton, South Dakota.
   CITY COUNCIL. The City Council of the City of Plankinton, 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.
   COUNTY. The County of Aurora, State of South Dakota.
(SDCL § 9-1-1)
   ELECTOR(S) or QUALIFIED ELECTOR(S). Voter(s).
(SDCL § 9-1-1)
   GOVERNING BODY. The board of trustees, the board of commissioners or the common council, as the case may be, of a municipality concerned or affected.
(SDCL § 9-1-1)
   LOT. Includes PARCEL or TRACT OF LAND.
(SDCL § 9-1-1)
   MONTH. A calendar month.
   ORDINANCE. A permanent legislative act within the limits of its powers of the governing body of a municipality.
(SDCL § 9-19-1)
   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.
(SDCL § 9-1-1)
   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.
(SDCL § 9-1-1)
   RESOLUTION. Any determination, 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 § 9-19-1)
   SDCL. South Dakota Codified Laws.
   STREET. Includes AVENUE.
(SDCL § 9-1-1)
   YEAR. A calendar year.
§ 10.04 OFFICERS AND EMPLOYEES.
   (A)   Whenever reference is made in this code to a city officer or employee by title only, this shall be construed as though followed by the words “of the City of Plankinton”, and shall be taken to mean the officer or employee of this city having the title mentioned or performing the duties indicated.
   (B)   No provision of this code designating the duties of any officer or employee liable for any fine or penalty provided in this code for a failure to perform such duty, unless the intention of the Council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty.
(Prior Code, § 17-1-3)
§ 10.05 SEPARABILITY; GENERAL PROVISION.
   Notwithstanding any other evidence of intent, it is hereby declared to be the controlling intent of the governing body of the city that if any provisions of this code of ordinances, or the application thereof to any persons or circumstances, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this code, title or chapter or its applications to other persons and circumstances, but shall be confined in its operation to the provisions of the particular title, chapter, section or division thereof; or the application thereof to the persons and circumstances directly involved in the controversy in which such judgment shall have been rendered.
(Prior Code, § 17-2-1)
§ 10.06 CONTINUANCE OF RIGHT AND OBLIGATIONS.
   (A)   The city shall continue to own, possess and control all rights and property of every kind and nature owned, possessed or controlled by it at the time this code takes effect and shall be subject to all its debts, obligations, liabilities and contracts.
   (B)   The occupants of offices provided for in this code and employees, at the time this code takes effect, shall continue to perform the duties of their respective offices and employments without interruption and for the same compensations and under the same conditions until the appointment or election, and qualification, of their successors, but subject to the provisions of this code. The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.
   (C)   The official survey of the Original City of the City of Plankinton; the official city datum for establishing official benchmarks within the city; and the government seal of the city, all as heretofore established by previous ordinance or ordinances, shall continue in effect upon adoption of this code of ordinances.
   (D)   The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, not any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed.
(Prior Code, § 17-2-2)
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