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In the construction of this Code, the following rules shall be observed and the following definitions shall apply, unless the construction would be inconsistent with the manifest intent of the city council.
CITY. The term THE CITY or THIS CITY shall mean the City of Sioux Falls in the County of Minnehaha and County of Lincoln, and the State of South Dakota.
CODE. The term CODE or THIS CODE shall be taken to mean the Code of Ordinances of Sioux Falls, South Dakota in their entirety, including each and every section thereof. The entire CODE is intended by the city council to constitute an ordinance in revision of the ordinances of the city, within the meaning of SDCL 9-19-16 and 9-19-17.
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.
COUNCIL. The words COUNCIL or CITY COUNCIL shall mean the city council of the City of Sioux Falls, constituting the governing body of the city.
COUNTY. The term COUNTY or THIS COUNTY shall mean the County of Minnehaha and the County of Lincoln, South Dakota.
DUTIES PERFORMED BY AGENTS. Wherever in this Code any act is required to be done by an officer in the line of his or her general duties or by a department head or inspector, such shall be construed to permit the doing of that act by the agent or subordinate of the person, provided that the agent or subordinate is duly authorized and duly qualified to perform that act. This rule shall apply also to license holders, where the act is not otherwise required to be performed personally by the person, either by specific law or by the nature of the act.
GENERALLY. The provisions of this Code shall be liberally construed to effect the purposes expressed therein or implied from the expression thereof. In case of doubt or ambiguity in the meaning of the provisions, the GENERAL shall yield to the particular. Reference for interpretation and construction shall tend to further the accomplishment of the elimination of the particular mischiefs for which the provisions were enacted. Words shall be construed in their common and usual significance unless the contrary is clearly indicated.
JOINT AUTHORITY. Words purporting to give authority to three or more officers or other persons shall be construed as giving authority to a majority of the officers or other persons, unless it is otherwise declared.
MONTH. A calendar month.
NUMBER. Words used in the singular number include the plural, and the plural, the singular, except where a contrary intention plainly appears.
OATH. The word OATH shall be construed to include an affirmation, and the words SWEAR and SWORN shall be equivalent to the words AFFIRM and AFFIRMED.
OFFICERS, EMPLOYEES AND THE LIKE. Whenever reference is made in this Code to a city officer, employee, department, board or commission by title only, this shall be construed as though followed by the words “of the City of Sioux Falls” and shall be taken to mean the officer, employee, department, board or commission of this city having the title mentioned or performing the duties indicated.
PERSON. The word PERSON shall extend and be applied to associations, companies, corporations, firms, partnerships, organizations and bodies politic and corporate as well as to individuals and any other legal entities, or any agent or employee thereof.
SDCL. The South Dakota Codified Laws and acts amendatory thereof.
SHALL, MAY. The word SHALL is a mandatory reference; the word MAY is a permissible reference.
SIGNATURE or SUBSCRIPTION. Includes a mark when the person cannot write, his or her name being written near that mark, and written by a person who writes his or her own name as a witness.
STATE. The words THE STATE or THIS STATE shall be construed to mean the State of South Dakota.
TENSE. Words used in the past or present tense include the future as well as the past and present.
VARIATIONS IN PUNCTUATION; TYPOGRAPHICAL ERRORS; AND THE LIKE. 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 the section is clear.
WHOLESALER or WHOLESALE DEALER. In all cases where the words WHOLESALER or WHOLESALE DEALER are used in this Code, unless otherwise specifically defined, these terms shall be understood to relate to the sale of goods, merchandise, articles or things in quantity to persons who purchase for the purpose of resale, as distinguished from a retail dealer who sells in smaller quantities direct to the consumer.
WRITTEN or IN WRITING. The words WRITTEN or IN WRITING shall be construed to include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. WRITING may be made in any manner, except that when a person entitled to require the execution of a WRITING demands that it be made with ink, it must be so made.
YEAR. A calendar year.
(1957 Rev. Ords., § 16.101; 1992 Code, § 1-2)