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§ 10.002 DEFINITIONS AND RULES OF CONSTRUCTION.
   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)
§ 10.003 CORPORATE LIMITS.
   The words CORPORATE LIMITS or CITY LIMITS OF THE CITY are declared to be such as have been and shall hereafter be legally established and amended by law and ordinances of the city as shown on the official map thereof on file in the planning and building services department which the map is incorporated in this Code by reference and adopted as the official map showing the boundaries and limits of the city.
(1992 Code, § 1-3)
§ 10.004 CATCHLINES OF SECTIONS.
   The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of those sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of these sections, including the catchlines, are amended or reenacted.
(1992 Code, § 1-5)
§ 10.005 ORDINANCES SAVED FROM REPEAL.
   (a)   (1)   Nothing contained in this Code, nor in the ordinance adopting this Code shall be construed to repeal or otherwise affect in any manner:
         A.   Any ordinance or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this Code;
         B.   Any ordinance promising or guaranteeing the payment of money for the city or authorizing the issuance of any bonds of the city or any evidence of the city’s indebtedness;
         C.   Any contract or obligation assumed by the city;
         D.   Any right or franchise granted by the city;
         E.   Any budget or appropriation ordinance;
         F.   Any ordinance which, by its own terms, is effective for a stated or limited term;
         G.   Any ordinance providing for local improvements and assessing taxes therefor;
         H.   Any ordinance adopted after the effective date of this Code;
         I.   Any ordinance relating to the annual tax levies; or
         J.   Any special ordinance.
      (2)   All such ordinances are hereby saved from repeal and recognized as continuing in full force and effect to the same extent as if set out at length in this Code.
(1957 Rev. Ords., §§ 16.403, 16.405, 16.406; 1992 Code, § 1-6)
   (b)   (1)   Nothing contained in this Code, nor in the ordinance adopting this Code, shall be construed to repeal or otherwise affect in any manner:
         A.   Any ordinance fixing the salary of any city officer or employee; or
         B.   Any ordinance of an administrative character not in conflict with the provisions of this Code.
      (2)   All such ordinances are hereby saved from repeal and recognized as continuing in full force and effect to the same extent as if set out at length in this Code.
(1992 Code, § 2-1)
§ 10.006 PUBLICATION AND EFFECT.
   This Code shall be printed and published in book form and shall take effect as provided by law.
(1957 Rev. Ords., § 16.410; 1992 Code, § 1-7)
Statutory reference:
   Authority to publish revised ordinances in book form, see SDCL 9-19-17
§ 10.007 WILLIAM H. LYON FAIR GROUNDS EXEMPTED FROM OPERATION OF ORDINANCES.
   The property within the city limits of the city, commonly called the William H. Lyon Fair Grounds and which are legally described in a quit claim deed from the city to Minnehaha County, are hereby exempted from the operation and effect of the ordinances of the city.
(1992 Code, § 1-8) (Ord. 77-78, passed 7-31-1978)
§ 10.008 SEVERABILITY.
   Should any provision or section of this Code be held unconstitutional or invalid, the holding shall not be construed as affecting the validity of any of the remaining provisions or sections, it being the intent of the city council that this Code shall stand, notwithstanding the invalidity of any provision or section thereof. The provisions of this section shall apply to the amendment of any section of this Code, whether or not the wording of this section is set forth in the amendatory ordinance.
(1992 Code, § 1-9)
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