The provisions of this Code shall be liberally construed to effect the purpose expressed therein or implied from the expression thereof. In case of doubt or ambiguity in the meaning of such 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. In the construction of this Code, the following rules shall be observed and the following definitions shall apply, unless such construction would be inconsistent with the manifest intent of the council:
Boards, committees, commissions, officers, employees, etc. Whenever reference is made in this Code to a board, committee, commission, officer or employee by title only, this shall be construed as though followed by the words "of the City of Spearfish" and shall be taken to mean the board, committee, commission, officer or employee of this city having the title mentioned or performing the duties indicated.
City or municipality. The words "city" or "municipality" shall mean the City of Spearfish in the County of Lawrence and the State of South Dakota.
Code. The term "Code" shall mean the Revised Ordinances of the City of Spearfish, South Dakota.
Computation of time. In computing any period of time mentioned in the provisions of this Code, the day of the act, event or default after which the designated period of time begins to run is not to be included, and the last day of the period so computed is to be included, unless it is a Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Sunday nor a holiday.
State law reference—Computation of time, SDCL § 15-6-6(a).
Council. The words "council," "common council," or "city council," shall mean the Common Council of the City of Spearfish, constituting the governing body of the city.
County. The term "county" shall mean the County of Lawrence, 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 general duties, or by a department head or inspector, it shall be construed to permit the doing of such act by the agent or subordinate of such person; provided that the agent or subordinate is duly authorized and duly qualified to perform such act. Such rules shall apply also to license-holders, where such act is not otherwise required to be performed personally by such person, either by specific law or by the nature of such act.
Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships, associations and corporations, as well as to males.
Health department and health officer. The term "health department" shall mean the county health department, and the term "health officer" shall mean the administrator of the county health department.
Heretofore and hereafter. Whenever the word "heretofore" occurs, it shall be construed to mean any time previous to the day when such ordinance shall take effect and whenever the word "hereafter" occurs, it shall be construed to mean the time after the ordinance containing such word shall take effect.
Joint authority. All words purporting to give a joint authority to three (3) or more city officers or other persons shall be construed as giving such authority to a majority of such officers or other persons unless it shall be otherwise expressly declared in the law giving the authority.
Month. The word "month" shall mean a calendar month.
Number. Any word importing the singular number shall include the plural and any word importing the plural number shall include the singular.
Oath. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."
Or, and. The word "or" may be read "and," and "and" may be read "or," if the sense requires it.
Person. The word "person" shall extend and be applied to associations, corporations, firms, partnerships and bodies politic and corporate as well as to individuals.
SDCL. The abbreviation SDCL shall mean the latest edition or supplement of the South Dakota Codified Laws.
Signature or subscription. The word "signature" or "subscription" shall include a mark when a person cannot write.
State. The word "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.
Wholesaler or wholesale dealer. In all cases where the words "wholesaler" or "wholesale dealer" are used in this Code, unless otherwise specifically defined, such 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 any representation of words, letters or figures, whether by printing or otherwise.
(Code 1982, §-1-200)
State law reference—Definition of terms used in the state codified laws, SDCL § 9-1-1.