Section
General Provisions
10.01 Title of code
10.02 Rules of interpretation
10.03 Captions
10.04 Definitions
10.05 Severability
10.06 Reference to other sections
10.07 Reference to offices
10.08 Errors and omissions
10.09 Powers to enact, amend, or repeal ordinances and resolutions; generally
10.10 Ordinances repealed
10.11 Ordinances unaffected
10.12 Repeal or modification of an ordinance
10.13 Ordinances which amend or supplement code
10.14 Preservation of penalties, offenses, rights, and liabilities
Administrative Procedures
10.25 Scope and purpose
10.26 Definitions
10.27 Authority
10.28 Administrative citations
10.29 Remedies
10.30 Appeals
10.31 Complaints and abatements
10.32 Landowner responsible for any costs
10.99 General penalty
GENERAL PROVISIONS
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 “Summerset Code of Ordinances,” 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.
(A) Generally. Unless otherwise provided herein, or by law or implication required, the same rules of construction, definition, and application shall govern the interpretation of this code as those governing the interpretation of state law.
(B) Specific rules of interpretation. The construction of all ordinances shall be by the following rules, unless that construction is plainly repugnant to the intent of the legislative body or of the context of the same ordinance.
(1) Acts by assistants. When a statute, code provisions, or ordinance requires an act to be done which, by law, an agent or deputy as well may do as the principal, that requisition shall be satisfied by the performance of the act by an authorized agent or deputy.
(2) Gender; singular and plural; tenses. Words denoting the masculine gender shall be deemed to include the feminine and neuter genders; words in the singular shall include the plural, and words in the plural shall include the singular; and the use of a verb in the present tense shall include the future, if applicable.
(3) General term. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited. General terms descriptive of an officer, act, proceeding, or thing shall have reference to a municipality concerned or affected.
Statutory reference:
General terms descriptive of an officer, act, proceeding, and the like, see SDCL § 9-1-1
For the purpose of this code of ordinances, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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. Meade County.
ELECTOR(S) or QUALIFIED ELECTOR(S). Voter(s).
GOVERNING BODY. The Board of Commissioners of a municipality concerned or affected.
LOT. This includes PARCEL or TRACT OF LAND.
MONTH. A calendar month.
MUNICIPALITY or MUNICIPAL CORPORATION. All cities and towns organized under the laws of this state, but shall not include any other political subdivisions.
ORDINANCE. A permanent legislative act within the limits of its powers of the governing body of a municipality.
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.
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.
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. South Dakota Codified Laws.
STATE. The State of South Dakota.
STREET. This includes AVENUE.
CITY. The City of Summerset, South Dakota.
YEAR. A calendar year.
Statutory reference:
Related provisions, see SDCL §§ 9-1-1 and 9-19-1
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