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(A) No suit, proceedings, right, fine, forfeiture, or penalty instituted, created, given, secured, or accrued under any ordinance previous to its repeal shall, in any way, be affected, released, or discharged but may be prosecuted, enjoined, and recovered as fully as if the ordinance had continued in force unless it is otherwise expressly provided.
(B) When any ordinance repealing a former ordinance, clause, or provision shall be itself repealed, the repeal shall not be construed to revive the former ordinance, clause, or provision, unless it is expressly provided.
(A) If the legislative body shall desire to amend any existing chapter or section of this code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place.
(B) Any ordinance which is proposed to add to the existing code a new chapter or section shall indicate, with reference to the arrangement of this code, the proper number of the chapter or section. In addition to this indication as may appear in the text of the proposed ordinance, a caption or title shall be shown in concise form above the ordinance.
All offenses committed under laws in force prior to the effective date of this code shall be prosecuted and remain punishable as provided by those laws. This code does not affect any rights or liabilities accrued, penalties incurred, or proceedings begun prior to the effective date of this code. The liabilities, proceedings, and rights are continued; punishments, penalties, or forfeitures shall be enforced and imposed as if this code had not been enacted. In particular, any agreement granting permission to utilize highway rights-of-way, contracts entered into, or franchises granted; the acceptance, establishment, or vacation of any highway; and the election of corporate officers shall remain valid in all respects, as if this code had not been enacted.
(A) Continuing violations. Whenever any code, resolution, or ordinance of the city is prohibited or is made or declared to be unlawful or an offense or a misdemeanor or wherever in such code, resolution, or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful and no specific penalty is provided therefor, any person who shall be convicted of any such violation shall be punished by a fine not more than the amount of $500 that is set by state law, by imprisonment not exceeding 30 days, or by both the fine and imprisonment. Each day of any violation of this code, resolution, or ordinance shall constitute a separate offense.
(B) Assessing additional cost incurred. Whenever additional cost is incurred by the city for legal fees, engineering fees, city employee time spent, and/or other expenses pertaining to the above- described violations, any person who shall be convicted of any such violation shall be liable for reimbursement of described additional cost incurred by the city. Such costs can be assessed and may be applied toward property taxes of said person.
(C) Liability of corporations for violations. For a violation of this code or any other ordinance of the city which, by nature, does not require intent exercisable only by natural persons, a corporation may be fined or punished by appropriate penalties in addition to any punishment provided for its agents who violate this code or other ordinance while acting as agents.
(D) Prosecution’s election when offense created by more than one section. In all cases where the same offense is made punishable or is created by different clauses or sections of this code, the prosecuting officer may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense; provided, the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.
(Prior Code, Chapter 1.12) (Ord. 92-2, passed - -; Ord. 07-7, passed - -)
Statutory reference:
Related provisions, see SDCL §§ 9-19-3 and 22-6-2(2)