Title 1
GENERAL PROVISIONS
Chapters:
1.01 Code Adoption
1.04 General Provisions
1.08 City Boundaries
1.12 Wards and Precincts
1.16 Penalties
Chapter 1.01
CODE ADOPTION
Sections:
1.01.010 Adoption.
1.01.020 Title– Citation– Reference.
1.01.030 Codification authority.
1.01.040 Ordinances passed prior to adoption of the code.
1.01.050 Reference applies to all amendments.
1.01.060 Title, chapter and section headings.
1.01.070 Reference to specific ordinances.
1.01.080 Effect of code on past actions and obligations.
1.01.090 Effective date.
1.01.100 Constitutionality.
1.01.110 Filing.
1.01.010 Adoption.
The "Redfield Municipal Code," as published by the Book Publishing Company, Seattle, Washington, is adopted as a revision of the general ordinances of the city under the provisions of Sections 9-19-16 and 9-19-17 of the South Dakota Compiled Laws.
(Ord. 1-86 § 1, 1986)
1.01.020 Title– Citation– Reference.
The code adopted by this chapter shall be known as the "Redfield Municipal Code" and it is sufficient to refer to the code as the "Redfield Municipal Code" in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It is sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the "Redfield Municipal Code." Further reference may be had to the titles, chapters, sections and subsections of the "Redfield Municipal Code" and such references shall apply to that numbered title, chapter, section or subsection as it appears in the code.
(Ord. 1-86 § 2, 1986)
1.01.030 Codification authority.
The code adopted by this chapter consists of all the regulatory and penal ordinances and certain of the administrative ordinances of the city, codified pursuant to the provisions of Sections 9-19-16 and 9-19-17 of the South Dakota Compiled Laws.
(Ord. 1-86 § 3, 1986)
1.01.040 Ordinances passed prior to adoption of the code.
The last ordinance included in the code adopted by this chapter was Ordinance 28-85, passed 9-16-85. The following ordinances, passed subsequent to Ordinance 28-85, but prior to adoption of the code, are adopted and made a part of this code: 29-85, passed 10-21-85; 30-85, passed 11-4-85; 31-85, passed 12-2-85; 32-85, passed 1-6-86; 33-85, passed 1-6-86.
(Ord. 1-86 § 4, 1986)
1.01.050 Reference applies to all amendments.
Whenever a reference is made to the code adopted by this chapter as the "Redfield Municipal Code" or to any portion thereof, or to any ordinance of the city, the references shall apply to all amendments, corrections and additions made before, as of or after the effective date of the ordinance codified in this chapter.
(Ord. 1-86 § 5, 1986)
1.01.060 Title, chapter and section headings.
Title, chapter and section headings in this chapter or the code adopted by this chapter shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section of this code.
(Ord. 1-86 § 6, 1986)
1.01.070 Reference to specific ordinances.
The provisions of the code adopted by this chapter shall not in any manner affect matters of record which refer to, or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within the code, but such reference shall be construed to apply to the corresponding provisions contained in the code.
(Ord. 1-86 § 7, 1986)
1.01.080 Effect of code on past actions and obligations.
Neither the adoption of the code nor the repeal or amendment by this chapter of any ordinance or part or portion of any ordinance of the city shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date of the ordinance codified in this chapter, nor be construed as a waiver of any license, fee or penalty at the effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee or penalty, or to the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect.
(Ord. 1-86 § 8, 1986)
1.01.090 Effective date.
The "Redfield Municipal Code" shall take effect on the effective date of the ordinance codified in this chapter.
(Ord. 1-86 § 9, 1986)
1.01.100 Constitutionality.
If any section, subsection, sentence, clause or phrase of this chapter or the code adopted by this chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the code or this chapter. The council declares that it would have adopted the same code, and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason the code is declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect.
(Ord. 1-86 § 10, 1986)
1.01.110 Filing.
Three copies of the "Redfield Municipal Code" as printed under the authority of the municipality and adopted by this chapter have been and are now on file for public inspection in the office of the city finance officer at City Hall, Main Street, Redfield, South Dakota.
(Ord. 1-86 § 11, 1986)
Chapter 1.04 Sections:
1.04.010 Definitions.
1.04.020 Title of office.
1.04.030 Interpretation of language.
1.04.040 Grammatical interpretation.
1.04.050 Acts by agents.
1.04.060 Prohibited acts include causing and permitting.
1.04.070 Computation of time.
1.04.080 Construction.
1.04.090 Repeal shall not revive any ordinances.
1.04.010 Definitions.
The following words and phrases, whenever used in the ordinances of the city of Redfield, South Dakota, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:
A. "City" and "town" each mean the city of Redfield, South Dakota, or the area within the territorial limits of the city of Redfield, South Dakota, and such territory outside city of any constitutional or statutory provision.
B. "Council" means the common council of the city of Redfield. "All its members" or "all councilmen" means the total number of councilmen holding office.
C. "County" means the county of Spink.
D. "Law" denotes applicable federal law, the Constitution and statutes of the state of South Dakota, the ordinances of the city of Redfield, and, when appropriate, any and all rules and regulations which may be promulgated thereunder.
E. "May" is permissive.
F. "Month" means a calendar month.
G. "Must" and "shall" are each mandatory.
H. "Oath" includes an affirmation or declaration 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."
I. "Owner," applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, of the whole or a part of such building or land.
J. "Person" includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.
K. "Personal property" includes money, goods, chattels, things in action and evidences of debt.
L. "Preceding" and "following" means next before and next after, respectively.
M. "Property" includes real and personal property.
N. "Real property" includes lands, tenements and hereditaments.
O. "Sidewalk" means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.
P. "State" means the state of South Dakota.
Q. "Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.
R. "Tenant" and "occupant," applied to a building or land, include any person who occupies the whole or a part of such building or land, whether alone or with others.
S. "Written" includes printed, typewritten, mimeographed, multigraphed, or otherwise reproduced in permanent visible form.
T. "Year" means a calendar year.
(Ord. 15-85 § 1)
1.04.020 Title of office.
Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the city.
(Ord. 15-85 § 2)
1.04.030 Interpretation of language.
All words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.
(Ord. 15-85 § 3)
1.04.040 Grammatical interpretation.
The following grammatical rules shall apply in the ordinances of the city of Redfield, unless it is apparent from the context that a different construction is intended:
A. Gender. Each gender includes the masculine, feminine and neuter genders.
B. Singular and Plural. The singular number includes the plural and the plural includes the singular.
C. Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable.
(Ord. 15-85 § 4)
1.04.050 Acts by agents.
When an act is required by an ordinance, the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed to include all such acts performed by an authorized agent.
(Ord. 15-85 § 5)
1.04.060 Prohibited acts include causing and permitting.
Whenever in the ordinances of the city of Redfield, any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.
(Ord. 15-85 § 6)
1.04.070 Computation of time.
Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded.
(Ord. 15-85 § 7)
1.04.080 Construction.
The provisions of the ordinances of the city of Redfield, and all proceedings under them are to be construed with a view to effect their objects and to promote justice.
(Ord. 15-85 § 8)
1.04.090 Repeal shall not revive any ordinances.
The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby.
(Ord. 15-85 § 9)
Chapter 1.08 Sections:
1.08.010 Designated– Map adopted.
1.08.010 Designated– Map adopted.
The corporate limits of the city are declared to be such as have heretofore been legally established by laws and ordinances of the city as shown on the map, designated as map "A," on file in the office of the city auditor of the city, which map is incorporated in this section by reference and adopted as the official map showing the boundaries and limits of the city.
(Prior code § 2.0101)
Chapter 1.12 Sections:
1.12.010 General authority.
1.12.020 Ward one– Area defined.
1.12.030 Ward two– Area defined.
1.12.040 Ward three– Area defined.
1.12.050 Ward four– Area defined.
1.12.060 Precincts.
1.12.010 General authority.
A. The city is divided into four wards as set forth in this chapter and pursuant to SDCL 9-2-7 and SDCL 2-14-2 (18).
B. The effective date of the ordinance codified in this chapter shall be January 1, 2002.
(Ord. 16-01 (part): Ord. 11-91 (part): Ord. 4-81 (part): Ord. 304 (part), 1961: prior code § 2.0201 (part))
1.12.020 Ward one– Area defined.
The area of ward one shall be all of the incorporated area north of Seventh Avenue and east of Main Street and west of Eighth Street East.
(Ord. 16-01 (part): Ord. 11-91 (part): Ord. 4-81 (part): Ord. 304 (part), 1961: prior code § 2.0201 (part))
1.12.030 Ward two– Area defined.
The area of ward two shall be all of the incorporated area west of First Street West and north of Commercial Lane; and west of Second Street West and south of Commercial Lane.
(Ord. 16-01 (part): Ord. 11-91 (part): Ord. 4-81 (part): Ord. 304 (part), 1961: prior code § 2.0201 (part))
1.12.040 Ward three– Area defined.
The area of ward three shall be all of the incorporated area north of Seventh Avenue between First Street West and Main Street; south of Seventh Avenue between First Street West and Third Street East; north of Commercial Lane and South Lane; and east of Second Street West and west of First Street East south of Commercial Lane and South Lane.
(Ord. 16-01 (part): Ord. 11-91 (part): Ord. 4-81 (part): Ord. 304 (part), 1961: prior code § 2.0201 (part))
1.12.050 Ward four– Area defined.
The area of ward four shall be all of the incorporated area south of Seventh Avenue and east of Third Street East from Seventh Avenue to South Lane; east of First Street East from South Lane to Sixteenth Avenue; and north of Seventh Avenue east of Eighth Street East.
(Ord. 16-01 (part): Ord. 11-91 (part): Ord. 4-81 (part): Ord. 304 (part), 1961: prior code § 2.0201 (part))
1.12.060 Precincts.
The first, second, third and fourth wards as in this chapter defmed and bounded shall each constitute and be a separate voting precinct.
(Ord. 16-01 (part): prior code § 2.0301)
Chapter 1.16 Sections:
1.16.010 General penalty.
1.16.015 Civil penalty.
1.16.020 Collection of penalty.
* Prior code history: Prior code § 13.0102.
1.16.010 General penalty.
Except in cases where a different penalty is imposed by this code or by some existing provision of law, every violation of any of the provisions of this code shall be punishable by imprisonment in the city jail not to exceed thirty days or by fine not exceeding two hundred dollars, or by both such fine and imprisonment.
GENERAL PROVISIONS
CITY BOUNDARIES
WARDS AND PRECINCTS
PENALTIES*