Ordinance No. 93-12


AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REVISING, AMENDING, RESTATING, CODIFYING, AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF SIOUX FALLS, SOUTH DAKOTA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; AND PROVIDING FOR THE MANNER OF AMENDING THE CODE.

WHEREAS, SDCL 9-19-16 authorizes the City to revise, amend, restate, codify, and compile any existing ordinances and all new ordinances not heretofore adopted or published and to incorporate such ordinances into one ordinance in book form;

WHEREAS, every 20 years, the City Charter Section 2.14 has authorized a general compilation, revision, and codification of the ordinances of the City of a general and permanent nature and publication of such ordinance in book form (hereinafter "the recodification");

WHEREAS, the last recodifications occurred in 1972 and 1992, respectively;

WHEREAS, the present and permanent ordinances of the City are inadequately arranged and classified and are insufficient in form and substance, which has resulted in this recodification being conducted; and

BE IT ORDAINED BY THE CITY OF SIOUX FALLS, SD:

Section 1. Pursuant to SDCL 9-19-16 and the City Charter Section 2.14, the Code entitled "The Code of Ordinances of Sioux Falls, South Dakota," (hereinafter "the Code") published by American Legal Publishing, consisting of Titles I, III, V, VII, IX, XI, XIII, and XV, each inclusive, is adopted. 

Section 2. All prior ordinances pertaining to the subjects treated in such Code shall be deemed repealed from and after the effective date of this ordinance except as they are included and reordained in whole or in part in such Code; provided, such repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this ordinance, nor shall such repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises, or granting special rights to certain persons, authorizing public improvements, authorizing the issuance of bonds of or borrowing of money, authorizing the purchase of sale of real or personal property, granting or accepting easements, plat or dedication of land to public use, vacating or setting the boundaries of streets or other public places; nor shall such repeal affect any other ordinance of a temporary or special nature or pertaining to subjects not contained in or covered by the Code.

Section 3. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance of the City shall be punished by a fine of not more than $500.00, or by imprisonment for not more than 30 days, or both. Each act of a violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the City may pursue other remedies such as abatement of nuisances, injunctive relief, and revocation of licenses or permits.

Section 4. Additions or amendments to the Code, when passed in the form as to indicate the intention of the City Council to make the same a part of the Code, will be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

Section 5. Ordinances adopted after January 1, 2013, which amend or refer to ordinances that have been codified in the Code, shall be construed as if they amend or refer to like provisions of the Code.

Section 6. The City shall publish the Ordinance, without attachment, after its passage. The attachment is on file and available for inspection in the office of the City Clerk.

Date adopted:     12/04/12 

  Mike T. Huether  /s/ 

Mayor

ATTEST:

  Lorie Hogstad  /s/ 

   City Clerk