Article 10 – General Provisions

ARTICLE 10

GENERAL PROVISIONS

Section 1001.  Provisions of Ordinance Declared to be Minimum Requirements.

In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and general welfare.  Wherever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restriction, or covenants, the most restrictive or that imposing the higher standards, shall govern.

Section 1002.  Penalties for Violation.

Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with granting of variances or conditional uses) shall constitute a misdemeanor.  Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction be fined not more than two hundred (200) dollars, and in addition shall pay all costs and expenses involved in the case.  Each day such violation continues shall be considered a separate offence.  (SDCL 9-19-3)

The owner or tenant of any building, structure or premises, any builder, contractor, agent or other person who commits, participates in, assists in, or maintains such violation may be found guilty of a separate offense and suffer the penalties provided.

Section 1003.  Separability Clause.

Should any section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part other than the part so declared to be unconstitutional or invalid.

Section 1004.  Repeal of conflicting Ordinances.

All ordinances or parts of ordinances in conflict with this ordinance are hereby declared repealed.