T-1 CODE AND ORDINANCE PENALTIES

T-1-1 PURPOSE

The purpose of this chapter is to allow the City of Fort Pierre to enact, make, amend, revise, or repeal all such ordinances, resolutions, and regulations as may be proper and necessary to carry into effect the powers granted thereto, and to provide for a punishment for each violation thereof by fine.

Authority: SDCL 9-19-3

T-1-2 GENERAL PENALTY

Whenever in any section of this code or any ordinance, or any resolution or regulation promulgated thereunder, the doing of any act is required or is prohibited or is declared to be unlawful, and no specific fine or penalty is provided for such a violation thereof, any person who shall be convicted of any violation of this code or of any such ordinance, or any resolution or regulation promulgated thereunder, shall, for each offense be fined not less than One Dollar ($1) nor more than Two Hundred Dollars ($200) or be punished by imprisonment for not exceeding thirty (30) days, or by both such fine and imprisonment.

Each day’s violation of, or failure, refusal, or neglect to comply with any provision of this chapter or any resolution or regulation promulgated thereunder, shall constitute a separate distinct offense.

The provisions of the preceding paragraphs of this chapter shall not apply to any section of this chapter, or to any other ordinance, resolution, or regulation promulgated thereunder that expressly provides a penalty for its violation.

Source:

Authority: SDCL 9-19-3

T-1-3 AMENDMENT OF SECTION SUBJECT TO PENALTY

Amendment to any section of this chapter containing provisions for which a penalty is provided in another section shall be held to relate and apply to the section so amended, whether re-enacted in the mandatory ordinance or not, unless otherwise specifically provided therein.

Source:

Authority: SDCL 9-19-3

T-1-4 OFFENSES HAVING TWO PENALTIES

Where the same offense is made punishable by different clauses or sections of existing or subsequently enacted code or ordinance, the City, in a prosecution based thereunder, may elect under which clause or section to proceed, but not more than one (1) recovery shall be had against the same person for the same offense.

Source:

Authority: SDCL 9-19-3; US Const., amend. V; SD Const., art VI, §9