PUBLIC ORDER AND SAFETY

M-1 PUBLIC ORDER AND SAFETY

M-1-1 DEFINITIONS

A. “Intentionally, intent” shall mean the specific design to cause a certain result or engage in conduct of a certain nature.

B. “Person” shall mean a natural person, an unborn child, association, limited liability company, corporation, firm, organization, partnership, or society, including governmental and quasi-governmental entities.

C. “Private property” shall mean real or personal property proven by valid deed, bill of sale, or title to belong to a private person.

D. “Property” shall mean anything of value, including but not limited to, motor vehicles, real estate, tangible and intangible personal property, contract rights, chooses-in-action, and other interests in or claims to wealth, admission or transportation tickets, captured or domestic animals, food and drink, electric or other power, services, and signatures which purport to create, maintain or extinguish any legal obligation.

E. “Public property” shall mean real or personal property owned by federal, state, county or city government; any property which is not proven to be owned by a private citizen.

Source:

Authority: SDCL 9-29-1, 22-1-2

M-1-2 PURPOSE

The purpose of this chapter is to provide peace safety and order for the community.

Source:

Authority: SDCL 9-29-1

M-1-3 NATURE OF PENALTIES

Penalties provided herein shall not offset, enjoin, preempt, or otherwise affect any civil remedy provided by ordinance, statute, or common law.

Source:

Authority: SDCL 9-19-3, 22-2-1

M-1-4 LAW OFFICERS

Law enforcement officers in the course of pursuing their official duties shall be exempt from the provisions of this chapter. This exemption shall not extend, however, to such officers when not acting in their official capacity, pursuant to their employment, and in the interest of public safety.

Source:

Authority: SDCL 22-18-2

M-1-5 PENALTY

Any person in violation of any section within this chapter shall be guilty of a misdemeanor and upon conviction shall be penalized as provided in chapter T. Each day’s violation, failure, refusal, or neglect to comply with any provision of this chapter or regulation promulgated thereunder shall constitute a separate and distinct offense.

Authority: SDCL 9-19-3

M-1-6 SEVERABILITY

If any provision of this chapter is declared unconstitutional or the application of this chapter to any person or circumstance is held invalid or unconstitutional, the remainder of this chapter and applicability thereof to other persons or circumstance shall not be affected thereby.