General Provisions
Section 1-1 Title.
This code shall be known as the 2005 REVISED ORDINANCES OF THE CITY OF MENNO, SOUTH DAKOTA. It may also be cited for legal purposes as ORDINANCE NO. 2005-01, CITY OF MENNO or CODE OF ORDINANCES, CITY OF MENNO. Any reference to the number of any Section contained herein shall be understood to refer to the position of the same under its appropriate Chapter heading, its Title or Article heading, if any, and to the penalty clause relating thereto, as well as to the Section itself, when reference is made in this ordinance by title in any legal document or ordinance of the city.
Section 1-2 Catchlines of sections.
The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.
Section 1-3 Rules of construction and definitions.
In the construction of this Code, the following rules shall be observed and the following definitions shall apply, unless such construction would be inconsistent with the manifest intent of the council. Terms that are not defined shall have their ordinary accepted meanings within the context with which they are used. Webster’s Third New International Dictionary of the English Language, Unabridged, ©1981, shall be construed as providing ordinary accepted meanings.
Generally - The provisions of this Code shall be liberally construed to effect the purposes expressed therein or implied from the expression thereof. In case of doubt or ambiguity in the meaning of such provisions, the general shall yield to the particular. Reference for interpretation and construction shall tend to further the accomplishment of the elimination of the particular mischiefs for which the provisions were enacted. Words shall be construed in their common and usual significance unless the contrary is clearly indicated.
CONSTRUCTION
City - The words “the city” or “this city” shall mean the City of Menno, in the County of Hutchinson, State of South Dakota
City council - The city council of the City of Menno, Hutchinson County, South Dakota.
Code - The term “Code” or “this Code” shall be taken to mean the Revised Ordinances of Menno in their entirety, including each and every section thereof. The entire Code is intended by the council to constitute an ordinance in revision of the ordinances of the city, within the meaning of SDCL 9-19-16 and 9-19-17.
Computation of time - In computing any period of time mentioned in the provisions of this Code, the day of the act, event or default after which the designated period of time begins to run is not to be included, and the last day of the period so computed is to be included, unless it is a Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Sunday nor a holiday.
County - The word “county” shall mean the County of Hutchinson, State of South Dakota.
Duties performed by agents - Wherever in this Code any act is required to be done by an officer in the line of his general duties, or by a department head or inspector, the same shall be construed to permit the doing of such act by the agent or subordinate of such person; provided that the agent or subordinate is duly authorized and duly qualified to perform such act. Such rule shall apply also to license holders, where such act is not otherwise required to be performed personally by such person, either by specific law or by the nature of such act.
Gender - Words used in the masculine gender include the female and neuter. Words used in the feminine gender include the masculine and neuter.
Joint authority - Words purporting to give authority to three or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it is otherwise declared.
May, shall - The word “may” is permissive; the word “shall” is mandatory.
Month - The word “month” shall mean a calendar month.
Municipality - The City of Menno, South Dakota, or any authorized person or board acting on its behalf.
Number - Any word importing the singular number shall include the plural and any word importing the plural number shall include the singular.
Oath - “Oath” includes affirmation.
Officers, employees, etc. - Whenever reference is made in this Code to a city officer, employee, department, board or commission by title only, this shall be construed as though followed by the words “of the City of Menno” and shall be taken to mean the officer, employee, department, board or commission of this city having the title mentioned or performing the duties indicated.
No provision of this Code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided in this Code for a failure to perform such duty, unless the intention of the city council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the Section creating the duty.
Ordinance – A permanent legislative act of the governing body of the city within the limits of its powers. The words, “this ordinance,” shall be held and taken to mean the entire Ordinance in Revision, including each and every Section thereof.
Person - The word “person” shall extend and be applied to associations, companies, corporations, firms, organizations of any kind, partnerships and bodies politic and corporate as well as individuals.
Resolution - Any determination, decision, or direction of the city council of a special or temporary character for the purpose of initiating, effecting, or carrying out its administrative duties and functions under the laws and ordinances of the city.
SDCL - The letters “SDCL” shall mean the South Dakota Codified Laws and acts amendatory thereto.
Shall, may - The word “shall” is mandatory; the word “may” is permissive.
Signature or subscription - The word “signature” or “subscription” includes mark, when the person cannot write, his name being written near such mark, and written by a person who writes his own name as a witness.
State - The words “the state” or “this state” shall be construed to mean the State of South Dakota.
Tense of verbs - Words used in the present tense include the future as well as the present.
Variations in punctuation; typographical errors; etc. - No variation in punctuation, either formal or informal, consistent or not, shall affect the validity of this Code, nor shall obvious or apparent defects in spelling or typography be construed as to invalidate any portion hereof, so long as the purpose and intent of the section is clear.
Writing and written - The words “writing” and “written” includes typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. Writing may be made in any manner, except that when a person entitled to require the execution of a writing demands that it be made with ink, it must be so made.
Year - The word “year” shall mean a calendar year.
DEFINITIONS
Abandoned motor vehicles – Any motor vehicle left on a public street or highway for longer than thirty (30) days or on private property without the permission of the land owner or tenant.
Alderman - A person elected from such person’s ward of the city to serve on the city council, also referred to as councilman.
Approving authority - The city council of Menno or its duly authorized board agent or representative.
Area of special flood hazard - The land in the floodplain within a community subject to a one (1%) percent or greater chance of flooding in any given year.
Base flood - The flood having a one (1%) percent chance of being equaled or exceeded in any given year.
Biochemical Oxygen Demand (BOD) - The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees Centigrade, expressed in milligrams per liter.
Building drain - The part of the lowest horizontal piping of a drainage system that receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet or one and one-half (1½) meters outside the inner face of the building wall.
Building sewer - The extension from the building drain to the public sewer or other place of disposal, also called house connection.
Cable system - See cable television system.
Cable television system - A system utilizing coaxial cable and certain electronic and other components that deliver to subscribing members of the public various communications services.
Cable television reception service - The simultaneous delivery by satellite cable provider to television receivers or any other suitable type of audio-video communications receivers of the signals of over-the-air television broadcast stations licensed by the FCC and authorized to be carried over said system and such additional closed-circuit channels at the option of the satellite cable provider.
CATV – See cable television system.
City council - The city council of the City of Menno, Hutchinson County, South Dakota. The city council shall consist of the mayor and two aldermen elected from each ward of the city.
Combined sewer - A sewer intended to receive both wastewater and storm or surface water.
Council - The words “council,” “common council” or “city council” shall mean the city council of the City of Menno, constituting the governing body of the city.
Councilman or council member - A person, male or female, elected from such person’s ward of the city to serve on the city council, also referred to as alderman.
Defaulter - A defaulter is an official who, while serving in an official capacity, misappropriates or fails to account for public funds.
Development - Any man made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations located within the area of a special flood hazard.
Domestic waste - Wastes discharged from the average residential user in the city, also referred to as sanitary waste.
Easement - An acquired legal right for the specific use of land owned by others.
Engine compression brakes - A device used primarily on trucks for the conversion of the engine from an internal combustion engine to an air compressor for the purpose of braking without the use of wheel brakes. Such devices are commonly referred to as “dynamic braking devices” or as “jake-brakes”.
FCC – Federal Communications Commission.
Fireworks - Pyrotechnics or fireworks containing phosphorus, sulfocyanide, mercury, chlorate of potash and sulfur or chlorate of potash and sugar, and the following named fireworks: firecrackers, flash crackers or salutes, blank cartridges, cherry bombs, sky rockets including all devices discharging balls of fire into the air, chasers, including all devices which dart or travel above the surface of the ground during discharge, Roman candles, snakes, boa constrictors and snake nests contain bichloride of mercury, all articles for pyrotechnic display which contain gun powder, articles commonly known as son-of-a-gun, devil-on-the-rock, cricket sticks and automatic torpedoes which contain arsenic, explosive known as devil-on-the-walk, or any other article of similar character which explodes through means of friction, or by fuse; and all other fireworks, except cap pistol paper caps containing not more than twenty-five hundredths grain explosive compound to each paper cap.
Floatable oil - Oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. Wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.
Flood or flooding - A general and temporary condition of partial or complete inundation of normally dry land area from:
Flood Insurance Rate Map (FIRM) - An official map of a community, on which the Federal Emergency Management Agency has delineated areas of special flood hazards designated as Zone A.
Flood Insurance Study - The official report provided by the Federal Insurance Administration. The report contains flood profiles, as well as the Flood Insurance Rate-Floodway Map and the water surface elevation of the base flood.
Floodway - The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
Garbage - All refuse accumulation of animal, fruit or vegetable matter that attends the preparation, use, cooking, dealing in or storage of meat, fish, fowl, fruits or vegetables and containers originally used for foodstuffs. “Garbage” also includes tin cans, bottles, newspapers, magazines, cardboard boxes, and other paper products. Dead animals are not included in the term garbage.
Governing body - See city council or council.
Gross subscriber revenues - Those revenues derived from the monthly service charges paid by subscribers for basic cable service and premium pay services such as HBO. Subscriber revenues shall not include revenues received as installation charges and fees for reconnections, inspection, repairs, or modifications of any installations.
Industrial user - Any non-governmental user of publicly owned treatment works that discharges more than twenty five thousand (25,000) gallons per day of sanitary wastes or a volume of processed waste or combined processed and sanitary wastes equivalent to twenty five thousand (25,000) gallons per day of sanitary wastes. Sanitary wastes are the wastes discharged from the average residential user in the city. The strength of the average residential waste discharged in the city is defined as “Normal Strength Domestic Wastewater.” These concentrations shall be applied in determining equivalent volume of processed waste or combined discharges of sanitary and processed wastes; or
Any non-governmental user of a public owned treatment works that discharges wastewater to the treatment works, which contains toxic or poisonous solids, liquids, or gasses of sufficient quantities either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in or have an adverse effect on the waters receiving any discharge from the treatment works.
Industrial waste - The wastewater from industrial processes, trade, or business as distinct from domestic or sanitary wastes.
Junk motor vehicles - Any motor vehicle that has been placed on the property of a recognized junk dealer for the purposes of salvage.
Licensing authority – The city council.
Manufactured home - A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. This term includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days.
Motor vehicle - Automobiles, motor trucks, motorcycles, house trailers, trailer coaches, cabin trailers, and all vehicles propelled by power other than muscular power, except traction engines, road rollers, fire trucks, wagons and engines, police and patrol wagons, farm wagons, freight trailers, and such vehicles as run only on rails or tracks.
Natural outlet - Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
Normal strength domestic wastewater - Normal strength wastewater for the city in which the average concentration of suspended materials and five (5) day BOD is established at not greater than two hundred fifty (250) and two hundred (200) parts per million respectively, by weight. Such wastewater does not include infiltration and/or inflow, and it is composed of domestic wastewater.
NPDES Permit - National Pollutant Discharge Elimination System Permit held by the city. This permit, which establishes limits on quality and quantity of discharges from the city treatment works, was issued by the state and federal governments in accordance with the provisions of the Federal Water Pollution Control Act, as amended (33 USC 1251, et. Seq.; the “ACT”).
Parts per million - A weight-to-weight ratio. The parts per million multiplied by the factor 8.345 shall be equivalent to pounds per million gallons of water. Parts per million and milligrams per liter (mg/l) shall be synonymous.
pH - The logarithm of the reciprocal of the hydrogen-ion concentration. The concentration is the weight of hydrogen-ions in grams per liter of solution. Neutral water, for example, has a pH value of 7 and a hydrogen-ion concentration of 10-7.
Properly shredded garbage - The wastes from the preparation, cooking, and dispensing of foods that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (½) inch or 1.27 centimeters in any dimension.
Public sewer - A common sewer controlled by a governmental agency or public utility.
Refuse - All miscellaneous waste materials except “yard waste” not specifically defined as garbage. “Refuse” includes white goods (stoves, refrigerators, freezers, water heaters, etc.), scrap materials from the construction, remodeling and repair of buildings, concrete bricks, tree stumps, earth or earthy materials, automobile bodies, metal parts or materials of a toxic, highly flammable or explosive nature.
Removal agency - Any public body, private or non-profit organization, specifically including the city and its agents, and any person authorized by SDCL Title 32 to remove and salvage abandoned and junk motor vehicles, and other scrap metals.
Rubbish - All other refuse except rocks, concrete, bricks, and similar solid material, plaster, or dirt.
Sanitary sewer - A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions together with minor quantities of ground, storm, and surface waters that are not admitted intentionally.
Sanitary waste – Wastes discharged from the average residential user in the city, also referred to as domestic waste.
Scrap metals - Waste or refuse metals that have been in actual use and have been abandoned and are fit only to be remanufactured or recycled.
Sewage - See wastewater.
Sewer - A pipe or conduit that carries wastewater or drainage water.
Slug - Any discharge of water or wastewater, which in concentration of any given constituent or in quantity of flow exceeds for any period or duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.
Storm drain - Also referred to as storm sewer. A drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.
Storm sewer – See storm drain.
Storm water runoff - The portion of rainfall or snowmelt that is drained to the storm drains or otherwise does not evaporate or enter the groundwater.
Structure - A walled and roofed building or manufactured home that is principally above ground.
Subscribers - Persons contracting with a satellite cable provider to receive cable television reception services.
Substantial improvement - Any repair, construction, or improvement of a structure, the cost of which equals or exceeds fifty (50%) percent of the market value of the structure either:
For the purpose of this definition "substantial improvements" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. The term does not, however, include:
Sump pump - A pump for disposing of storm drainage or ground water collected by foundation drains or seepage to a common point.
Superintendent - The superintendent of water and wastewater facilities, wastewater treatment works, and/or water pollution control of the city or his authorized deputy, agent, or representative. Also refers to the superintendent of streets of the city or his authorized deputy, agent, or representative.
Suspended solid – SS - Total suspended matter that either floats on the surface of, or is in suspension in water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in “Standard Methods for the Examination of Water and Wastewater” and referred to as non-filterable residue.
Unpolluted water - Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
Wastewater - The spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water, and storm water that may be present.
Wastewater facilities - The structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and dispose of the effluent.
Wastewater treatment works - An arrangement of devices and structures for treating wastewater, industrial wastes, and sludge. Sometimes used as synonymous with “waste treatment plant,” “wastewater treatment plant,” or “water pollution control plant.”
Watercourse - A natural or artificial channel for the passage of water either continuously or intermittently.
Wooden building - A frame or building of which the external or division walls are constructed in whole or in part of wood, and having more wood on the exterior than that required for the door and window frames, doors, sash, shutters, verandas and steps, and all frame buildings and sheds, although the sides and ends are proposed to be covered with corrugated iron or other metal, or veneered with brick.
Yard Waste - Debris such as grass clippings, leaves, garden waste, brush and trees. “Yard Waste” does not include tree stumps.
Section 1-4 Continuance of city’s rights and obligations.
Section 1-5 Code does not impair vested rights or valid obligations.
Nothing in this Code shall be so construed as to impair any vested rights or valid obligations existing when it takes effect.
Section 1-6 Territorial applications of Code.
Except as otherwise provided in this Code or by state law, the provisions of this Code shall be applicable in and over all territory within the corporate limits of the city and any public ground or park belonging to the city, whether within or without the corporate limits, and in and over all places, except within the corporate limits of another municipality, within one mile of the corporate limits of the city or of any public ground or park belonging to the city outside the corporate limits.
Section 1-7 Continuation in force of prior ordinances and resolutions.
All ordinances and resolutions in force when this Code takes effect which are not inconsistent with its provisions shall continue in force and effect until repealed or amended as provided by law.
Section 1-8 Miscellaneous ordinances not affected by Code.
Nothing in this Code shall affect the validity of any of the following:
Section 1-9 General penalty; continuing violations.
Wherever in this Code or in any ordinance of the city an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or wherever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefore, any person who shall be convicted of any such violation shall be punished by a fine of not more than $200.00. Each day any violation of this Code or other ordinance continues shall constitute a separate offense. In addition, such person shall pay all costs and expenses involved in the case.
Section 1-10 Liability of corporations for violations.
For a violation of this Code or any other ordinance of the city which, by nature, does not require intent exercisable only by natural persons, a corporation may be fined or punished by appropriate penalties in addition to any punishment provided for its agents who violate this Code or other ordinances while acting as such agents.
Section 1-11 Prosecution’s election when offense created by more than one section.
In all cases where the same offense is made punishable or is created by different clauses or sections of this Code, the prosecuting officer may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.
Section 1-12 Powers and authorities are cumulative; separability of parts of Code.
Except as otherwise expressly provided, all powers and authorities conferred by any provision of this Code shall be cumulative and additional to, and not in derogation of, any powers and authorities otherwise existing. Notwithstanding any other evidence of intent, it is hereby declared to be the controlling intent of the common council that, if any provision of this Code or the application thereof to any persons or circumstances, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this Code, or its application to other persons or circumstances, but such judgment shall be confined in its operation to the provisions of the particular chapter, section, subsection or provision involved, or the application thereof to the persons and circumstances directly involved in the controversy in which such judgment is rendered.
Section 1-13 Effect of Repeal.
Chapter 2
Abandoned Vehicles
Section 2-1 Declaration of public interest in disposal.
Abandoned, derelict, and junk motor vehicles and other scrap metals constitute a hazard to the health and welfare of the people of the city in that such vehicles and other scrap metals can harbor noxious diseases, furnish shelter and breeding places for vermin, and present physical dangers to the safety and well-being of children and other citizens. Abandoned, derelict, and junk motor vehicles and other scrap metals also constitute a blight on the landscape of the city, and therefore, are a detriment to the environment. The indiscriminate abandonment and retirement of motor vehicles and other scrap metals constitute a waste of valuable sources of useful metal. It is therefore in the public interest that the present accumulation of abandoned, derelict, and junk motor vehicles and other scrap metals be eliminated, that future abandonment, dereliction, and junking of motor vehicles and other scrap metals be discouraged, that the expansion of existing scrap recycling facilities be developed, and that other acceptable and economically useful methods for the disposal of abandoned, derelict, and junk motor vehicles and other scrap metals be developed. (SDCL 32-36-1)
Section 2-2 Authority of removal agency.
Any removal agency may:
4. Secure transportation to processing centers for any abandoned or junk motor vehicles and other scrap metals. (SDCL 32-36-3)
Section 2-3 Entry on land for purpose of removal.
Any removal agency may secure the necessary authorization or license from the owner or tenant of any land. After such authorization has been secured the removal agency may enter upon the land for the purpose of removing any abandoned or junk motor vehicles or other scrap metals. (SDCL 32-36-4)
Section 2-4 Title information to removal agency.
Any removal agency may obtain the last known address of the record holder of title and any readily identifiable lien holders from the Department of Revenue. (SDCL 32-36-5)
Section 2-5 Notice to owner after removal.
Within ten (10) days after any abandoned or junk motor vehicle or other scrap metal has been removed, written notice shall be sent by certified mail to the registered owner, if any, of the abandoned or junk motor vehicle or scrap metal and to all readily identifiable lien holders of record. The notice shall set forth:
Section 2-6 Vesting of title in removal agency after notice sent - Time allowed for holder of title or lienholder to reclaim - Notice of intent to reclaim - Failure to reclaim.
Notwithstanding any statutes to the contrary, title to any abandoned or junk motor vehicle, any impounded vehicle, or other scrap metal shall vest in the removal agency after a period of thirty (30) days from the date on which notice was sent under Section 2-5. The record holder of title or the lienholder may reclaim the motor vehicle or other scrap metal. The lienholder and record holder of title shall notify the South Dakota Department of Revenue in writing within thirty (30) days of their intent to reclaim the motor vehicle. However, if the record holder of title fails to claim and remove the motor vehicle or other scrap metal within thirty (30) days after mailing of notice, title to the vehicle is irrevocably vested in the removal agency. (SDCL 32-36-9)
Section 2-7 Application for certificate of title by removal agency.
The removal agency shall apply to the South Dakota Department of Revenue for a salvage title for any salvage or junk vehicle. If a vehicle is not a salvage or junk vehicle, the removal agency shall apply for a certificate of title to the department. Such title when issued shall be stamped on the front and back with the words “abandoned vehicle.” If the title to the motor vehicle is a salvage title or a rebuilt title, a salvage or rebuilt title shall be issued for the vehicle.
The removal agency when applying for a certificate of title or salvage title shall be subject to the requirements of SDCL 32-3. If an owner or lien holder does not surrender the title to the motor vehicle or other scrap metal to the removal agency, the removal agency shall submit, with its application for title, copies of written notices required by SDCL 32-36-8 and an affidavit stating the date notices were sent and listing the persons to whom they were sent.
Chapter 3
Administration
Article I. In General
Alderman. A person elected from such person’s ward of the city to serve on the city council, also referred to as councilman.
Council. The words “council,” “common council” or “city council” shall mean the city council of the City of Menno, constituting the governing body of the city.
Councilman or council member. A person elected from such person’s ward of the city to serve on the city council, also referred to as alderman.
Defaulter. A defaulter is an official who, while serving in an official capacity, misappropriates or fails to account for public funds.
Employee. The term “employee”, as used in this chapter, is defined to include all persons who receive compensation for personal services rendered to the city and who are not officers as defined below.
Oath. “Oath” includes affirmation.
Officer. An “officer” is defined to include all appointive and elective officers of the city, or the several offices, boards and departments thereof.
Officers, employees, etc. Whenever reference is made in this Code to a city officer, employee, department, board or commission by title only, this shall be construed as though followed by the words “of the City of Menno” and shall be taken to mean the officer, employee, department, board or commission of this city having the title mentioned or performing the duties indicated.
Section 3-2 Time and place of regular meetings.
The council shall hold its regular meetings on the first Monday of each month at the city hall, at such hour as the council shall fix by resolution. If a regular meeting day shall fall upon a holiday, the regular meeting shall be held on a day chosen by the council. (SDCL 9-8-8)
Section 3-3 Notice of meeting.
At least 24 hours prior to each regular council meeting, a notice, including the proposed agenda, must be posted at city hall visible to the public. (SDCL 1-25-1.1)
Section 3-4 Special meetings.
A special meeting may be called by the mayor or any two council members at any time, to consider such matters as shall be mentioned in the call for such meeting. (SDCL 1-25-1.1)
Section 3-5 Notice of special meetings.
If possible, 24 hours prior to each special meeting, a notice, including the proposed agenda, must be posted at city hall visible to the public. Notice of special meetings shall be given in person, by mail, or by telephone to all city council members and to members of the local news media who have requested notice, to the extent that circumstances permit. (SDCL 1-25-1.1)
Section 3-6 Action to reconsider or rescind at special meeting.
No vote of the council shall be reconsidered or rescinded at a special meeting unless at such special meeting there be present as large a number of council members as were present when such vote was taken. (SDCL 9-8-11)
Section 3-7 Meetings open to public; interference with meetings, etc.
Section 3-8 Attendance may be compelled; penalty for failure to attend.
The council may compel the presence of absent members by sending the chief of police or any police officer to require their attendance. If any member refuses to attend after being so notified, he shall state his reasons therefore to the council at its next meeting. If the council deems such reasons insufficient, the council may impose any reasonable penalty of up to $200. (SDCL 9-8-8)
Section 3-9 Quorum.
A majority of the council members elected shall constitute a quorum to do business, but a less number may adjourn from time to time and may compel the attendance of absentees, as provided in Section 3-8 and may impose a penalty for not attending in an amount of up to $200.00. (SDCL 9-8-8)
Section 3-10 Deferment of final action on council committee reports.
Upon the request of any two council members present, any report of a committee of the council shall be deferred for final action thereon to the next regular meeting of the council after the report is made. (SDCL 9-8-9)
Section 3-11 Voting.
4. No vote of the council shall be reconsidered or rescinded at a special meeting unless at such special meeting there be present as large a number of council members as were present when such vote was taken. (SDCL 9-8-11)
Section 3-12 Adjourned meeting.
The council may take an adjournment of a meeting to a later date, in which event the adjourned meeting shall be considered as a part of the first meeting.
Section 3-13 Parliamentary rules.
Robert’s Rules of Order, Newly Revised, are hereby adopted as the rules to govern the deliberations of the council, insofar as applicable.
Section 3-14 Expulsion of members.
Whenever two-thirds vote of the whole number of the council shall concur, the council may expel any member of the council for gross misconduct, disorder or repeated violation of duty.
Section 3-15 Compensation of members.
Compensation for council members shall be set by resolution of the council and published as part of the annual salary listing.
Sections 3-16 – 3-25 Reserved
Section 3-26 Mayor -Term of office.
The mayor shall be the chief executive of the city. The mayor shall hold office for two years. A person may hold the office of mayor for more than one term.
Section 3-27 Qualifications of mayor.
No person is eligible to be nominated, elected or appointed as a mayor unless such person is a citizen of the Untied States, has resided in the city for three months, and is a registered voter of the city. Statute provides that no person who is a defaulter to the city can be an officer. (SDCL 9-14-2)
Section 3-28 Powers and duties of mayor.
The mayor shall, except as provided in Section 3-50, preside at all meetings of the council but shall have no vote except in case of a tie. The mayor shall perform such other duties as may be prescribed by the laws and ordinances and take care that such laws and ordinances are faithfully executed. He shall give the council information relative to the affairs of the city and shall recommend for their consideration such measures as he may deem expedient. The mayor shall have the power to sign or veto any ordinance or resolution passed by the council, and the power to veto any part or item of an ordinance or resolution appropriating money. (SDCL 9-8-3)
Section 3-29 Vacancy in office of mayor.
If there is a vacancy from any cause in the office of the mayor, the vacancy shall be filled by appointment by a majority vote of the members-elect of the common council, as soon as practicable after the vacancy occurs, to serve until the office is filled by election for the unexpired term at the next annual municipal election. Until the vacancy is filled or during the time of temporary disability of the mayor, the powers and duties of mayor shall be executed by the president of the city council. (SDCL 9-8-2)
Section 3-30 – 3-45 Reserved
Section 3-46 Composition of city council – Election and terms of office of aldermen.
The city council shall consist of the mayor elected at large and two aldermen elected from and by the voters of each ward of the city, who shall hold office for two years and until their successors are elected and qualified. A person may hold office for more than one term. (SDCL 9-8-4)
Section 3-47 Qualifications of city council members.
No person is eligible to be nominated, elected or appointed as an alderman unless such person is a citizen of the Untied States, has been a resident of the city for three months, is a registered voter of the city and resides in the ward for which he has been elected to serve. No person who is a defaulter to the city can be an officer. (SDCL 9-14-2)
Section 3-48 Power of council to judge members and govern proceedings – Bribery vacating office.
The council shall be the judge of the election and qualifications of its own members. It shall determine its own rules of procedure, punish its members for disorderly conduct, and, with the concurrence of two-thirds of the aldermen elected thereto, may expel a member. (SDCL 9-8-5)
Any alderman who shall have been convicted of bribery shall thereby vacate his office. (SDCL 9-8-5)
Section 3-49 Vacancy on city council.
When a vacancy exists on the city council, the remaining members, by majority vote, shall appoint a replacement to serve until the next annual city election. Such appointment must be a qualified person from the ward in which such vacancy exists. There shall not be a special election held to fill a vacancy before the date of the annual city election. (SDCL 9-13-14.1)
In cases where the mayor or a member of the city council is called to active duty in the military, that person may temporarily resign and a temporary replacement may be made. The replacement serves until the person called to active duty returns from active duty or until the expiration of the original term, whichever occurs first.
(SDCL 3-4-8)
Section 3-50 President and vice-president of council.
At the first regular meeting after the annual election in each year and after the qualification of the newly elected aldermen, the council shall elect from among its own members a president and vice-president who shall hold their respective offices for the municipal year. (SDCL 9-8-7)
The president of the council, in the absence or disability of the mayor, shall be the presiding officer of the council and shall possess all the powers of the mayor. (SDCL 9-8-7)
In the absence or disability of the mayor and president of the council, the vice-president shall perform the duties of the mayor and president of the council and shall possess all the powers of the mayor and president of the council. (SDCL 9-8-7)
Section 3-51 Grounds for removal.
Any member of the city council may be removed from office for misconduct, malfeasance, nonfeasance, crimes while in office, drunkenness, gross incompetence, corruption, theft, oppression, or gross partiality.
Section 3-52 – 3-65 Reserved
Section 3-66 Officers and employees.
Whenever reference is made in this Code to a city officer or employee by title only, it shall be construed as though followed by the words “of the City of Menno” and shall be taken to mean the officer or employee of this city having the title mentioned or performing the duties indicated.
No provision of this ordinance designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided in this ordinance for a failure to perform such duty, unless the intention of the city council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the Section creating the duty.
Section 3-67 Authority to appoint municipal officers.
All appointive officers of the city shall be appointed by the mayor with the approval of the council. (SDCL 9-14-3)
In the case of a vacancy, the following officers will be appointed:
Section 3-68 Commissions and certificate of appointment.
All appointed officers, except the finance officer and police chief, shall be commissioned by warrant under the corporate seal and signed by the mayor and finance officer. The police chief shall be commissioned by warrant, under the corporate seal, signed by the president of the council. The mayor shall issue a certificate of appointment under the seal of the city to the finance officer. (SDCL 9-14-4)
Section 3-69 Residence requirements.
There are no residence requirements for appointive officers. (SDCL 9-14-2)
Section 3-70 Qualifications and entry into office.
Each appointed municipal officer shall enter upon the discharge of their duties as soon as they shall have duly qualified and shall hold office until the appointment and qualification of their successor. (SDCL 9-14-5)
Each elective municipal officer, when elected to fill a vacancy, shall enter upon the discharge of their duties as soon as they shall have duly qualified; and, every such officer, when elected for a full term, shall enter upon the discharge of their duties on the first Monday of May next succeeding his election or as soon thereafter as they shall have duly qualified, except as otherwise provided. (SDCL 9-14-5)
Section 3-71 Oath of office.
All appointed and elective municipal officers before entering upon the discharge of their duties shall take and subscribe an oath or affirmation of office in the following form: (SDCL 9-14-6)
“I do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of South Dakota, and that I will faithfully discharge the duties of the office of __________________ according to the best of my ability.”
Section 3-72 Bond requirements.
The city council shall approve and furnish a bond for the finance officer in an amount annually established by the city council and equal to the maximum monetary total estimated to be on hand at any one time, but the amount of such bond required may not exceed one hundred fifty thousand (150,000) dollars. The bond will be filed in the finance office. (SDCL 9-14-6.1.)
Section 3-73 Removal from office.
The mayor shall have power, except as otherwise provided, to remove from office any officer appointed by him, whenever the mayor shall be of the opinion that the interests of the city demand such removal. The mayor shall report the reasons for the removal to the city council at its next regular meeting. (SDCL 9-14-13)
Section 3-74 City attorney duties.
When required by the city council or any officer of the city, the city attorney shall furnish an opinion upon any matter relating to the affairs of the city or the official duties of such officer, conduct the prosecution of all actions or proceedings arising out of the violation of any ordinance, and perform such other professional services incident to his office as may be required by ordinance or directed by the city council. (SDCL 9-14-22)
Section 3-75 Finance officer duties.
The finance officer shall in all things perform any duties required by state law to be performed by the city auditor or the city treasurer and any references in state law to duties, obligations or requirements of the city auditor or city treasurer shall be deemed as reference to and duties of the finance officer. (SDCL 9-14-17 – 9-14-21)
Section 3-76 Additional duties of municipal officers.
The city council may prescribe by resolution additional duties to be performed by any municipal officer not inconsistent with the laws of this State. (SDCL 9-14-27)
Section 3-77 Civil process fees accounted for by policemen
The chief of police or any other policemen, receiving a salary for his services, shall account for and pay over on or before the end of each month to the finance officer all fees received by him in the service of any civil process, taking a receipt therefore and filing an itemized account thereof with the finance officer. (SDCL 9-14-29)
Section 3-78 Delivery of records and property to successor in office – Liability and penalties for refusal.
Any person having been an officer of the city shall, within five (5) days after demand, deliver to the city finance officer or his successor in office all books, property, and effects of every description in his possession belonging to the city or pertaining to his office. Upon refusal to do so he shall be liable for all damages caused thereby and to such penalties as may be prescribed by ordinance. (SDCL 9-14-39)
Section 3-79 Compensation of officers and employees.
Compensation for officers and employees shall be set by resolution of the council and published as part of the annual salary listing.
The city may appropriate funds to pay the necessary expenses of its officers or employees in conducting such business or attending such meetings within or without the State of South Dakota as the city council shall determine necessary to carry out its authorized municipal activities.
Section 3-81-100 Reserved
Section 3-101 Establishment
There is hereby established and created within and for the city a Board of Health consisting of the members, officers, assistants, and employees, who shall be clothed by the powers and duties hereinafter set forth. (SDCL 9-32-2)
Section 3-102 Appointment of officers and members.
The board of health shall consist of the health officer who shall be, if available, a graduate of a reputable medical college, and one council member from each ward of the city. The mayor shall appoint the members of said board and all officers, employees and assistants thereof, at the first meeting of the city council in the month of May in each year, and fill all vacancies thereof.
Section 3-103 Meetings of the board.
Meetings of the board shall be held with such frequency as it shall determine. Meetings may be called by the health officer at any time and shall be called by him at the request of two members of the board.
Section 3-104 Duties and powers of the board.
The board of health shall exercise general supervision over the health of the city and put into effect all necessary measures to promote the health and cleanliness thereof. It shall have all those powers and duties as may be provided by law. (SDCL Chapter 9-32)
It shall be the duty of the board of health to ascertain and cause all nuisances declared in this ordinance to be abated, and said board shall have authority in the daytime to enter any house, stable, store, or building, in order to make a thorough examination of cellars, vaults, sinks or drains; to enter upon all lots and grounds and cause all stagnant waters to be drained off and filled up or otherwise purified; and to cause all noxious, harmful, foul-smelling, and offensive substances to be abated or removed.
Section 3-105 Duty of health officer.
The health officer shall be the executive officer of the board. He shall take notice of all ordinances relating to the sanitary condition of the city and enforce the same, and to this end he is hereby authorized to enter in the day time, any premises, houses, or buildings in the city.
Section 3-106 Police powers of inspectors.
All members of the health department shall have all rights, duties, and obligations of police officers and shall enforce and effectuate all laws of the State of South Dakota, ordinances of the city and rules of the board of health relating to the general health of the city.
Section 3-107 Quarantine.
The board of health may declare quarantine in the city or any part thereof against a contagious disease prevailing there or elsewhere and against all persons and things likely to spread contagion or infection. The board of health shall have authority to enforce such quarantine until the same is raised by it, and may confine any person affected with, or likely to spread contagion or infection, to the house or premises in which he resides, or to a place provided by the board for that purpose.
Section 3-108 Right to enter premises.
The board of health or any duly authorized representative thereof is hereby empowered, when it shall be deemed necessary to secure or preserve the public health, to enter into or upon any premises, buildings, or other places open to the public to examine into the condition of building, premise, or other place, or of any person occupying the same or working therein or thereon, and also to examine, analyze or test any products or goods manufactured, stored, kept for sale upon or in any building or premises, and if, after such examination analysis or test, such products or goods shall be found unfit for human food, or unsanitary, to condemn or destroy all such foodstuffs, goods, or products.
Chapter 4
Alcoholic Beverages
Section 4-1 Definition of terms.
For the purposes of this Chapter, all of the terms used herein are defined as they are defined in SDCL Title 35.
Section 4-2 Required license.
No person shall engage in business as a distiller, wholesaler, package dealer, a club, dining car company, a transportation company, or solicitor of intoxicating liquor until he shall have procured a license covering the class of business operation to be engaged in by him within the city, except as provided by law.
Section 4-3 Number of licenses.
There shall be issued within the municipality not to exceed three (3) on-sale and two (2) off-sale licenses. All club licenses shall be counted as on-sale licenses for purpose of limitation of the number of licenses. (SDCL 35-4-10 & 35-4-10)
Section 4-4 Classifications and fees.
The following classifications are established for on and off-sale dealers in distilled spirits, wines, and malt beverages:
The fees for the licenses to engage in the selling of alcoholic beverages shall be set by resolution of the city council.
Section 4-5 License removal.
No licenses under any class may be moved from the location for where it was issued to another location within the corporate limits of the city without permission of the council.
Section 4-6 No deliveries of liquor.
No package dealer as defined by law shall be permitted, within the city, to make any deliveries of intoxicating liquor outside of his place of business. (SDCL 35-4-74)
Section 4-7 Possession in a public place.
No person shall be permitted to have an unsealed original package in his possession in a public place within the city. Provided, however, that this shall not apply to an on sale dealer who shall have unsealed packages with proper stamps on his premises from which to serve his customers; and provided, further, that for the purpose of this provision a hospital or sanitarium shall not be considered to be a public place and patients in said hospital or sanitarium may have unsealed original packages.
Section 4-8 Selling hours.
No licensee of any class within the city shall sell any intoxicating liquor outside of the hours in which his license permits him to sell.
Section 4-9 Selling liquor on Sundays.
The council may at its discretion provide any on-sale liquor establishment the right to sell, serve, or allow to be consumed alcoholic beverages between the hours of eleven o'clock a.m. and twelve midnight on Sunday with the serving of food where said licensee has facilities for the serving of prepared meals from a fixed restaurant with the simultaneous seating capacity of at least thirty-five (35) patrons; and (SDCL 35-4-2.1)
Pursuant to the authority granted by SDCL 35-4-81.1, the city hereby permits the sale of alcoholic beverages by off-sale licensees on Sundays. No sales of alcoholic beverages by off-sale licensees may be made on Sundays between the hours of twelve o'clock midnight and seven o'clock a.m. of the following day.
Section 4-10 Off-sale sales.
No package or off-sale licensee within the city shall sell or allow to be sold alcoholic beverages between the hours of twelve o'clock midnight and seven o'clock a.m. of the following day. No distilled spirits or wine may be sold on Memorial Day or Christmas Day. (SDCL 35-4-81.1)
Section 4-11 On-sale sales.
No on-sale licensee within the city shall sell, serve, or allow to be consumed on the premises covered by the license, alcoholic beverages between the hours of two o'clock a.m. and seven o'clock a.m. or on Sunday after two o'clock a.m., or on Memorial Day after one o'clock a.m. or at any time on Christmas Day. The Sunday exclusion contained above shall not apply to those licensee's who shall obtain a license for the sale of alcoholic beverages on Sunday as provided in Section 4-9 of this Ordinance. It shall be unlawful for any licensee, employee, agent, or servant of an on-sale liquor establishment whose principle business is the sale of alcoholic beverages to allow any patron or customer to remain on the premises after the above designated closing time. (SDCL 35-4-81)
Section 4-12 Central Standard Time and Central Standard Daylight Savings Time.
All times for opening and closing hours prescribed in Sections 4-8, 4-9, 4-10, and 4-11 shall be Central Standard Time or Central Standard Daylight Savings time when such time is in effect in the city.
Section 4-13 Serving liquor outside of establishment.
No on-sale dealer shall be permitted to serve within the city any intoxicating liquor outside of the premises for which his license was issued. (SDCL 35-4-75)
Section 4-14 Unsealed container.
It shall be unlawful for any person to possess an alcoholic beverage in an unsealed container or in an open receptacle either within or without a motor vehicle, on any sidewalk, street, alley, or highway within the city limits.
This Section shall not apply:
Section 4-15 Possession of open bottle or can.
It shall be unlawful for any person to consume or have in his possession an opened bottle or can of alcoholic liquor, as defined in SDCL 35-1-9.1 through 35-1-9.3, upon any public street or alley either within or without a motor vehicle within the city limits or upon any public right-of-way or highway within one (1) mile of the city limits. (SDCL 35-3-1)
Section 4-16 Beer Garden.
Section 4-17 Entertainment.
It shall be unlawful for any person owning, renting, leasing, operating, or managing any establishment that sells, by the drink or for consumption on the premises, intoxicating liquor or alcoholic beverages, wine or beer, in which the establishment has had a license application approved or recommended to be approved by the governing body of the city, to cause, allow, or permit any person in or about such establishment, while in the presence of any other person in such establishment, to fail to conceal with fully opaque covering, the sexual or genital parts of his or her body.
It shall also be unlawful for any patron to have physical contact with an entertainer during the course of a performance on a licensed premise except under the following conditions:
Any entertainer performing in an establishment, as defined above, must be at least twenty-one (21) years of age and have proper identification.
In addition, upon proof of violation of this Section, any license approved or recommended to be approved by the governing body of the city, may be revoked or suspended.
Chapter 5
Animals
Section 5-1 Animals running at large.
No person owning or having possession of, charge, custody, or control of any horse, cow, mule, donkey, swine, sheep, goat or dog, shall cause, permit or allow the same to stray or run or in any other manner to be at large in or upon any unenclosed lot or place, public or private, in the city; nor shall any person owning or having possession, charge, custody or control, of any animal cause or permit or allow the same to be staked out or to herd or graze any animal upon any unenclosed private lot or land in the city in such manner that the rope or other attachment by which the animal is tied may permit such animal to be or to go beyond the boundaries of the unenclosed private lot or land. Any animal suffered or permitted to be at large or otherwise to be within the city in violation of the provisions of this Section is hereby declared to be a nuisance and a menace to public health and safety.
Section 5-2 Cruelty to animals.
No person shall cruelly treat any animal in the city in any way; any person who inhumanely beats, underfeeds, or overloads, or abandons any animal shall be deemed guilty of a violation of this section.
Section 5-3 Housing prohibited.
No person shall cause or allow any stable or place where any animal is, or may be kept, to become unclean, or unwholesome; and it shall be unlawful to keep any live swine or pigs in the city.
Section 5-4 Noises.
It shall be unlawful to harbor or keep any animals which disturb the peace by loud noises at any time of the day or night.
Section 5-5 Unlawful keeping and public nuisance.
The maintenance of coops, structures or enclosures and the keeping therein of chickens, ducks, geese, turkeys, pigeons, or other fowl, and the keeping of cattle, horses, mules, donkeys, goats, sheep, or rabbits within seventy-five (75) feet of any building or structure occupied by, or intended to be occupied by human beings as a residence or a business, within the city, is unlawful and a public nuisance.
Boundaries - Changing Municipal Boundaries
Section 6-1 Annexation of contiguous territory on petition.
Upon receipt of a written petition requesting the annexation of territory contiguous to the city, describing the boundaries of such territory, the city council may by resolution include such territory or any part thereof within the city if the petition is signed by not less than three-fourths of the registered voters and by the owners of not less than three-fourths of the value of the territory sought to be annexed to the city.
For purposes of this section, “contiguous” includes territory separated from the city by reason of intervening ownership of any land used as a golf course or any land owned by the State of South Dakota or any subdivision thereof. (SDCL 9-4-1)
Section 6-2 Study required before annexation without petition.
Before the city may extend its boundaries to include contiguous territory, the governing body shall conduct a study to determine the need for the contiguous territory and to identify the resources necessary to extend the municipal boundaries. (SDCL 9-4-4.1)
Section 6-3 Resolution of intent to annex
Based on the study provided for in Section 6-2, the governing body may adopt a resolution of intent to extend its boundaries. The resolution shall contain those items required by SDCL 9-4-4.11 as it now exists or may hereafter be amended.
Section 6-4 Notice to county commissioners and landowners of hearing on resolution – Adoption.
Prior to adoption, copies of the resolution of intent with a notice of time and place of the public hearing shall, not less than ten days prior to the date of the public hearing, be forwarded, by certified mail to the county commissioners and the affected landowners. The resolution of intent shall be adopted with or without amendments after the public hearing. The governing body shall utilize and rely upon the records of the county director of equalization for the purposes of determining the affected landowners. (SDCL 9-4-4.3)
Section 6-5 Hearing on annexation--Notice to county commissioners and landowners--Adoption of annexation resolution--Contents.
The governing body shall hold a public hearing to consider extension of its boundaries within sixty days of the adoption of the resolution of intent provided for in Section 6-3. Prior to adoption of the resolution of annexation, a copy of the adopted resolution of intent and a notice of public hearing giving the time and place of the public hearing on the resolution of annexation shall be forwarded by certified mail to the county commissioners and the affected landowners. The governing body shall utilize and rely upon the records of the county director of equalization for the purposes of determining the affected landowners. The governing body may adopt an annexation resolution, containing the description and boundaries of the territory to be annexed within one hundred and twenty days of the public hearing. The governing body shall consider any objections to the resolution of annexation and the adopted resolution of intent, and may adopt the resolution of annexation with or without amendments, and may also add to the resolution of annexation any amendments to the resolution of intent. No amendment may be made affecting any property not described in the original resolution. (SDCL 9-4-4.4)
Section 6-6 Petition for exclusion of territory from municipality--Resolution of governing body.
On petition in writing signed by not less than three-fourths of the legal voters and by the owners of not less than three-fourths in value of the property in any territory within any municipality being upon the border thereof and not being laid out into lots and blocks, the governing body may by resolution exclude such territory therefrom; provided, however, that if all the land sought to be excluded is more than one-half mile from any platted portion of the municipality, the petition in such case need be signed by the owner only. (SDCL 9-4-6)
Section 6-7 Publication of petition for exclusion of territory.
No final action shall be taken by the governing body upon any petition presented in pursuance of the provisions of Section 6-6 until notice of the presentation of such petition has been given by the petitioners by publication at least once each week for two successive weeks. (SDCL 9-4-7)
Section 6-8 Petition to circuit court for exclusion of territory after refusal by governing body.
Upon the failure of the governing body to grant the request contained in a petition presented in accordance with the provisions of Sections 6-6 & 6-7, for thirty days after the last publication of the notice or upon a refusal to grant such request, the petitioners may present their petition to the circuit court of the county in which such municipality or the greater portion of it is situated, by filing such petition with the clerk of courts. (SDCL 9-4-8)
Section 6-9 Recording of resolution or decree changing municipal boundaries--Effective date.
Whenever the limits of any municipality are changed by a resolution of the governing body or by a decree of court it shall be the duty of the mayor or the president of the city council to cause an accurate map of such territory, together with a copy of the resolution or decree duly certified, to be recorded in the office of the register of deeds of the county or counties in which such territory is situated, and thereupon such territory shall become and be a part of such municipality or be excluded therefrom as the case may be. (SDCL9-4-11)
Chapter 7
Burning
Section 7-1 Open burning prohibited.
No person shall permit, cause, or allow to be caused, any open burning of any paper, garbage, leaves, grass, wood, trees, trash or other refuse substance or materials of any kind or nature, at any time, within the city limits.
Section 7-2 Exceptions.
Open burning is permitted at the City of Menno Restricted Use Site during appropriate hours and during such times as weather conditions will permit. The fire is to be lit, maintained, and supervised by an authorized city official at all times. Burning is to be done when the wind direction will carry the smoke/odor away from the city.
Open burning of a building, ditch, tree stump, or any other material that is not able to be relocated to the City of Menno Restricted Use Site will be allowed under the following conditions:
Section 7-3 Application is approved.
Section 7-4 Application is denied.
Chapter 8
Cable TV
Section 8-1 Grant of non-exclusive authority.
The city has approved of the legal, character, financial, technical, and other qualifications of Satellite Cable Services and the adequacy and feasibility of Satellite Cable Services construction arrangements as part of a full public proceeding affording due process, including notice to all interested persons and members of the public of the line extension provisions of Section 8-13 hereof. There is hereby granted by the city to Satellite Cable Services a non-exclusive franchise, right, and privilege to construct, erect, operate, modify, and maintain, in, upon, along, across, above, over, and under the highways, streets, alleys, sidewalks, public ways, and public places now laid out or dedicated and all extensions thereof, and additions thereto, in the city, poles, wires, cables, underground conduits, manholes, and other television conductors and fixtures necessary for the maintenance and operation in the city of a Cable Television System for the purpose of distributing television and radio signals, and other electronic pulses in order to furnish television and radio programs, and various communications and other electronic services to the public. The right so granted includes the right to use and occupy said streets, alleys, public ways, public places, and all manner of easements for the purposes herein set forth.
Section 8-2 Duration and renewal.
The Franchise granted herein shall terminate fifteen (15) years from date of the expiration of Cable Television Franchise #152, subject to renewal for periods of reasonable duration on the same terms or conditions as contained herein, or on such different or additional terms and conditions as may be lawfully specified by the city and as are consistent with the requirements of Rule 76.31 of the FCC. No renewal hereof shall be granted unless authorized by the city following a public hearing. Satellite Cable Services shall be awarded a franchise renewal provided its application shows that its CATV service during the preceding franchise period has reflected a good faith effort to serve the needs and interests of its service area.
Section 8-3 Compliance.
Satellite Cable Services shall, at all times, operate and maintain its Cable Television System in full compliance with the rules, regulations, and standards of the FCC. Satellite Cable Services, at all times, during the life of this franchise, be subject to all lawful exercise of the police power by the city and to any such reasonable regulations as the city shall hereafter provide.
Section 8-4 Territorial area.
This Franchise relates to the present territorial limits of the city and to any area annexed henceforth during the term of this Franchise.
Section 8-5 Liability and indemnification.
Satellite Cable Services shall, at all times, keep in effect the following types of insurance coverage:
Satellite Cable Services shall indemnify, protect, and save harmless the city from and against losses and physical damage to property and bodily injury or death to persons, including payments made under any Workman's Compensation Law which may be caused by the erection, maintenance, presence, use or removal of said attachments, poles, or other undertakings, within the city, or by any action of Satellite Cable Services, its agents, or employees. Satellite Cable Services shall carry insurance in the above described amounts to protect the parties hereto from and against all claims, demands, actions, suits, judgments, costs, expenses, and liabilities which may arise or result, directly or indirectly, from or by reason of such loss, injury, or damage. Satellite Cable Services shall also carry such insurance as it deems necessary to protect it from all claims under the Workmen's Compensation Laws in effect that may be applicable to Satellite Cable Services. The city shall give Satellite Cable Services prompt written notice of any such claims, demands, actions, suits, judgments, costs, expenses, or liabilities. All insurance required shall be and remain in full force and effect for the entire life of the rights granted hereunder.
Section 8-6 Operation and maintenance of system.
Satellite Cable Services shall render safe and efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest possible time. Such interruptions, insofar as possible, shall be preceded by notice and shall occur during periods of minimum use of the system.
Section 8-7 Service to schools and city.
Satellite Cable Services shall provide service to elementary or secondary school locations within the city at one (1) terminal junction for educational purposes upon request by the city or the school system and at no cost to the city or to the school system. This shall mean only an energized cable to such buildings. The cost of any internal wiring shall be borne by the institution.
Satellite Cable Services shall also provide the city, for connections to three (3) buildings to be elected by the city council, without charge, and one (1) terminal junction to each of said buildings at a location therein to be selected by the city.
Section 8-8 Emergency use of facilities.
In the case of any emergency or disaster, Satellite Cable Services shall, upon request of the city council, make available its facilities to the city for emergency use during the emergency or disaster.
Section 8-9 Other business activities.
Satellite Cable Services shall not engage in the business of selling, repairing, or installing television receivers, radio receivers, or accessories for such receivers with the city during the term of the Franchise.
Section 8-10 Safety requirements.
Satellite Cable Services shall, at all times, employ ordinary care and shall use and maintain commonly accepted methods and devices for preventing failures and accidents which are likely to cause damages, injuries or nuisances to the public.
Section 8-11 New developments.
It shall be the policy of the city to amend this Franchise, upon application of Satellite Cable Services, when necessary to enable Satellite Cable Services to take advantage of any developments in the field of transmission of television and radio signals that will afford an opportunity more effectively, efficiently, or economically to serve its customers. Provided, however, that this Section shall not be construed to require the city to make any amendment or to prohibit it from unilaterally changing its policy stated therein.
Section 8-12 Limitations on rights granted.
Section 8-13 Removal of facilities.
Upon termination of service to any subscriber, Satellite Cable Services shall promptly remove all its facilities and equipment from the premises of such subscriber upon his request.
Section 8-14 Transfer of franchise.
The rights granted under this Franchise may be assigned or transferred by Satellite Cable Services. Provided, however, that the proposed assignee or transferee must show financial responsibility to the satisfaction of the city and must agree to comply with the provisions of this Chapter. The city’s acceptance of the financial responsibility of the assignee or transferee shall not be unreasonably withheld.
Section 8-15 Payment to the city.
During the term of the franchise granted hereunder and so long as Satellite Cable Services or its successors or assigns operate the Cable Television System, commencing from the date of institution of service to subscribers, Satellite Cable Services shall pay to the city annually three (3) percent of the annual gross subscriber revenue, as defined herein, of said Cable Television System as compensation for the said franchise.
Such payments by Satellite Cable Services to the city shall be in lieu of any occupation tax, license tax, or similar levy, and shall be paid annually. Nothing herein contained, however, shall in any way relieve Satellite Cable Services or its assigns or successors from the obligation of paying property taxes to the city or any other governmental subdivision of the State of South Dakota or any other taxes lawfully levied by the Sate of South Dakota on the operation of Satellite Cable Services. Such payment also does not affect the responsibility of Satellite Cable Services to collect state and local sales tax on the service provided.
Satellite Cable Services shall file with the city, within ninety (90) days after the expiration of any fiscal year of Satellite Cable Services during the term of the rights granted hereunder, a statement prepared by a Certified Public Accountant showing the gross subscriber revenues as defined herein. It shall be the duty of Satellite Cable Services to pay to the city within fifteen (15) days after the time for filing such statement, the amount due for the fiscal year covered by such statement. In no event shall any such payments be due and payable until the system is actually in operation with paying subscribers.
Section 8-16 Erection, removal, and common use of poles .
Section 8-17 Rates
Section 8-18 Complaint procedures.
Complaints regarding the quality of service, equipment malfunctions, and similar matters shall first be directed to Satellite Cable Services’ office. Should Satellite Cable Services fail to satisfy a complaint, it may then be directed to the finance officer for investigation. The complaining party and Satellite Cable Services shall be afforded a reasonable opportunity to present written statements of their position. The finance officer shall attempt to resolve the complaints but if this cannot be achieved, the finance officer shall submit a recommendation to the city council recommending that the complaint be dismissed or corrective action to be taken by Satellite Cable Services. Appeal from the commission’s action may be made to the appropriate judicial or administrative forum.
Section 8-19 Unauthorized receipt of service, tampering, and damage to property.
It shall be unlawful for any person to obtain any cable television services from any cable television company, or any firm or private person by installing, rearranging, or tampering with any facilities or equipment of said cable television company unless the same is done with the knowledge of and with the permission of the cable television company.
NOTE:
Satellite Cable Services, Inc. transferred its Franchise to Mediacom Minnesota LLC on August 2, 2000. The Resolution approving this transfer was approved by the Menno City Council on September 6, 2000.
Chapter 9
Cemetery
Section 9-1 Establishment
It is the intent of the governing body of the city that the city cemetery be maintained in an orderly manner. In order to control the appearance and allow proper maintenance, to promote the public health, safety, and welfare, certain rules and regulations are required.
Section 9-2 Maintenance policy.
Section 9-3 Snow removal.
Snow removal shall be authorized only when all of the surrounding grave markers and headstones are openly visible. This condition is rationally related to the prevention of damage to the grave markers and headstones by the operation of snow removal equipment.
All costs and expenses resulting from the removal of snow for the burial shall be paid by the decedent’s family. If the family does not pay for any reason, then a claim shall be filed against the decedent’s estate for such costs.
Section 9-4 Casket enclosure.
All coffins must be enclosed in a steel, concrete, or other approved burial vault.
Chapter 10
Section 10-1 Dogs running at large prohibited.
It shall be unlawful for any owner of a dog to allow such dog to run at large at any time beyond the limits of the land of its owner, and upon the streets, sidewalks, or other public or private property. A dog shall be considered not to be at large whenever the dog is under the immediate control of a person by means of a leash, chain, cord, or rope not more than six (6) feet in length and of sufficient strength to control the dog.
Section 10-2 Wild animals prohibited.
No wild animal may be kept within the city limits, except under such conditions as shall be fixed by the city, provided, however, that wild animals may be kept for exhibition purposes in accordance with such regulations as shall be established by the city.
Section 10-3 Vicious animals prohibited.
No person shall have in his possession any vicious animal or allow the same to be upon any public street, alley or ground within the limits of the city.
Section 10-4 Vicious animal defined, declared vicious.
Section 10-5 Enforcement
If an animal bites a person or another animal, or is declared vicious, the chief of police or any law enforcement officer may immediately seize the animal or may order the owner to deliver the animal to a location selected by the city council and/or chief of police within twenty-four (24) hours and the owner ordered to appear in court to show cause why this animal shall not be destroyed. If the owner of the animal fails to deliver the animal as ordered, the chief of police or any law enforcement officer shall use such means as is necessary to impound the animal.
To secure release from impoundment, the owner or possessor of the dog shall be fined in the following manner and required to pay to the city a release bond as follows:
Chapter 11
Elections
Section 11-1 Date of annual municipal election – Hours of voting.
An annual election for the election of officers shall be held on the second Tuesday of April of each year, at a place in the municipality as the city council shall designate. However, the city council may change the date for the annual election of officers to be in conjunction with a regular school district election or with a county election. (SDCL 9-13-1.1 & 9-13-1.2).
The polls at such election shall be kept open continuously from 7:00 a.m. to 7:00 p.m. (SDCL 9-13-1)
Section 11-2 Qualification to hold office.
No person is eligible to be nominated, elected or appointed as a mayor or as an alderman unless such person is a citizen of the United States, a voter of and resident of the City of Menno for at least three (3) months next preceding the election or appointment, and if an alderman, a voter of and resident of the ward for which such person is to hold office. (SDCL 9-8-1.1 & 9-14-2)
Section 11-3 Absence of contest.
No election shall be held in the city wherein there is no question to be submitted to the electors or wherein there are no opposing candidates for any office. In the case there are no opposing candidates the finance officer shall issue certificates of election to the nominees, if any, in the same manner as to successful candidates after election.
Section 11-4 Publication of notice of vacancies – Times.
The finance officer of the city shall have a notice published in the official newspaper of the city setting forth the vacancies which will occur by termination of the terms of office of elective officers. The notice shall also state the time and place where nominating petitions may be filed for such offices. The notice shall be published once each week for two consecutive weeks between the fifteenth (15th) day of January and the thirtieth (30th) day of January. (SDCL 9-13-6)
Section 11-5 Filing certificates of nomination.
No candidate for elective municipal office may be nominated unless a nominating petition is filed with the finance officer no later than five p.m. on the last Friday in February before the election. Such petition shall contain the name of the candidate, his residence address, and the office for which he is nominated and be on the form prescribed by the state board of elections. (SDCL 9-13-7)
Section 11-6 Number of signers required for nominating petitions.
If the candidate is to be voted for by the voters at large, a nominating petition shall be signed by fifteen registered voters of the city for each thousand or major fraction thereof of the population as shown by the last preceding federal census. No petition need be signed by more than fifty voters. (SDCL 9-13-9)
If the candidate is to be voted for by the voters of a ward or subdivision, a nominating petition shall be signed by at least five percent of the registered voters of such ward or subdivision. The percentage shall be based on the total number of registered voters voting in such ward or subdivision at the last preceding general election. No petition need be signed by more than fifty voters. (SDCL 9-13-9)
Section 11-7 Residence mailing address and date added to signature – Form and verification of petition.
Each voter signing a nominating petition or the person circulating such petition shall add to the voter’s signature the voter’s place of residence mailing address and the date of signing. The petition may be composed of several sheets, which shall have identical headings and shall be verified under oath by the persons circulating it, attesting the legality of the signatures thereon. (SDCL 9-13-11)
Section 11-8 Notice of municipal election.
A notice of each municipal election shall be published once each week for two successive weeks, the first publication may not be less than ten days prior to the election. A facsimile of the official ballot shall be published in the calendar week prior to each election. The notice and ballot shall be published in the official newspaper of the city. (SDCL 9-13-13)
Section 11-9 Special elections.
Every special election authorized by law shall be held upon the same notice, at the same polling places, be conducted, returned, and canvassed, and the result declared as provided herein for the annual municipal election.
The notice of such special election shall state any question or questions to be voted upon. (SDCL 9-13-14)
Section 11-10 Qualifications of voters.
Every person resident of this municipality who shall be of the age of eighteen years and upwards, not otherwise disqualified, who shall have complied with the provisions of law relating to the registration of voters shall be entitled to vote at any municipal election. (SDCL 12-3-1)
Section 11-11 Election precincts.
The city shall be divided into three wards that are defined as follows: (SDCL 9-13-16)
Ward 1: That portion of the City of Menno north of US Highway 18, and that portion of the City of Menno west of a line from US Highway 18 south on Fifth Street to Main Street, then west to Third Street, then extending south on Third Street to the city limits.
Ward 2: That portion of the City of Menno south of US Highway 18 and east of a line south on Fifth Street to Juniper Street, and that portion of the City of Menno north of Juniper Street east to the city limits, except for that portion east of Pine Street and South of Poplar Street.
Ward 3: That portion of the City of Menno west of Fifth Street, south of Main Street, and east of Third Street, extending south to the city limits; and that portion of the City of Menno east of Fifth Street, south of Juniper Street, extending south and east to the city limits; and that portion of the City of Menno east of Pine Street and south of Poplar Street, extending south and east to the city limits.
Section 11-12 General election laws
Except as otherwise provided, all municipal elections of the city shall be conducted canvassed, recounted, and contested under the election laws of this state.
Section 11-13 Precinct election boards – Composition – Compensation.
Each voting precinct shall be presided over by an election board consisting of a minimum of two precinct deputies and one precinct superintendent appointed by the governing body.
Each precinct superintendent and precinct deputy shall receive such compensation as shall be fixed by the governing body. (SDCL 9-13-16.1)
Section 11-14 Notice to persons elected – Time allowed for qualification.
The finance officer, within two days after the result of the election is declared, shall notify all persons elected to office of their election. If a person does not qualify within ten days after the first meeting next succeeding the election, the office shall become vacant. (SDCL 9-13-28)
Chapter 12
Emergency Vehicles
Section 12-1 Fire department vehicles.
Upon the approach of a fire department vehicle, drivers of vehicles shall comply with the provisions of the chapter relating to the approach of authorized emergency vehicles. It shall be unlawful for the driver of any vehicle, other than one on official business, to follow any fire apparatus in response to a fire alarm, closer than one block, or to park any vehicle within the block where the fire apparatus has stopped to answer a fire alarm.
Section 12-2 Operation of vehicles on approach of authorized emergency vehicle.
Upon the immediate approach of an authorized emergency vehicle, when the driver is given sign by flashing red lights or audible sign by siren or bell, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to and as close as possible to the right-hand edge or curb of the highway, clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.
This Section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.
Section 13
Fences, Hedges, or Walls.
As used in this ordinance, fence, hedge or wall shall include a fence, hedge, wall, column, pier, post, lattice-work, screen, or any similar structure or any combination of such structures.
Section 13-1 Erection of fences, hedges, or walls.
Fences, hedges and walls shall be:
1. Be a minimum of eighteen (18) inches from any public sidewalk or right-of-way.
2. Be a minimum of eighteen (18) inches from a property line, unless a written agreement with the abutting landowner is obtained.
3. Be constructed and maintained at a height and in an area where such structure will not obstruct a clear vision of intersecting roadways or otherwise constitute a traffic hazard.
4. Be thirty-six (36) inches or less in height, if such structure is solid or closed so as to prevent vision, and is located in a front yard. Open vision type structures, such as chain link fences, shall be forty-eight (48) inches in height or less when placed in a front yard.
5. Be eight (8) feet or less in height when located in a back yard or side yard (when a corner lot is involved).
6. Be constructed and maintained in good condition so as to serve the purpose for which such structure was originally constructed, so that it shall not be hazardous or dangerous to persons or animals, so that it shall not become unsightly to the neighborhood or otherwise constitute a nuisance.
Section 13-2 Barbed wire or electric fence.
Barbed wire or other sharp, pointed, or electrically charged fence is only permitted to contain livestock or to protect crops and other plantings and are only permitted if they do not endanger persons or animals.
Section 13-3 Use of material prohibited to build.
The use of boxes, sheet metal, old or decayed wood, broken masonry blocks or other like unsightly materials to build a fence, hedge or wall is prohibited.
Section 13-4 Exemptions.
Fencing around athletic facilities and public property shall be exempt from the requirements of this ordinance.
Chapter 14
Fire/Fire Department
Section 14-1 Fire districts and zones.
The entire city is declared to be a fire district, including the fire zone, which consists of the following blocks, including the lots therein:
All of Block One (1), and Two (2), and the North Half (N1/2) of Block Three (3), of the Original Plat of the Town, now City of Menno, Hutchinson County, South Dakota; and the West Half (W1/2) of Block One (1) and Block 2 (2), of A. Mettler’s 1st Addition; and the West Half (W1/2) of Block (4), of A. Mettler’s 4th Addition, all in the City of Menno, Hutchinson County, South Dakota.
Section 14-2 Exits in public buildings.
Every public building designated to accommodate two hundred (200) people or more shall have at least two (2) exits, each at least four (4) feet in width, and the doors at all such exits shall open outwards, and no chairs or seats shall be allowed in the aisles when the audience is present.
Section 14-3 Public building defined.
Every building used as an opera house, theater, dance hall, lodge hall, and any place where public meetings or assemblies are held, is hereby declared to be a public building within the meaning of this ordinance.
Section 14-4 Storage of inflammable substance.
No person, firm or corporation shall keep in store within the corporate limits of the city, a greater amount of petroleum, kerosene, gasoline, benzene, naphtha, or other inflammable fluid, except any such inflammable used and necessary for the purpose of heating the residence or building where stored, than ten (10) gallons at any time, without first obtaining the consent of the city council.
Section 14-5 Volunteer fire department established.
There shall be and is hereby established what shall be known as the Menno Volunteer Fire Department.
Section 14-6 Compensation.
No member of such fire company shall receive any compensation for his services therein.
Section 14-7 Officers.
The officers of such fire department shall embrace a chief, an assistant chief, a secretary, a treasurer, and such other officers as the said fire department shall deem necessary. The fire department shall be governed by the Constitution and By-Laws thereof heretofore approved.
Section 14-8 Duties of fire chief.
The fire chief shall be responsible for the discipline and proper conduct of the fire department, the enforcement of all laws and regulations pertaining thereto and for the care and condition of the property of the department. He shall have command of all members of the fire department and in case of his absence, the assistant fire chief or other officer placed in command, shall have the same powers as the fire chief would have. At all fires he shall have the full power of a police officer. He shall make a report to the city council annually of all fires that have taken place in the preceding year, giving the causes thereof, the names of owners and occupants, and the amount of loss.
Section 14-9 Powers of fire chief.
The fire chief may prescribe limits in the vicinity of a fire within which no person except those residing therein, members of the fire department, police force, and those admitted by the chief or his subordinate, shall be permitted to come. The chief or officer having charge at any fire may call upon any person present to assist the firefighters in their duties. The fire chief shall have the power to cause the removal of all wires or to turn off all currents interfering with the work of the fire department.
Section 14-10 Chief may remove buildings.
The fire chief, during the progress of any fire, whenever in his judgment it becomes necessary to check or control the same, shall have power to order any fence, building, or structure of any kind to be torn down and removed.
Section 14-11 Interfering with department.
No person shall willfully hinder or interfere with any city officer or fireman in the performance of his duty at, going to, or returning from, any fire, or while attending to his duty as a member of the fire department. Nor shall any person willfully or negligently drive any motor vehicle or other vehicle across or upon any hose.
Section 14-12 False alarm of fire.
No person shall knowingly give a false alarm or false report of a fire.
Section 14-13 Duties of police.
In the vicinity of a fire it shall be the duty of the chief of police and his assistants to preserve order, protect property, and give any other assistance needed.
Section 14-14 Fire apparatus.
No fire apparatus shall be taken out of the city unless under such regulations as the chief may establish, nor shall any fire apparatus be applied to any private use, nor taken from the house where it shall be usually kept, except in case of an alarm of fire, without the permission of the chief.
Section 14-15 Interfering with fire hydrants.
No person, except as authorized by the superintendent of the water department or the fire department in the discharge of their duties, shall open to take any water from any fire hydrant belonging to the city nor shall any person in any way interfere with, injure, break, or deface any fire hydrant. If any person requests any fire hydrant to be removed from its existing location and it is the opinion of the water department superintendent and the city mayor that the present location of said fire hydrant is satisfactory as far as the city is concerned, the person requesting the moving of said fire hydrant shall pay the entire cost of moving fire hydrant. Any person damaging a fire hydrant or water main or any connection thereto shall notify the water department or the city police at once, and the person responsible for the damage shall pay the cost of repairs or replacements.
Chapter 15
Firewood
Section 15-1 Storage of firewood.
No person shall store firewood within the city, except for use on the premises and in conformance with the following:
Chapter 16
Fireworks
Section 16-1 Fireworks.
It shall be unlawful for any person to buy, sell, give away, receive, deal in, have in possession, transport, use, discharge, or cause to be discharged, any pyrotechnics (commonly known as fireworks) of any kind whatsoever, within the city, except as hereinafter provided.
Section 16-2 Permission for fireworks displays.
Nothing herein shall prohibit the use of supervised and controlled public display of fireworks by an organization or association of persons, provided that such organization or association shall request permission from the city council and secure their approval prior to the public display.
Section 16-3 Sale of fireworks.
Nothing herein shall prohibit the transportation, delivery, storage, distribution (by sale or gift), and discharge of those items of fireworks normally sold by retailers within the State of South Dakota on those days specified by South Dakota law.
Section 16-4 Period and times during which retail sales permitted.
No person, firm, or corporation may offer fireworks for sale to individuals at retail before the twenty-seventh (27) day of June and after the fifth (5) day of July.
Retail sales are not permitted after twelve (12) a.m. or prior to seven (7) a.m. from the twenty-seventh (27) day of June through the fifth (5) day of July. (SDCL 34-37-10)
Section 16-5 Period and times to discharge fireworks.
The discharge of fireworks shall be unlawful except between the hours of 8:00 a.m. and 11:00 p.m. on the dates when the discharge of fireworks is allowed by South Dakota law - before the twenty-seventh (27) day of June and after the fifth (5) day of July.
Fireworks may be discharged on the Fourth of July between the hours of 8:00 a.m. and 12:00 midnight.
Section 16-7 Bottle rockets prohibited.
The discharge of fireworks commonly known as bottle rockets is expressly prohibited within city limits.
Chapter 17
Flood Prevention
Section 17-1 Authorization.
The legislature of the State of South Dakota has in SDCL 9-19 delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.
Section 17-2 Findings of fact.
The flood hazard areas of the city are subject to periodic inundation which results in loss of life, property, health and safety hazards, disruption of commerce and governmental services, extra-ordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare; and
These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood-proofed, elevated, or otherwise protected from flood damage also contribute to the flood loss.
Section 17-3 Statement of purpose.
It is the purpose of this Chapter to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
Section 17-4 Methods of reducing flood losses.
In order to accomplish its purpose, this Chapter includes methods and provisions for:
Section 17-5 Applicable lands.
This Chapter shall apply to all areas of special flood hazards within the jurisdiction of the city.
Section 17-6 Establishing areas of special flood hazards.
The areas of special flood hazard identified by the Federal Emergency Management Agency in its Flood Insurance Rate Map (FIRM), dated November 15, 1985, is adopted by reference and declared to be part of this Ordinance. The FIRM is on file in the city finance office.
Section 17-7 Compliance.
No structure or land shall hereafter be constructed, located, extended, or altered without full compliance with the terms of this Chapter and other applicable regulations.
Section 17-8 Abrogation and greater restrictions.
This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
Section 17-9 Interpretation.
In the interpretation and application of this Chapter, all provisions shall be:
Section 17-10 Warning and disclaimer of liability.
The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of the city, any officer or employee thereof, or the Federal Emergency Management Agency for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made thereunder.
Section 17-11 Permit procedures.
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 17-6. Application for a development permit shall be made on forms furnished by the flood control officer and may include, but not be limited to:
1. Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;
2. Elevation in relation to mean sea level to which any structure has been floodproofed;
3. Certification by a registered professional engineer or architect that the floodproofing methods for any non-residential structure meets the floodproofing criteria in Section 17-15 (B); and
4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
Section 17-12 Designation of the flood control officer.
A flood control officer shall be appointed by the city council to administer and implement these provisions by granting or denying development permit applications in accordance with these provisions.
Section 17-13 Duties and responsibilities of the flood control officer.
A. Permit review.
1. Review all development permits to determine that the permit requirements of this ordinance have been satisfied.
2. Review all development permits to determine that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required.
3. Review all development permits to determine if the proposed development adversely affects the flood carrying capacity of the area of special flood hazard. For purposes of this ordinance, “adversely affects” means damage to adjacent properties because of rises in flood stages attributed to physical changes of the channel and the adjacent over bank areas.
i. If it is determined that there is no adverse affect and the development is not a building, then the permit shall be granted without further consideration.
ii. If it is determined that there is an adverse effect, then technical justification, (i.e., a registered professional engineer) for the proposed development shall be required.
iii. If the proposed development is a building, then the provisions of this ordinance shall apply.
B. Use of other base flood data.
When base flood elevation data has not been provided in accordance with Section 17-11, the flood control officer shall obtain, review, and reasonably utilize any base flood elevation data available from a Federal, State or other source, in order to administer the specific standards of this title.
C. Information to be obtained and maintained.
1. Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure has been flood proofed.
2. For all new or substantially improved flood proofed structures:
i. Verify and record the actual elevation (in relation to mean sea level) to which the structure has been flood proofed.
ii. Maintain the flood proofing certifications required in Section 17-11.
3. Maintain for public inspection all records pertaining to the provisions of this title.
1. Notify adjacent communities and the South Dakota Planning Bureau prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.
2. Require that maintenance be provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.
Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions).
Section 17-14 General standards.
In all areas of special flood hazards the following standards are required:
A. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure and capable of resisting the hydrostatic and hydrodynamic loads;
B. All manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement and capable of resisting the hydrostatic and hydrodynamic loads. Methods of anchoring may include, but are not limited to, over-the-top and frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. Specific requirements shall be:
1. Over-the-top ties shall be provided at each of the four (4) corners of the manufactured home, with two (2) additional ties per side at intermediate locations, with manufactured homes more than fifty (50) feet long requiring one (1) additional tie per side;
2. Frame ties shall be provided at each corner of the home with five (5) additional ties per side at intermediate points, with manufactured homes more than fifty (50) feet long requiring four (4) additional ties per side;
3. All components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,800) pounds; and
4. Any additions to the manufactured home shall be similarly anchored.
C. All new construction and substantial improvements shall be constructed:
1. With materials and utility equipment resistant to flood damage;
2. Using methods and practices that minimize flood damage; and
3. With electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
D. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
E. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters;
F. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding;
G. All subdivision proposals shall:
1. Be consistent with the need to minimize flood damage;
2. Have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
3. Have adequate drainage provided to reduce exposure to flood damage.
H. Base flood elevation data shall be provided for subdivision proposals and other proposed development that contains at least fifty (50) lots or five (5) acres, whichever is less; and
I. Encroachments, including fill, new construction, substantial improvements, and other development shall be prohibited in any floodway unless a technical evaluation demonstrates that the encroachments will not result in any increase in flood levels during the occurrence of the base flood discharge.
Section 17-15 Specific standards.
In all areas of special flood hazards where base flood elevation data has been provided as set forth in Sections 17-14 (H), the following standards are required:
A. Residential Construction - New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation.
B. Non-residential Construction - New construction and substantial improvement of any commercial, industrial, or other non-residential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, shall:
1. Be flood proofed so that below the base elevation, the structure is water tight with walls substantially impermeable to the passage of water;
2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
3. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this Chapter. Such certifications shall be provided to the flood control officer.
Chapter 18
Licenses, Permits, and Bonds
Section 18-1 License required.
No person shall engage in any activity for which a license is required without first having obtained a license as required by ordinance.
Section 18-2 License application.
Except as otherwise provided, an applicant for license shall make and file an application in writing with the finance officer on the form prescribed. Such application shall contain information as required by the licensing authority or as provided by ordinance and must show that the applicant is eligible for the license for which the application is made. If required, the applicant shall verify the application.
Section 18-3 Permit Application.
Except as otherwise provided, all applications for permits shall be made in writing to the finance officer, and no permit shall be issued until all information requested by the finance officer in said application shall have been furnished by the applicant. Permit applications shall be furnished by the finance officer.
Section 18-4 Payment of license or permit fee.
An applicant for license or permit shall pay the amount of the license fee to the finance officer. The finance officer shall present the applicant with a receipt for the license or permit, showing the kind of license or permit for which the fee was paid and the amount paid.
Section 18-5 Issuance of license.
Except as otherwise provided, all licenses shall be issued by the finance officer if the issuance of the license is approved by the licensing authority and the applicant has complied with all requirements for issuance of the license. Unless otherwise provided, all licenses shall be signed by the finance officer and shall have affixed thereto the official seal of the city.
Section 18-6 Term of licenses.
Unless otherwise provided, all licenses shall take effect when issued and shall terminate on December 31st in the year for which issued. Except as otherwise provided, the license fee charged shall be paid on the basis of a full year.
Section 18-7 Approval of bonds.
Any bond, liability insurance, or deposit required shall be subject to the approval of the city council, and in case the city council deems the security inadequate, it may require new or additional security.
Section 18-8 Revocation.
The city council shall have power to cancel any license issued by the city for failure of the licensee to comply with any ordinance or regulation of the city or state law respecting such license or the manner of exercise thereof or for other good cause after hearing upon notice to the licensee. Upon conviction of a violation of any ordinance of the city by a licensee relating to the exercise of such license, the court, in addition to other penalties imposed, may enter its judgment canceling such license.
Section 18-9 Registry listing.
The finance officer shall keep a registry listing, under their proper headings, of all licenses that have been issued, giving the name of the licensee and the place of business.
Section 18-10 Shows and Amusements
Any open air show, exhibition of skill or amusement, circus, menagerie, wild west show, carnival, mechanical riding devices, and like amusements or performances shall not be operated or set up for business without first obtaining approval from the city council.
If such approval is granted by said city council, a license fee or permit may be required.
Chapter 19
Minors
Section 19-1 Curfew established.
It shall be unlawful for any minor under the age of sixteen (16) years to be abroad upon any public place between the hours of 11:00 PM to 5:00 AM of the following day unless accompanied by some adult person having him in charge, and such minor who shall violate any of the provisions of this section shall be subject to arrest by any police officer without process and shall be taken, and shall be placed in the custody of the juvenile court of the jurisdiction.
Section 19-2 Adults permitting minors to break curfew.
It shall be unlawful for any parent, guardian or other person having legal care and custody of any minor under the age of sixteen (16) years, to allow, permit or suffer any such minor to be in violation of Section 19-1.
Section 19-3 Enticing from parents or guardians prohibited.
It shall be unlawful for any person to use any influence or otherwise entice or persuade any minor, male or female, under the age of eighteen years, from his or her parents, guardians or other persons having charge or custody of such minor, without the consent of such parents, guardians, or custodians.
Chapter 20
Miscellaneous Offenses
Section 20-1 Peddlers.
The practice of going in and upon private residences in the city by solicitors, peddlers, hawkers, itinerant merchants and transient vendors of merchandise, not having been requested or invited so to do by the occupants of said private residence, for the purpose of soliciting an order for the sale of goods, wares, and merchandise and/or peddling or hawking the same, is hereby declared a nuisance, and is punishable for such nuisance as a violation of this Section.
Section 20-2 Spitting on sidewalks and in public places.
No person shall expectorate upon any street, sidewalk, or upon the floor of any public conveyance or any theater, depot, church, school or any other public building within the city.
Section 20-3 Loitering.
It shall be unlawful for any person to loiter, stand or sit in or upon any public street, alley, sidewalk or crosswalk so as to in any manner hinder or obstruct the free passage therein or thereon of persons or vehicles passing or attempting to pass along the same, or so as to in any manner annoy or molest persons passing along the same.
Section 20-4 False alarm of fire.
It shall be unlawful for any person to willfully and knowingly give a false alarm of fire.
Section 20-5 False alarm of bomb threat.
It shall be unlawful for any person to willfully and knowingly give a false alarm of a bomb threat.
Chapter 21
Natural Gas
Section 21-1 Right to use street.
Northwestern Public Service Company, a corporation, its successors and assigns, are hereby granted the right to use and occupy the streets, alleys, and other public places of the city for the purpose of transmitting or distributing natural gas.
Section 21-2 Liability.
Northwestern Public Service Company shall be liable for all damages due to its negligence in constructing, operating, or maintaining its natural gas system within the said municipality, and shall at all times save the municipality harmless from any and all liability arising out of negligence of Northwestern Public Service Company.
Section 21-3 Binding contract.
This Chapter shall be in full force and effect and shall constitute a binding contract between the city and Northwestern Public Service Company when the same shall file its unconditional acceptance with the city council.
Chapter 22
Nuisances
Section 22-1 Nuisance prohibited.
No person shall in the city create, maintain, commit or permit to be created, maintained or committed, any nuisance as hereinafter defined.
Section 22-2 Public nuisance defined.
A nuisance consists in unlawfully doing an act, or omitting to perform a duty, which act or omission either:
A. Annoys, injures or endangers the comfort, repose, health or safety of others;
B. Offends decency;
C. Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, any lake or navigable river, bay, stream, canal or basin, or any public park, square, street or highway;
D. In any way renders other persons insecure in life, or in the use of property.
Section 22-3 Acts, conditions and things declared nuisances.
Nuisances shall include, but are not limited to the following specific acts, conditions and things, which are deemed and declared nuisances:
A. Any imperfect, leaking, unclean or filthy sink, water closet, urinal, or other plumbing fixture in any building used or occupied by human beings;
B. Depositing, maintaining, or permitting to be maintained or to accumulate upon any public or private property any animal or vegetable matter which attends the processing, preparation, transportation, cooking, eating, sale, or storage of meat, fish, vegetables, fruit and other food or food products found within the city which are likely to cause or transmit disease, or which may be a hazard to health.
C. Vegetables, vegetable matters, or other articles that emit or cause an offensive, noxious or disagreeable smell or odor; and any compost pile which is of such a nature as to spread or harbor disease, emit unpleasant odors or harmful gas, or attract rodents, vermin or other disease carrying pests, animals, or insects.
D. All slop, foul or chemically polluted water, liquor or beer washings, all filth, refuse or offal, grease, lard, discharged through drains or spouts or otherwise thrown or deposited in or upon any street, alley, sidewalk, public way, lot, park, public square, public enclosure, or any pond or pool of water.
E. All carcasses of animals remaining exposed one hour after death, excepting legally taken and tagged game, which shall be twenty-four hours; and all green or salted hides left deposited in any open place.
F. Any accumulation of waste manure or straw resulting from the transportation, housing or confining of animals.
G. Waste, including, but not limited to, items such as paper, rags, trash, garbage, discarded clothing, shoes, curtains, linen and other apparel, tin cans, aluminum cans, boxes, bales or baled items, plastic containers, glass containers, plastic wrap, cleaning utensils, cooking utensils, and discarded household fixtures, when such items are stored, collected, piled or kept on private or public property, and in view of adjacent properties or public right-of-ways;
H. Used building materials and waste, including, but not limited to such items as lumber, lath, gypsum board, pallets, plaster, old iron or other metal, concrete, brick and tile, piles of rock, sand, dirt or gravel when not used for landscaping purposes, doors, windows, and scrap or salvage building materials, when such items are stored, collected, piled or kept and are not stored inside a building; except for building materials that are temporarily stored for work on the premises, provided that such building materials and waste shall not remain on the premises for more than thirty days after work on the premises has ceased.
I. Appliances, fixtures and furniture including, but not limited to, items such as stoves, refrigerators, freezers, sinks, cabinets and other kitchen appliances, bedroom furniture, mattresses, tables, chairs, clothes washing and drying machines, bathroom appliances and fixtures, light fixtures, washtubs, lawn mowers, tillers, chainsaws, snowblowers, and garden equipment when such items are stored, collected, piled or kept and are not stored inside a building; except that patio furniture and other furniture designed for outdoor use shall not constitute a nuisance when kept in view of adjacent properties or public right-of-ways;
J. Old, unused, stripped, junked, and other motor vehicles, disassembled bicycles and bicycle parts, and other mechanical machines or motors or parts thereof, which is no longer safely usable for the purpose for which it was manufactured, when such items are stored, collected, piled or kept and are not stored inside a building.
K. Vicious dogs and any dog which has the habit of barking or howling, or one that habitually chases and barks at vehicles disturbing and annoying any person or neighborhood, or one that shall injure or destroy any lawn, garden, shrubbery, flowers or vines.
L. The open burning of any paper, garbage, leaves, grass, wood, trees, trash or other refuse substance or materials of any kind or nature, at any time, within the city limits.
Section 22-4 Abatement of nuisances.
The mayor shall give notice to any person creating, permitting, or maintaining any nuisance to abate such nuisance forthwith; and if such person shall neglect or refuse to do so within a reasonable time after such notice, he shall be deemed guilty of a misdemeanor. The mayor may cause to be removed or abated any such nuisance upon the expiration of a reasonable time after the serving of such notice, and the city may recover the reasonable expense incurred from the person maintaining such nuisance in a civil suit instituted for such purposes.
Section 22-5 Distribution of unwholesome food.
No person shall sell or offer for sale in this city any unwholesome food or drink or any food or beverage which has been condemned by a government inspector or by an inspector of the Board of Health.
Section 22-6 Garbage
The Board of Health shall have the power to create garbage collection districts and to provide rules and regulations governing the disposal and collection of garbage and fixing rates for the collection of the same and to provide penalties for the violation of such rules and regulations.
Section 22-7 Garbage accumulation.
It shall be unlawful for any person to allow garbage, dead animals, or other refuse to accumulate upon the premises occupied by such person.
Section 22-8 Vacating premises.
It shall be unlawful for any person upon vacating or removing from dwellings, storerooms or other buildings, situated within the corporate limits of the city, to fail to remove all garbage, rubbish and ashes from such buildings and premises and also the grounds appurtenant thereto; or to fail to place the same in a thoroughly sanitary condition within twenty-four hours after said premises shall be vacated.
Section 22-9 Dumping garbage.
It shall be unlawful for any person to dump, deposit, leave or cause or permit to be dumped, deposited or left, any garbage or offensive material, vegetable waste, market waste, or any other waste food products, animal by-products, ashes, or any other refuse or waste material, except at such times and places as may be designated by the city council.
Section 22-10 Establishment of restricted use site.
The city council may by resolution establish a restricted use site for certain material within the limits of the city or outside the city limits. It shall be unlawful for any person to dump any waste material at any place in the city except in accordance with rules and regulations adopted by the city council. The designated restricted use site shall be for the use of the residents of the city only, and it shall be unlawful for any other person to dump any garbage, waste or other refuse, other than said residents.
Section 22-11 Smoke and dust nuisance.
No person shall construct, maintain or use any chimney unless the same shall be so constructed, operated or used so that the dust, sparks, cinders, coal, ashes, smoke or fumes there from shall not become injurious or dangerous to the health, comfort, or the property of individuals or the public; nor materially impair the comfort of persons within said city. All such stacks now or hereafter used and operated shall be constructed and arranged in such manner and of such material as to be safe from causing fires, and shall be of such height from the ground as not in any manner to cause a violation of this section. Whenever any such stack or chimney is causing or in danger of causing a violation of this Section, the owner or person responsible therefore shall at once cause such stack or chimney to be reconstructed or repaired of proper and safe material or arresting device, or to be raised to such height, or to be arranged within a reasonable time so that such smokestack or chimney will be in compliance with the provisions of this Section. The city may, when any smokestack or chimney is dangerous to the health or safety of the inhabitants, or injurious to such a degree as to be a nuisance, order the same torn down or extended up or otherwise remedied so that is shall comply with this Section. This law shall be operative within the city and within one mile from the city limits, and procedure under this law shall be that provided in the Uniform Building Code.
Section 22-12 Storage of personality.
Unsheltered storage of old, unused, stripped, junked, and other motor vehicles, not in good and safe operating condition, or licensable motor vehicles which do not exhibit current license plates or registration, and of any other vehicles, machinery, implements, or equipment and personal property of any kind, which is no longer safely usable for the purpose for which it was manufactured, which hereinafter are collectively described as “said personality”, stored for a period of thirty (30) days or more within the corporate limits of the city, is hereby declared to be a nuisance and dangerous to the public safety.
The owner, owners, tenants, lessees and/or occupants of any lot within the corporate limits of this city upon which such storage is made, and also the owner, owners, and/or lessees of said personality involved in such storage (all of whom are hereinafter referred to collectively as owners), shall jointly and severally abate said nuisance by the prompt removal of said personality into completely enclosed buildings authorized to be used for such storage purposes, if within the corporate limits of the city, or otherwise to remove it to a location without said corporate limits, after service of notice hereinafter defined.
Service of notice provided for in this ordinance shall be by personal service if the “owners” of “said personality” is a resident of the city. If such “owner” cannot be found in the city or is a non-resident of the city, written notice shall be served by registered mail and by publication at least two consecutive weeks in the official newspaper.
Whenever said owners fail to abate said nuisance then the City shall remove the said personality to a location of its selection, the expenses therefore to be billed to said owners, jointly and severally, said bill to be recoverable in a suit at law.
Section 22-13 Summary abatement of nuisances.
It shall be unlawful for any person or persons, within the limits of the city, to permit or suffer any nuisance involving offensive, foul, or vicious smelling substance whatever to remain on his or their premises, and it shall be the duty of the mayor to give notice to such person or persons to remove such nuisance forthwith; and if any person neglects or refuses to remove said substance within a space of twenty-four hours after such notice, he shall be liable to the penalty hereinbefore prescribed in this Code, and it is hereby made the duty of the chief of police to remove or abate any such nuisance immediately upon the expiration of the twenty-four (24) hour notice hereinbefore mentioned, if requested to do so by the health officer in writing.
Chapter 23
Ordinances and Resolutions
Section 23-1 Definition of terms.
Ordinance. The word “ordinance” as used in this chapter shall mean a permanent legislative act of the governing body of the city within the limits of its powers.
Resolution. The word “resolution” as used in this chapter shall mean any determination, decision, or direction of the city council of a special or temporary character for the purpose of initiating, effecting, or carrying out its administrative duties and functions under the laws and ordinances of the city.
Section 23-2 Power to adopt, amend and repeal ordinances and resolutions – Maximum penalty.
The city may 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 provided for the punishment of each violation thereof by a fine not exceeding two hundred dollars. (SDCL 9-19-3)
Section 23-3 One subject expressed in title of ordinance.
An ordinance must embrace but one subject which shall be expressed in its title. (SDCL 9-19-5)
Section 23-4 Style of ordinance.
The style of all ordinances shall be as follows:
“An Ordinance __________________(inserting the title): followed by:
“Be it ordained by the City of Menno, South Dakota” followed by the substance of the ordinance. (SDCL 9-19-6)
Section 23-5 Reading, passage, and publication of ordinance.
The title of all ordinances shall be read twice (2) with at least five (5) days between the first and second reading. The ordinance shall be signed by the mayor or acting mayor, filed with the finance officer and published once in the official newspaper. Twenty (20) days after the completed publication of such notice, unless the referendum shall have been invoked, such ordinance shall become effective.
Exceptions to the above: An ordinance incorporating or adopting comprehensive regulations or a code promulgated, approved, and published by a recognized and established national organization prescribing building, electrical, plumbing, safety, fire, health, or milk regulations need not be published in a newspaper, but upon adoption of such an ordinance the finance officer shall publish a notice of the fact of adoption once (1) a week for two successive weeks in the official newspaper, and twenty (20) days after the completed publication of such notice, unless the referendum shall have been invoked, such ordinance shall become effective. (SDCL 9-19-7)
Section 23-6 Passage, recording, and publication of resolutions.
Any resolution may be passed after one reading and shall be recorded at length in the minutes of the meeting at which it is passed, with a statement of the number of votes for and against it and published in full as part of the minutes. (SDCL 9-19-8)
Section 23-7 Recording of votes on ordinances.
The vote upon all ordinances upon the second reading and to pass the same over any veto shall be taken by yeas and nays and entered upon the minutes of the meeting. (SDCL 9-19-9)
Section 23-8 Veto power of the mayor.
If the mayor disapproves of an ordinance, he may veto the same by filing his written objection thereto with the finance officer within ten (10) days after its passage upon second reading. Such veto may extend to any one or more items contained in an ordinance making an appropriation or to the entire ordinance, and in case the veto only extends to a part of such ordinance, the remainder shall take effect. (SDCL 9-19-10)
Section 23-9 Reconsideration of vetoed ordinance.
If the mayor vetoes any ordinance or resolution, it shall be presented by the finance officer with the mayor’s written objection to the next meeting of the council and may be reconsidered. If it shall pass by a two-thirds (2/3) vote of all the council members, it shall be published and become effective notwithstanding the mayor’s disapproval. (SDCL 9-19-11)
Section 23-10 Ordinance becoming law without mayor’s signature.
If the mayor shall fail to sign any ordinance or file written objection thereto within ten (10) days after its passage upon second reading, it shall be published and become a law without his signature. (SDCL 9-19-12)
Section 23-11 Effective date of resolutions and ordinances.
Except such resolutions or ordinances as may be necessary for the immediate preservation of the public peace, health, or safety, or support of the municipal government and its existing public institutions, or which provide for an election or for hearing on an improvement or assessment or which call for bids, which take effect upon the passage and publication thereof, every resolution or ordinance passed by the city council shall take effect on the twentieth (20) day after its publication unless suspended by operation of a referendum. (SDCL 9-19-13)
Section 23-12 Recording ordinances in ordinance book.
After an ordinance takes effect, the finance officer shall record the same together with a date of its publication in a book to be known as the “Ordinance Book” and file the affidavit of publication with the original ordinance.
(SDCL 9-19-14)
Section 23-13 Compilation of ordinances.
The city may compile without revision or amendment, not more often than once in five (5) years, for publication in book form, the ordinances of the city. The compilation shall be effective without publication as required for ordinances. (SDCL 9-19-15)
The finance officer shall furnish a free copy of the book to the clerk of courts and the county law library of Hutchinson County. (SDCL 9-19-15)
Section 23-14 Revision of ordinances – Committee to prepare revision.
The city council shall have the power to revise the ordinances not oftener than once every five (5) years. They may appoint a committee of one or more competent persons to prepare and submit for its consideration an ordinance in revision of the ordinances of the city. (SDCL 9-19-16)
Section 23-15 Notice of adoption of ordinance in revision – Effective date – Publication in book form.
Upon the adoption of an ordinance which revises the municipal ordinances by the city council, the finance officer shall publish a notice of the adoption of the revised ordinances once in the official newspaper. Twenty (20) days after the completed publication of notice, unless the referendum is invoked, the ordinance shall become effective without publication in a newspaper. (SDCL 9-19-17)
The governing body may publish the revised ordinances in book form. The finance officer shall furnish a free copy of the book of the revised ordinances to the circuit clerk of courts and the Hutchinson County law library. (SDCL 9-19-17)
Section 23-16 Evidence of ordinances and resolutions.
An original ordinance or resolution, the record or a certified copy thereof, or any compilation or revision of ordinances purporting to be printed under the authority of the city are admissible in evidence without further proof. (SDCL 9-19-18)
Section 23-17 Ordinances and resolutions presumed valid unless controverted.
In any action or proceeding instituted by the city, it shall not be required to show compliance with the provisions of this title as to the passage or publication of any ordinance or resolution unless the same be controverted under oath. (SDCL 9-19-19)
Chapter 24
Parks and Parkways
Section 24-1 Control of parks and parkways.
All lots, parcels of ground or tracts of land, whether inside or outside of the corporate limits of the city and designated as city parks, and all parkways on streets or boulevards, shall be under the control and jurisdiction of the city council.
Section 24-2 Picnic and recreational areas.
All persons using any picnic, recreational, or playground area and equipment in any city park shall be responsible for the proper care of such equipment and shall clean up all litter and refuse, caused by their occupancy, before leaving such area.
Section 24-3 Animals in parks or parkways.
No person shall allow any animal to be at large in any city park or parkway in the city, nor shall any person lead, drive, or ride any horse upon any lawn, flowerbed, sidewalk, or any other area in any city park or upon any parkway.
Section 24-4 Disorderly conduct and loafing in parks.
No person shall act in a disorderly, unchaste, or lewd manner or habitually loaf or sleep on the ground or on benches within the city parks.
Section 24-5 Traffic.
All ordinances governing travel or traffic upon the streets of the city shall be applicable within and upon all city parks.
Section 24-6 Hours.
All city parks shall be closed to the public each day from 12:00 midnight until daylight the following morning, except upon special permission from the council parks committee in charge of the area. This section shall not apply to overnight campers utilizing the city park for camping purposes.
Section 24-7 Park property.
No person shall willfully mark, deface, disfigure, injure, tamper with, or displace or remove, any building, tables, benches, fireplaces, railings, paving or paving material, waterlines, or other public utilities or parts or appurtenances thereof, signs, notices or placards whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or other structures or equipment, facilities of park property or appurtenances whatsoever, either real or personal.
The mayor or council parks committee may grant permission for picnic tables or benches to be removed and used for special occasions.
Section 24-8 Camping.
Overnight camping shall be allowed at the city park for ten (10) days in any calendar year without charge to the camper. Any person camping more than ten (10) days in any calendar year shall pay a fee as set by resolution of the city council.
Chapter 25
Property
Section 25-1 Damaging public property.
It shall be unlawful for any person to cut, mark, burn, tear down, deface, remove or destroy any building or any portion of any building, walk, bridge, fence, tree, plant, shrub, ornamental structure or object, post, pipe, stone, wire, or any other property belonging to, or used by, the city or located on, above, under, or along its streets, sidewalks, parks or public places or buildings, without lawful authority.
Section 25-2 Damaging private property.
No person in the city shall maliciously injure, deface, or destroy any property of another.
Section 25-3 Damaging street lighting equipment.
No person shall break, injure, or in any way molest any street lighting equipment or apparatus.
Chapter 26
Public Places
Section 26-1 Crowds obstructing streets and sidewalks.
It shall be unlawful for persons to gather in crowds or groups or for any person to stand on, or to permit any vehicle or animal to remain on, any public street or sidewalk in the city, in a manner so as to obstruct free passage thereon or to annoy any person passing along the same.
Section 26-2 Obstructing streets.
It shall be unlawful to erect or maintain any building, fence, or structure, which encroaches upon any public street, or upon any public property.
Section 26-3 Deposits on streets.
It shall be unlawful to deposit on any street any material that may be harmful to the pavement thereof, or any waste material, or any glass, or other articles that may do injury to any person, animal, or property.
Section 26-4 Noisy advertisements.
No person shall be allowed to advertise within the corporate limits of the city by loud calling or ringing of bells, or using amplifiers or other loud-speaking equipment, or by the use of any noisy device of any kind without the permission of the chief of police; provided that this Section shall not apply to the ringing of church bells or school bells or to the use of other signals in case of fire or civil defense.
Section 26-5 Signs - injury or alterations.
No person shall deface, remove, change, mar, or in any way interfere with or obliterate, either wholly or in part, any sign, signboard or card, placed, posted, extended, or erected by the city; and no person shall nail, paste, paint or otherwise affix in any manner, any sign, advertisement, picture or design whatever, upon any bridge, viaduct, sidewalk, crosswalk, curb, or upon the railing or approach of any bridge, viaduct or sidewalk, or upon any telephone, telegraph, electric light, fire alarm pole or post, or street sign or post.
Section 26-6 Signs on sidewalks.
No person shall paint any sign or other advertising matter upon the sidewalks of this city.
Section 26-7 Water freezing on streets.
No person shall pour, place, or throw or otherwise discharge water upon any street, or alley in the city, during a time when the temperature of the city is below freezing.
Chapter 27
Public Welfare
Section 27-1 Assault and battery prohibited.
No person in the city shall attempt or offer with force or violence to do corporal hurt to the person of another, nor shall any person use force or violence upon the person of another, except that it be a case of justifiable or excusable assault and battery as defined by the laws of the State of South Dakota.
Section 27-2 Throwing stones and missiles.
No person shall throw stones or other missiles (including paint balls) at persons, vehicles, or animals.
Section 27-3 Drawing deadly weapons prohibited.
No person, except an officer of the law, in the execution of his duty, or a person in self-defense, shall draw a pistol, gun, revolver, knife, or other deadly weapon, or an item appearing to be such, upon another person within the city.
Section 27-4 Disorderly conduct.
It shall be unlawful for any person, to intentionally cause serious public inconvenience, annoyance, or alarm to any other person or create a risk thereof by:
1. Engaging in fighting or in violent or threatening language or behavior;
2. Making unreasonable noise;
3. Disturbing or breaking up any lawful assembly or meeting of persons without lawful authority;
4. Obstructing vehicular or pedestrian traffic; or
5. To cause rioting.
Section 27-5 Disturbing the peace.
It shall be unlawful for any person to disturb the peace of any person or neighborhood by loud or unusual noise, to pursue any amusement calculated to impede travel or frighten any animal, injure or endanger any property, injure or annoy any person, to run any auto or vehicle race on the public streets or highways, to loiter or stroll about in any manner tending to produce disturbance, or to refuse to go immediately to his home when so ordered by the city police or by any police officer, or by any offensive behavior disturbing the peace of any person, assembly or congregation.
Section 27-6 Disturbances at public places prohibited.
It shall be unlawful for any person to excite disturbance or contention at any public house, court, election or any lawful meeting of citizens within the limits of the city.
Section 27-7 Disturbance of religious meeting prohibited.
It shall be unlawful for any person to disturb a public assembly, congregation for religious or other lawful purposes, within the limits of the city by undue noise or offensive, unbecoming, or indecent behavior.
Section 27-8 Obscene literature or conduct.
It shall be unlawful for any person within the city to:
Section 27-9 Resisting an officer.
It shall be unlawful for any person in the city to obstruct any police officer in the performance of any official duty; or in any way aid or assist any person to escape from any lawful confinement in said city.
Section 27-10 Riot
Any use of force or violence disturbing the public peace or any threat to use such force or violence by two or more persons acting together and without authority of law, if accompanied by immediate power of execution, is a riot. It shall be unlawful for any person to participate in any riot.
Chapter 28
Sanitation - Garbage
Section 28-1 Establishment.
This Chapter shall establish certain regulations for refuse removal within the city and to generate sufficient revenue to pay all costs and disposal of refuse generated within the city.
Section 28-2 City collection service.
Garbage collection service is mandatory for all occupants or persons in possession, charge, or control of residences of the city in or from which garbage is created, accumulated, or produced to use the city’s collection service.
It shall be unlawful for any person other than authorized agents or employees of the city to collect, remove, or dispose of garbage in the city. Provided, however, that nothing contained herein shall prevent the use of garbage disposal devices as provided in the City Plumbing Code.
Section 28-3 Collection frequency.
Collection of garbage shall be made at lease once a week from private residences and commercial places.
Section 28-4 Containers.
A. It shall be the duty of every person in possession, charge, or control of any place in or from which garbage is created, accumulated, or produced to provide, and at all times keep in a suitable place readily accessible to the garbage collector, garbage containers capable of holding all garbage that would ordinarily accumulate on such premises between the times of successive collections. The owner of any multiple dwelling shall furnish or require his tenants to furnish proper garbage containers.
B. All garbage created, accumulated, or produced shall be deposited in containers of a type approved by the city council and shall be watertight.
C. No more than two (2) containers with a capacity of no more than thirty-three (33) gallons are allowable for collection per residence.
D. The containers shall be kept in a clean, neat, and sanitary condition at all times.
Section 28-5 Location of containers.
No garbage containers or other containers for refuse, other than those of the city, shall be placed, kept, stored, or located within the right-of-way of a street or alley. Provided, however, that the city may authorize the location of such containers within the public right-of-way at specified places and times when such location is necessary for expeditious collection and disposition of garbage by the city.
Section 28-6 Preparation of refuse for collection.
Rubbish, except broken glass, may be deposited in garbage containers. Potentially infectious material shall not be deposited or placed in garbage containers. Liquid garbage shall not be deposited in such containers. Kitchen garbage shall be drained of all moisture before it is placed or deposited in garbage containers.
Section 28-7 Collection fees.
The city council has determined that the periodic collection of garbage from all residences in the city benefits all occupants of places in the city, and such occupants or persons in possession, charge, or control of any residence in or from which garbage is created, accumulated, or produced are liable for and shall pay the garbage collection fees specified below:
A. All private residences…………………………………………………..As set by resolution of city
council
B. All commercial and businesses……………………………………..….Negotiated with collector
Section 28-8 Payment of fees.
Fees for garbage and rubbish collection shall be paid monthly and shall be included with payment for water and sewer services.
Section 28-9 Delinquent payments.
Any fees due under this Chapter shall be due and paid at the same time as city water and sewer charges. Water service may be disconnected until all fees for water, sewer, and refuse have been paid in full.
Section 28-10 Nuisance.
The keeping of garbage in containers other than containers prescribed in this Chapter or the keeping upon premises of garbage or rubbish which is allowed to become offensive and noisome, shall constitute a public nuisance and may be abated in the manner provided by law for the abatement of nuisances.
Sewer
Section 29-1 Sewer rates.
Single family residential users discharging normal strength domestic wastewater shall be charged for and paid at rates as set by resolution of the city council.
Commercial and institutional users discharging normal strength wastewater shall be charged for and paid at rates as set by resolution of the city council.
Multiple family dwellings and apartments discharging normal strength wastewater shall be charged for and paid at rates as set by resolution of the city council.
Mobile home courts discharging normal strength domestic wastewater shall be charged for and paid at rates as set by resolution of the city council.
Any non-residential user with Biochemical Oxygen Demand (BOD) and Suspended Solid (SS) greater than the average residential user’s strength of 200 mg/l BOD and 250 mg/l SS shall pay a surcharge in accordance with the rates as set by resolution of the city council.
Section 29-2 Sewer excavations-Taps.
It shall be unlawful for any person, firm, or corporation to make or cause to be made, any excavation in the streets of the city, for the purpose of connecting any house or other building with a sewer drain, without first having obtained permission to make such excavation from the sewer superintendent of said city.
Any person desiring a new tap into the sewer line shall pay a sewer tap fee as set by resolution of the city council.
In making excavations in streets or highways for the laying of service sewer pipes or making repairs, the blanks or paving stones or earth must be deposited in a manner that will occasion the least inconvenience to the public, and provide for the passage of water along gutters.
No person shall leave any excavation made in the streets or highways open at any time without barricades.
Section 29-3 Refilling sewer excavations.
After sewer pipes are laid, in refilling the opening, the earth must be laid in layers of not more than nine (9) inches in depth, and each layer thoroughly compacted to prevent settling, and this work, together with the replacing of sidewalks or ballasts, must be done so as to make the street at least as good as before it was disturbed and to the satisfaction of the street superintendent. No opening of streets will be permitted when the ground is frozen, unless by permission of the approving authority.
Section 29-4 Approval required prior to connection.
It shall be unlawful and it is prohibited for any plumber, owner or occupant of any premises, or any person, to make any connection of sewer drain with any main or lateral or to tap any main or lateral in the city, unless such plumbing and pipes shall first have been approved by the approving authority of the city as being in conformity with the ordinances and regulations of the city.
Section 29-5 Private wastewater disposal.
Section 29-6 Sanitary sewers, building sewers, and connections.
J. All excavations for building sewer installation shall be adequately guarded with barricades so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.
Section 29-7 Use of public sewers.
1. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas;
2. Any water containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to contaminate the sludge of any municipal system, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in or have an adverse effect on the waters receiving any discharge from the treatment works;
3. Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater works;
4. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater facilities such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders; and
5. Any wastewaters that would directly or indirectly result in a violation of the NPDES permit as issued to the city.
H. The following described substances, materials, waters, or waste shall be limited to discharges to municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process, or equipment, will not have an adverse effect on the receiving stream, or will not otherwise endanger lives, limb, public property, or constitute a nuisance. The approving authority may set limitations lower than the limitations established in the regulations below if in its opinion such more severe limitations are necessary to meet the above objectives. In forming this opinion as to the acceptability, the approving authority will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant, and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not be violated without approval of the approving authority are as follows:
I. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 29-7(H) and which in the judgment of the approving authority may have a deleterious effect upon the wastewater facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the approving authority may:
1. Reject the wastes;
2. Require pretreatment to an acceptable condition for discharge to the public sewers;
3. Require control over the quantities and rates of discharge; and/or
4. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Section 29-7(N).
When considering the above alternative, the approving authority may give consideration to the economic impact of each alternative on the discharger. If the approving authority permits the pretreatment of equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the approving authority;
J. Grease, oil, and sand interceptors shall be provided when, in the opinion of the city council, they are necessary for the proper handling of liquid wastes containing floatable greases in excessive amounts as specified in Section 29-7(H), or any flammable wastes, sand, or other harmful ingredients. Except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the approving authority and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner shall be responsible for the proper removal and disposal by appropriate means of the captivated material and shall maintain records of the dates, and means of disposal which are subject to review by the approving authority. Any removal and hauling of the collected materials not performed by owner’s personnel must be performed by currently licensed waste disposal firms;
K. Where pretreatment or flow-equalizing facilities are provided and required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at their expense;
L. When required by the approving authority, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such structures, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the approving authority. The structure shall be installed by the owner at their expense and shall be maintained by them so as to be safe and accessible at all times;
1. Wastewaters discharge peak rate and volume over a specified time period;
2. Chemical analysis of wastewaters;
3. Information on raw materials, processes, and products affecting wastewater volume and quality;
4. Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control;
5. A plot plan of sewers on the user’s property showing sewer and pretreatment facility location;
6. Details of wastewater pretreatment facilities; and
7. Details of systems to prevent and control the losses of materials through spills to the municipal sewer
N. All measurements, tests, and analysis of the characteristics of waters and wastes to which reference is made in this Chapter shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater,” published by the American Public Health Association. Sampling methods, location, times, durations, and frequencies are to be determined on an individual basis subject to approval by the approving authority; and
O. No statement contained in this Section shall be construed as preventing any special agreement or arrangement between the municipality and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the municipality for treatment.
Section 29-8 Malicious intent.
No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment that is a part of the wastewater facilities. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
Section 29-9 Powers and authority of inspectors.
Section 29-10 Hearing board.
Section 29-11 Penalty.
Chapter 30
Sidewalks and Driveways
Section 30-1 Sidewalk construction.
Sidewalks shall be constructed in such areas as the city council shall deem necessary. No sidewalks shall be constructed or repaired unless they conform with the provisions of this ordinance. (SDCL 9-46-1)
Section 30-2 Sidewalk specifications.
B. All sidewalks constructed or repaired shall be of cement, properly constructed and safely surfaced. No sidewalks shall be constructed unless they are so constructed to make them uniformly symmetrical as to size, height, and construction with adjoining sidewalks, making the sidewalk safe, and taking into account proper drainage. (SDCL 9-46-1)
Section 30-3 Width of sidewalks.
Section 30-4 Damaged sidewalks.
Whenever any sidewalks shall become broken, damaged, or unsafe for travel, the owner of the property shall immediately repair or rebuild the same as the case may be, all in compliance with the provisions of this ordinance.
Section 30-5 Notice to owners.
Whenever the city council shall deem it necessary to construct, rebuild, or repair any sidewalk, it shall notify all owners of lots adjoining such sidewalk to construct, rebuild, or repair the same at their own expense within a time designated.
Such notice shall be in writing and either be served personally or by return receipt mail, on each owner or by publication once a week for two consecutive weeks. It shall set forth the character of the work and the time within which it is to be done. Such notice may be general as to the owners but must be specific as to the description of such lots. (SDCL 9-46-3)
Section 30-6 Construction or repair by city.
If such sidewalk is not constructed, reconstructed, or repaired in the manner and within the time prescribed, the city council by resolution may cause the same to be done. (SDCL 9-46-4)
Section 30-7 Assessment of sidewalk costs against abutting property.
The cost thereof shall be assessed against the lots fronting or abutting upon the sidewalk so constructed, reconstructed, or repaired, as provided in this section or hereinafter provided. In estimating such assessment the entire cost of the improvement fronting on the property to be assessed shall be divided by the number of feet fronting or abutting on the same, and the quotient shall be the sum to be assessed per front foot against each lot so fronting or abutting. (SDCL 9-46-5)
Section 30-8 Liability of owner for failure to make repair – Notification of nonresident owner.
Any owner of real property who shall fail to keep in repair the sidewalks in front of or along such property if he resides thereon, or if he does not reside thereon, to repair the same forthwith when notified, shall be held liable to the city for any damage caused by such neglect.
The duty of the municipality to notify the nonresident owner does not affect the liability of the owner for any injury proximately caused by the negligent construction or repair of the sidewalk. The failure of the municipality to notify the nonresident owner does not result in any liability on the part of the municipality for any injury proximately caused by the negligent construction or repair of the sidewalk. (SDCL 9-46-2)
Section 30-9 Drainage standards for driveways.
Property owners shall not construct driveways for access to their property that will obstruct the free flow of water within the city. Driveways shall be constructed with a dip for drainage. If a dip for drainage is not suitable, then property owners may use a culvert for drainage that is of sufficient size to allow the free flow of water across their property. However, in no event shall a culvert be used that has a capacity less than a twelve (12) inch round culvert or a twelve (12) inch by twelve (12) inch box culvert.
Chapter 31
Snow Removal
Section 31-1 Snow removal.
No vehicle, trailer, boat, motorcycle, snowmobile, or other personal property shall be located between the sidewalk and street for a period in excess of seven (7) days without being moved during the months of November, December, January, February, and March.
Any vehicles parked on any street right-of-way during snow removal operations are parked at the risk of the owner or operator, and the city assumes no liability for any damage to such vehicles resulting from snow plowing or snow removal.
The city street department or any law enforcement official within the city is authorized to remove and tow away any vehicle, trailer, boat, motorcycle, snowmobile, or other personal property located in violation of this Section. The towed property shall be stored until such time as the owner makes payment for towing and storage charges set by resolution of the city council.
Section 31-2 Duty of owner or occupant - Removal by city - Cost assessed.
It shall be the duty of the owner or person in possession or in charge of any lot, parcel, or plot of ground fronting or abutting upon any sidewalk, to keep such sidewalk free from snow and ice at all times. When it is impossible to take the snow and ice from such walk by reason of its being frozen to the sidewalk, the owner or occupant shall sprinkle or spread some suitable material upon the same to prevent the walk from becoming slippery and dangerous to travel. If the owner or person in possession or in charge of said lots, parcels or plots of ground, fails or refuses to remove the snow or ice from such sidewalks within six (6) hours after a snowfall or ice storm, the city may remove or cause to be removed said snow or ice, and assess the cost thereof against the fronting or abutting property.
Section 31-3 Duty of owner or occupant in business district - Removal by city - Cost assessed.
It shall be the duty of the owner or person in possession of or in charge of any sidewalk in the business district along Fifth Street to keep such sidewalk free from snow and ice during normal business hours. Normal business hours are defined as the hours of 8:00 a.m. to 6:00 p.m. from Monday to Saturday. When it is impossible to remove the snow and ice from such walk by reason of its being frozen to the sidewalk, the owner or person in possession or in charge shall sprinkle or spread some suitable material upon the same to prevent the walk from becoming slippery and dangerous to travel. If the owner or person in possession or in charge of said lots, parcels or plots of ground, fails or refuses to remove the snow or ice from such sidewalks during normal business hours the city may remove or cause to be removed said snow or ice, and assess the cost thereof against the fronting or abutting property.
Section 31-4 Method of assessment.
The mayor shall cause an account to be kept against each lot, parcel, or plot of ground, for the removal of snow from the sidewalk each year, and the same shall be certified to the finance officer on or before the 15th day of May each year. The finance officer shall prepare an estimate of the assessment against each lot for the removal of snow for the preceding year, winter and fall, and submit the same to the city council for its approval on or before the 1st day of June, each year, and shall publish in the official newspaper a notice to property owners of the time and place when the city council will meet for the purpose of approving such estimate.
Upon the day so named, the city council shall meet, and if they find said estimate correct, shall approve the same (as modified and corrected) and file such assessment with the finance officer. From the date of such approval and filing, the same shall be a special lien against the various pieces of property described in said assessment and shall be collected in like manner as special assessments are now collected for public improvements.
Chapter 32
Snowmobiles
Section 32-1 Age restrictions.
No person less than fourteen (14) years of age shall operate a snowmobile on public property, streets, or alleys within the city.
Section 32-2 Hours of operation.
No person shall operate a snowmobile within the city between the hours of midnight and 6:00 AM.
Section 32-3 Roadway restrictions.
Section 32-4 Snowmobile regulations.
Every snowmobile operated within the city shall be equipped with a muffler in good working order and in constant operation, adequate brakes, headlights, and taillights. All vehicle equipment, vehicle licensing laws, and operator licensing laws of the State of South Dakota shall apply within the city.
Chapter 33
Streets
Section 33-1 City power over streets, alleys and public grounds – Types of improvements permitted.
The city shall have power to lay out, establish, open, maintain the drainage, vacate, alter, widen, extend, improve, repair, grade, gravel, surface, pave, repave, bridge, construct a viaduct upon or over, erect equipment for street lighting in and otherwise improve, and establish and change the grade of roads, streets, alleys, sidewalks, and public grounds, and to regulate the making of openings and connections therein, and the erection of lights thereon as provided by this section. (SDCL 9-45-1)
Section 33-2 Names of streets and avenues.
The names of the streets in the city heretofore designated are hereby fixed and adopted in accordance with and as shown by the map of the city now on file in the office of the finance officer, which is hereby designated and adopted as the official map of the city.
The city council shall have power to name and change the name of any street, avenue, alley, or other public place; and to regulate the numbering of houses and lots. (SDCL 9-45-2)
Section 33-3 Roadway widths.
The width of the roadways between curb lines for vehicular traffic on the various streets and avenues in the city heretofore established are hereby fixed and established in accordance with the official record of the width of roadways in the city as now on file in the office of the finance officer and are hereby adopted as the official record of the width of roadways in the city.
Chapter 34
Swimming Pool
Section 34-1 Establishment.
The city may own and operate a swimming pool for the benefit of the public.
Section 34-2 Management.
The city council shall designate the days of the year and hours of the day when the pool will be open. It shall hire the necessary lifeguards and instructors and determine their compensation. The council shall determine the admission fee and adopt other rules and regulations for the successful operation of the pool.
Chapter 35
Tax – Sales & Use
Section 35-1 Purpose.
The purpose of this ordinance is to provide additional needed revenue for the City of Menno, Hutchinson County, South Dakota, by imposing a municipal retail sales and use tax pursuant to the powers granted to the municipality by the State of South Dakota, by SDCL 10-52 entitled Uniform Municipal Non-Ad Valorem Tax Law, and acts amendatory thereto.
Section 35-2 Effective date and enactment of tax.
From and after the 1st day of July, 2005, there is hereby imposed as a municipal retail occupational sales and service tax upon the privilege of engaging in business a tax measured by two percent (2%) on the gross receipts of all persons engaged in business within the jurisdiction of the City of Menno, Hutchinson County South Dakota, who are subject to the South Dakota Retail Occupational Sales and Service Tax, SDCL 10-45 and acts amendatory thereto.
Section 35-3 Exempt Sales
Tax will not be applied to items specifically exempt under SDCL 10-52-2.6, 10-52-11 and 10-52-12. Items exempted from municipal tax include: Farm Machinery and Irrigation Equipment, Parts or Repairs for Farm Machinery, Agricultural Animal Health Products and Medicine, Transportation Service, Collection and Disposal of Solid Waste, Veterinarian and Animal Specialty Services, and Air Transportation. This section shall expire on January 1, 2006.
Section 35-4 Use tax.
In addition there is hereby imposed an excise tax on the privilege of use, storage and consumption within the jurisdiction of the city of tangible personal property or services purchased from and after the 1st day of July, 2005, at the same rate as the municipal sales and service tax upon all transactions or use, storage and consumption which are subject to the South Dakota Use Tax Act, SDCL 10-46, and acts amendatory thereto.
Section 35-5 Collection.
Such tax is levied pursuant to authorization granted by SDCL 10-52 and acts amendatory thereto, and shall be collected by the South Dakota Department of Revenue and Regulation in accordance with the same rules and regulations applicable to the State Sales Tax and under such additional rules and regulations as the Secretary of Revenue and Regulation of the State of South Dakota shall lawfully prescribe.
Section 35-6 Interpretation.
It is declared to be the intention of this ordinance and the taxes levied hereunder that the same shall be interpreted and construed in the same manner as all sections of the South Dakota Retail Occupational Sales and Service Act, SDCL 10-45 and acts amendatory thereto and the South Dakota Use Tax, SDCL 10-46 and acts amendatory thereto, and that this shall be considered a similar tax except for the rate thereof to that tax.
Section 35-7 Penalty.
Any person failing or refusing to make reports or payments prescribed by this ordinance and the rules and regulations relating to the ascertainment and collection of the tax herein levied shall be guilty of a misdemeanor and upon conviction shall be fined not more than $200. In addition, all such collection remedies authorized by SDCL 10-45, and acts amendatory thereto, and SDCL 10-46, and acts amendatory thereto are hereby authorized for the collection of these excise taxes by the Department of Revenue and Regulation.
Section 35-8 Separability.
If any provision of this ordinance is declared unconstitutional or the application thereof to any person or circumstances held invalid the constitutionality of the remainder of the ordinance and applicability thereof to other persons or circumstances shall not be affected thereby.
Chapter 36
Traffic
Section 36-1 Obedience to police.
Members of the police department, and special police assigned to traffic duty, are hereby authorized to direct all traffic in accordance with the provisions of this chapter and the laws of the State of South Dakota, or in emergencies as public safety or convenience may require, and it shall be unlawful for any person to fail or refuse to comply with any lawful order, signal or direction of a policeman. Except in case of emergency, it shall be unlawful for any person not authorized by law to direct or attempt to direct traffic.
Section 36-2 Scene of fire or emergency.
The fire department officer in command, or any fireman designated by him, may exercise the powers and authority of a policeman in directing traffic at the scene of any fire or where the fire department has responded to an emergency call for so long as fire department equipment is on the scene in the absence of or in assisting the police.
Section 36-3 Signs and signals.
It shall be illegal and unlawful for the driver of any vehicle to disobey the instructions of any traffic sign or signal placed in view by authority of the mayor and city council or in accordance with the laws of the State of South Dakota, excepting on direction of the governing body or a police officer.
Section 36-4 Unauthorized signs.
No person shall place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic control device or railroad sign or signal, or which attempts to direct the movement of traffic, nor shall any person place, maintain or display upon or in view of any highway any other sign which hides from view or interferes with the movement of traffic or effectiveness of any traffic control device or any railroad sign or signal, and no person shall place or maintain nor shall any public authority permit upon any highway any traffic or signal bearing thereon any commercial advertising.
Any such unauthorized device is hereby declared to be a nuisance, and may be removed by any police officer.
Section 36-5 Injuring or interference of traffic signs.
It shall be unlawful for any person to drive into, deface, injure, move, or interfere with any official traffic sign or signal, standard, post, chain, rope, or other device installed or placed to indicate safety zones or for the purpose of directing or regulating traffic.
Section 36-6 Animals or bicycles.
Every person riding a bicycle or an animal, or driving any animal drawing a vehicle upon any street, shall be subject to the provisions of this ordinance applicable to the driver of a vehicle, except those provisions which can have no application to one riding a bicycle or driving or riding an animal. Bicycles may be ridden on sidewalks.
Section 36-7 ATV’s and golf carts.
Any ATV (all-terrain vehicle) or golf cart that is to be driven on the streets of this city will be licensed and equipped with working headlights and taillights.
Section 36-8 Speed limits.
No person shall drive a vehicle on a highway or street at speed greater than is reasonable and prudent under the conditions of the road and having regard to the actual and potential hazards then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering any street, road, or highway in compliance with legal requirements and it is the duty of all persons to use due care.
Where no special hazard exists the following speeds shall be lawful but any speed in excess of said limits shall be prima facie evidence that the speed is not reasonable or prudent and that is unlawful:
The driver of every vehicle shall, consistent with the requirements of this section, drive at an appropriate reduced speed when approaching and going around a curve, when approaching and crossing an intersection, when traveling upon any narrow roadway, and when a special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
Section 36-9 Traffic minimum regulations.
No person shall drive a motor vehicle at such a slow speed as to impede reasonable traffic movement, except when reduced speed is necessary for safe operation or in compliance with law.
Section 36-10 Vehicles on the right side of the street.