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GENERAL PROVISIONS
(A) Defined. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
LITTER. Any discarded, used, or unconsumed substance or waste, including but not limited to, any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazine, glass, metal, plastic, or paper containers or other packaging construction material, abandoned motor vehicle, as defined in SDCL § 32-36-2, motor vehicle parts, furniture, oil, carcass of a dead animal, any nauseous or offensive matter of any kind, any object likely to injure any person or create a traffic hazard, or anything else of an unsightly or unsanitary nature, which has been discarded, abandoned, or otherwise disposed of improperly.
(Prior Code, § 3.0201)
(B) Littering. No person may dump, deposit, drop, throw, discard, leave, cause or permit the dumping, depositing, dropping, throwing, discarding, or leaving of litter upon any public or private property in this city, or upon or into any river, lake, pond, or other stream or body of water in this city, unless:
(1) The property has been designated by the city or any of its authorized employees or agents for the disposal of litter;
(2) The litter is placed into a receptacle or other container intended by the owner or tenant in lawful possession of that property for the deposit of litter;
(3) The person is the owner or tenant in lawful possession of the property or has first obtained the consent of the owner or tenant in lawful possession, or unless the act is done under the personal direction of the owner or tenant and does not create a public health or safety hazard, a public nuisance, or a fire hazard;
(4) The person is acting under the direction of proper public officials during special cleanup days; or
(5) The person is lawfully acting in or reacting to an emergency situation where health and safety is threatened, and removes and properly disposes of such litter when the emergency situation no longer exists.
(Prior Code, § 3.0202)
(C) Littering from motor vehicle, transporting litter to highway or street receptacles. No person shall dump, deposit, drop, throw, discard, or otherwise dispose of litter from any motor vehicle upon any public highway, upon any public or private property or upon or into any river, lake, pond, stream, or body of water in the city except as permitted by law, nor shall any person transport by any means garbage or refuse from any dwelling, residence, place of business, farm, or other site to and deposit such material in, around, or on top of trash barrels or other receptacles placed along public highways or streets. A person convicted of violating this section while operating a motor vehicle shall be considered to have been convicted of a moving traffic violation, and a report of such conviction may be forwarded to the appropriate state authorities.
(Prior Code, § 3.0203) Penalty, see § 10.99
(A) No person shall start, allow, or maintain any fire within the city, unless the same is totally enclosed, without the prior consent of the City Council, except for the following permitted fires:
(1) Fires purposely set for instruction and training of public and industrial firefighting personnel when authorized by the Fire Chief of the Volunteer Department, but only after proper notification to the city;
(2) Fires set for the elimination of a fire hazard which cannot be abated by any other means when authorized by the Fire Chief of the Volunteer Fire Department, but only after proper notification to the city;
(3) Fires purposely set by city maintenance personnel for the purposes as authorized by the Fire Chief of the Volunteer Fire Department; and
(4) Campfires, in designated fire pits and other fires used solely for recreational purposes, for ceremonial occasions, or for outdoor preparation of foods.
(B) When used above, PROPER NOTIFICATION TO THE CITY shall mean advanced written notice describing in detail the fire to be set including the date and time of the same, delivered to the Mayor or Municipal Finance Officer, at least one day before the fire.
(Prior Code, § 3.0401)
Statutory reference:
Similar state provisions, see SDCL § 9-33-1
(A) Generally. The City Council shall have the right to regulate and/or prohibit the use of any pesticide within the city including the area within one mile of the city limits, by regular or special ordinance, resolution, or other appropriate action.
(Prior Code, § 3.0501)
(B) Sodium monoflouracetate. Before any person shall use or make any application of the pesticide Sodium Monoflouracetate, commonly known as 10-80, within the city or within one mile of the city limits, written application therefor shall be submitted to the City Council for approval. Such application shall include the name, address, and phone number of the applicant, the name, address, and phone number of the proposed user of the pesticide, the reasons of the proposed use and the date(s), extent, and manner of application. No use of the pesticide shall be made until specific prior approval therefor has been granted by the City Council.
(Prior Code, § 3.0502)
(C) Conditions for use. If the Council approves any such use or application, it shall have the right to set such stipulations as it may see fit. Further the Council shall have the right to set and receive a bond, in the amount set by the Council, from the applicant or user, conditioned on the safe application of the pesticide.
(D) Notice. If the Council shall approve any application, with or without stipulations, the applicant or user shall submit to the Council for its approval, a notice for publication and posting, stating that the pesticide will be used, where and when it will be used, the persons (including name, address, and phone number) applying for and using the same, the reason for the use, the fact that the pesticide is harmful to human and animal health, and the date when the area will be safe again.
(1) The notice shall be in the form and contain the information, including the above, as specified by the Council.
(2) The notice shall be published in the paper or papers designated by the city for two successive weeks prior to the proposed use, the second publication to be at least three days and not more than seven days before the proposed use. The published notice shall be entitled “NOTICE-DEADLY PESTICIDE TO BE USED IN BALTIC” in bold print at least one-eighth inch high.
(3) The notice, with the same title, shall be posted on the subject property in the location(s) directed by the Council with letter sized to be sufficiently large enough, as directed by the Council so that the title is clearly readable from a distance. Notice shall be posted at least seven days before the proposed use.
(4) All notice shall be done at the applicant’s expense.
(E) Violation. Any person violating this section shall be subject to prosecution. Each separate day or instance in violation shall be considered a separate offense.
(Prior Code, § 3.0505) Penalty, see § 10.99
(A) Unlawful conditions. It shall be unlawful for any person owning, managing, leasing, occupying, or having charge or possession of any building or premises in the city to keep, manage, or maintain the same in any of the following manners:
(1) Any building or other structure which has been abandoned; boarded up; partially destroyed or dismantled; partially constructed but uncompleted after the expiration of the building permit issued for the same; in disrepair on account of broken siding or roof, peeling paint left unattended, sagging walls or roof, or repaired in an unsuitable patchwork-like manner or similar condition;
(2) Broken windows, doors, siding, or roofing, after the passing of a reasonable time within which the same should have been properly repaired;
(3) Any building or other structure in such a state or condition that it endangers the health, safety, peace, welfare, or comfort of any person who may come in close proximity thereto;
(4) Any building designed for human occupancy that is in such a state of disrepair or lack of maintenance, or other condition, at any time, that is not fit for human occupancy;
(5) Any sidewalk area in a state of breakup, disrepair or blockage such that it is unsafe for pedestrian traffic;
(6) Vegetation, including trees, grass, and weeds left unchecked or unattended in violation of Chapter 93 of this code of ordinances;
(7) Abandoned, discarded, or unused furniture, appliances, sinks, tubs, toilets, cabinets, or other household goods or fixtures left so as to be visible from a public street, alley, or adjoining property;
(8) Abandoned, wrecked, dismantled, or inoperative motor or other vehicles, trailers, motor homes, mobile homes, campers, boats, bicycles, motorcycles, lawn mowers, and other similar items, including parts thereof, wheels, tires, and the like;
(9) Trash, garbage, or refuse cans, bins, boxes, bags, or other such containers stored in areas visible from public streets or adjoining property;
(10) Lumber, junk, trash, tanks, barrels, debris, or machinery, tools, and other similar materials maintained upon any premises which is visible from a public street, alley, or adjoining property;
(11) The maintenance on any property of mounds or piles of soil, fill material, sand, gravel, asphalt, concrete, or any other material except temporarily in conjunction with construction or landscaping on the property;
(12) The maintenance or allowing of any other condition not compatible with the zoning classification of the property or not compatible with surrounding land uses in the neighborhood; or
(13) Any similar condition.
(Prior Code, § 3.0601)
(B) Right of entry.
(1) Whenever necessary to make an inspection or to enforce any of the provisions of this section, or whenever the City Council has reasonable cause to believe that there exists in any building or upon any premises, any condition which is prohibited under this section, an authorized representative of the city may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon such representative by this section.
(2) No owner or occupant or any other person having charge or care of any building or premises shall fail or neglect, after proper demand, to properly permit entry therein by an authorized representative of the city for the purpose of inspection and examination pursuant to this section.
(Prior Code, § 3.0602) Penalty, see § 10.99
NUISANCES
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