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GENERAL
The words and phrases defined in this chapter, shall, when used in this chapter, have the meanings respectively ascribed to them in such section, except in those instances where the context clearly indicates a different meaning.
ABANDONED PROPERTY. Any deteriorated, wrecked or derelict property in unusable condition, having no value other than nominal scrap or junk value, if any, and which has been left unprotected outside of a permanent structure from the elements, and shall include, with being so restricted, deteriorated, wrecked, inoperative, or partially dismantled motor vehicles, trailers, boats, machinery, refrigerators, washing machines, plumbing fixtures, furnitures and any other similar articles in such a condition.
ANIMAL WASTE. Any accumulation of waste manure or straw resulting from the transportation, housing or confining of animals not awaiting transportation, sale or slaughter in a duly licensed stockyard, sale pavilion or hatchery. ANIMAL WASTE is also known as LIVESTOCK WASTE.
APPLIANCE. Any household or office device operated by gas or electrical current which would include by not be limited to stoves, refrigerators, washing machines and dryers.
BREEDING PLACES FOR FLIES. The accumulation of manure, garbage, or anything whatever which are harboring places and breeding places for flies.
BREEDING PLACES FOR RATS AND OTHER RODENTS. The accumulation of manure, garbage, or anything whatever which are harboring places and breeding places for rats and other rodents.
BUILDING OFFICIAL. The municipal health inspector, the fire inspector, the building inspector, their respective authorized representatives, or any other municipal official authorized by the governing body with the enforcement of this code.
GARBAGE and REFUSE. 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 municipality which arc likely to transmit disease or which may be a hazard to health.
GARBAGE HANDLING IMPROPERLY. Throwing or letting fall on or permitting to remain on any street, alley, or public ground any manure, garbage, rubbish, filth, fuel, or wood while engaged in handling or removing any such substances.
IMPERFECT PLUMBING. Any imperfect, leaking, unclean, or filthy sink, water closet, urinal or other plumbing fixture in any building used or occupied by human beings.
MANURE. The accumulation of MANURE or livestock waste unless it be in a securely tied, closed biodegradable package placed in a leak-proof container with a tight fitting cover.
NUISANCE. A NUISANCE consists in unlawfully doing an act, or omitting to perform a duty, which act or omission either:
(1) Annoys, injures or endangers the comfort, repose, health or safety of others;
(2) Offends decency;
(3) 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;
(4) In any way renders other persons insecure in life, or in the use of property.
(SDCL § 21-10-1)
(5) Nothing which is done or maintained under the express authority of a statute can be a
NUISANCE.
(SDCL § 21-10-2)
POLLUTING RIVER. Throwing or leaving any dead animal or decayed animal or vegetable matter or any slops or filth whatsoever, either solid or fluid, into any pool water.
PREMISES. A lot or parcel of land, improved or unimproved, parking areas thereon, walkways and sidewalks.
PRIVATE NUISANCE. Every other nuisance that is not a public nuisance is a PRIVATE NUISANCE.
(SDCL § 21-10-3)
PUBLIC NUISANCE. One which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon the individuals may be unequal.
(SDCL § 21-10-3)
RUBBISH. Depositing, maintaining, or permitting to be maintained or to accumulate upon any public or private property any combustible refuse matter such as paper, sweepings, rags, grass, tree branches, wood shavings, wood, magazines, cardboard and the like.
STAGNANT WATER. Any water or liquid in which mosquito larvae exist.
VEGETATION.
(1) All weeds or plants declared to be primary or noxious weed or secondary noxious weed by the State Weed Board and all other weed and grass growing upon any lot or parcel of land in the municipality to a greater height than eight inches which have gone or are about to go to seed. This section does not prohibit the cultivation of crops.
(2) Fallen tree limbs, dead trees, and dead tree limbs, which in the opinion of the governing body or appointed official constitute a health, safety or fire hazard.
(3) Limbs of trees hanging within less than seven feet in height from any sidewalk or 14 feet
in height from the traveled portion or parking area of any street or road right-of-way within the municipality, all of which collectively are hereinafter referred to as
OVERHANGING LIMBS.
WASTE MATERIAL. All noncombustible inorganic matter such as ashes, glass, sand, earth, stones, concrete, mortar, metals, tin cars and the like.
One or more of the following conditions and/or acts either alone or in combination with other, which at the same time affects an entire community or neighborhood, or a considerable number or persons, although the extent of annoyance or damage inflicted upon the individuals may be unequal, constitutes a public nuisance, however this enumeration shall not be deemed to be exclusive:
(A) The keeping of a premises at variance with the zoning laws applicable to the premises.
(B) The interference, obstructing or rendering dangerous for passage any lake, or navigable river, bay, stream, public park, street, alley or highway.
(C) Broken windows, doors, attic vents and underfloor vents.
(D) Allowing the exterior building coverings to deteriorate as to encourage decay, dry rot, warping and cracking.
(E) Any malfunctioning, leaking, unclean or filthy sink, water closet, urinal or other plumbing fixture in any building open for public use.
(F) Any sign or sign structure that is dismantled, partially dismantled, defective, broken, deteriorated, in disrepair or defaced.
(G) The accumulation of dead animals or fowl, animal or fowl matter or waste of any kind, dead, decayed, diseased trees, and other vegetation.
(H) Failure to store in a covered metal container or throwing or letting fall on or permit to remain on any street, alley or public ground any manure, garbage, rubbish, filth, fuel, small dead animals, wood or like material.
(I) Allowing the movement by natural elements, or the accumulation, or discarding, or throwing of litter, which would include by not be limited to: trash, refuse, debris, newspapers, magazines, glass, plastic containers, or styrofoam containers.
(J) Depositing, maintaining, or permitting to be maintained or be accumulated upon any public or private property any combustible refuse matter such as papers, sweepings, rags, grass, tree branches, wood shavings, wood, magazines, cardboard, and the like.
(K) The accumulation of junk and/or litter maintained upon any premises.
(L) Undressed hides kept longer than 24 hours, except at the place where they are to be manufactured, or in storeroom or basement whose construction is approved by the health department.
(M) Parking or permitting a livestock truck or trailer to remain on any street, area or public ground in a residential district when such truck or trailer gives off an offensive odor or is contaminated with manure or other filth.
(N) Any excavation or depression in which stagnant water is permitted to collect or allow for the multiplication of insects.
(O) (1) Maintaining upon such premises or upon the sidewalk abutting or adjoining such lot, parcel, tract or piece of land, loose earth, mounds of soil, fill material, asphalt, concrete rubble or waste material of any kind (all such materials shall hereinafter be referred to as waste materials), except for waste materials used for construction or landscaping upon premises in which case it shall be the duty of the owner, lessee, occupant or persons in possession of premises wherein waste material exist, to maintain weed control during construction and to level or remove waste materials after construction is completed, or in any event, within eight months for time or placement of waste materials.
(2) For sites where filling, grading or excavation activities have or will span more than one year, it shall be the duty of the owner, lessees, occupant or person on possession of said premises to level or remove the waste materials from said premises at least once each year during the months of either June, July or August for the purpose of maintaining weed and rodent control.
(P) Livestock and poultry when a public nuisance. The collecting, keeping or feeding of any cattle, sheep, swine, goats, horses or poultry upon premises which are not maintained in a reasonably clean and sanitary condition, free from any noxious or offensive odor, or which will unreasonably interfere with the proper enjoyment of property in the area for residential or business purposes.
Penalty, see § 90.99
Cross-reference:
Land usage, see Title XV
(A) All slot machines capable of being used for gambling and places where they are kept or operated together with all property of any kind kept or used in connection with the operation of the same, are hereby declared to be public nuisances.
(B) This section does not prohibit the manufacture, or any act appurtenant to the manufacture, of slot machines, or devices in this state for distribution.
(SDCL § 22-25-14) Penalty, see § 90.99
(A) For the purposes of promoting the public safety, health, welfare, convenience and enjoyment of public travel, to protect the public investment in public highways, and to preserve and enhance the scenic beauty of lands bordering public highways, it is hereby declared to be in the public interest to regulate and restrict the establishment, operation, and maintenance of junk yards in areas adjacent to the interstate and primary systems within this state.
(B) Junkyards that do not conform to the requirements of this chapter are public nuisances.
(SDCL § 31-30-1) Penalty, see § 90.99
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