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.