Loading...
§ 90.03  CONDITIONS AND/OR ACTS CONSTITUTING A NUISANCE.
   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
§ 90.04  SLOT MACHINE AND PREMISES PUBLIC NUISANCE.
   (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
§ 90.05  JUNK YARDS ADJACENT TO INTERSTATE AND PRIMARY HIGHWAYS; REGULATION.
   (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
§ 90.06  APPLIANCES AND OTHER AIRTIGHT CONTAINERS.
   (A)   The keeping of any discarded icebox, refrigerator or other airtight container is hereby declared to constitute a public nuisance and the same shall be abated as provided by state law and the abatement of such nuisance shall not, in any manner, affect any penalty which may be imposed for the violation of this chapter.
   (B)   It shall be unlawful for any person to leave or permit to remain outside of any dwelling, building or other structure or within any unoccupied or abandoned building, dwelling or other structure under his or her control in a place accessible to children any abandoned or discarded icebox, refrigerator or other container which has an airtight door or lid, snap lock or other locking device which may not be released rom the inside, without first removing the door or lid, snap lock or other locking device from the icebox, refrigerator or container.
Penalty, see § 90.99
§ 90.07  HARBORING FLIES, INSECTS OR RODENTS.
   It shall be a nuisance and unlawful to place, leave, dump or permit the accumulation of manure, garbage, or anything whatever, which harbors or favors the multiplication of flies, insects or rodents.
Penalty, see § 90.99
Loading...