No person shall create, commit, maintain, or permit to be created, committed, or maintained any nuisance within the unincorporated area of the county. For the purposes of this chapter, a person shall be considered to be any individual, partnership, firm, association, municipality, public or private corporation, state, tribe, nation, political subdivision, trust, estate, or any other legal entity, including any officer or governing or managing body thereof.
(Ord. 0604-13, passed 4-11-2006) Penalty, see § 90.99
Whatever is dangerous to human health, whatever renders the ground, the water, the air, or food a hazard or an injury to human health, and the following specific acts, conditions, and things are, each and all of them, hereby declared to constitute nuisances, provided, however, that this enumeration shall not be deemed to be exclusive:
(A) Abandoned property. Any deteriorated, wrecked, dismantled, derelict, or inoperable property in unusable condition in its present state and which has been left outside of an enclosed permanent structure. Without being so restricted, this shall include deteriorated, wrecked, inoperative, dismantled or partially dismantled, or unlicensed motor vehicles; dilapidated or unregistered mobile homes, trailers, boats, machinery, refrigerators, washing machines, or other appliances; plumbing fixtures, furniture, automotive parts, waste building materials, junk, and any other similar articles in such condition;
(B) Breeding place for flies, rodents, and pests. The accumulation of manure, garbage, tires, debris, or discarded items which is a potential harboring place and breeding area for flies, vermin, and rodents;
(C) Burning. Burning of any excrement, chemical or plastic substances, or any liquid or substance in violation of federal or state dischargeable substances statutes or county ordinances on any property. This includes the burning of any tires, rubber products, asphalt shingles, plastic, tar paper, or any substance which may cause a black, hydrocarbon, toxic, or noxious plume of smoke. Also included is the burning of insecticide, fertilizer, or chemical containers, except in accordance with SDDOA Administrative Rule 12:56:02, which does not allow open burning of pesticide or pesticide containers; except the open burning of small quantities of combustible containers on open fields, which shall not exceed more than one day’s accumulation, but no more than 50 pounds of combustible containers, formerly containing organic or metallo-organic pesticides, except organic mercury, lead, cadmium, beryllium, selenium, or arsenic compounds;
(D) Burning during a fire danger emergency. Burning of any substance, whether natural or human-made, or the intentional casting off of any burning substance, natural or human-made, within any incorporated area of the county during a fire danger emergency. For the purpose of this division (D), the Board of County Commissioners may declare, by resolution, a fire danger emergency at any time of the year, in any unincorporated area of the county, when weather or other conditions make open burning of any substance unduly hazardous and/or a danger to public safety. Said resolution may prohibit all open burning of any substances, regardless of circumstances, until such time as the resolution is rescinded by appropriate action of the Board of County Commissioners. This division (D) does not apply to the maintaining of a fire in any interior fireplace, stove, or furnace;
(E) Careless burning. Burning within any unincorporated area of the county without first contacting the county’s Communications Director to notify that agency of the specific location and exact time of any burning activity. Burning in such manner or without reasonable safeguards to prevent sparks, flames, hot ashes, or embers from escaping from any open fire or fire container which could result in the spread of a fire. All open burning must be attended by one or more person(s) at all times while any sparks, flames, or hot ashes are present. This division (E) does not apply to the maintaining of a fire in any interior fireplace, stove, or furnace. This division (E) does not apply to the burning of any substance in a 55-gallon barrel or barrel of smaller size;
(F) Dead animals. For the owner of a dead animal to permit it to remain undisposed for more than 24 hours;
(G) Disposal or accumulation manure generated outside of the county. Disposing or accumulating any manure or other manure or animal waste material generated outside of the county without a valid permit issued by the Board of County Commissioners;
(H) Drainage. Diverting or permitting the diversion of water upon any county road, county highway, or county right-of-way without a valid permit obtained from the county’s Highway Superintendent and issued by the Board of County Commissioners. Nothing in this division (H) shall be construed to prohibit drainage which is otherwise permissible under SDCL § 46A-10A-20;
(I) Driveways. Building a driveway or road upon any county road, county highway, or county right-of-way without a valid permit, obtained from the county’s Highway Superintendent and issued by the Board of County Commissioners;
(J) Encroachment. Encroaching or permitting the encroachment of any county road, county highway, or county right-of-way, which includes allowing a significant amount of soil to be blown onto any county road, county highway, or county right-of-way such that the amount of soil interferes with the operation of the road or the drainage of the right-of-way;
(K) Fill. Filling a gravel pit or other environmentally sensitive area with something other than clean fill;
(L) Garbage or refuse. Depositing, maintaining, or permitting to be maintained accumulations of garbage, refuse, litter, waste, trash upon any property outside an approved solid waste facility. This shall include the accumulation of any animal and vegetable material which attends the processing, preparation, transportation, cooking, eating, sale, or storage of meat, fish, vegetables, fruit, and all other food or food products which is likely to transmit disease or which may be a hazard to health;
(M) Improper accumulation of waste material. Any accumulation of material such as ashes, glass, sand, earth, stones, concrete, mortar, or asphalt;
(N) Improper garbage hauling. Throwing or letting fall on or permitting to remain on any street, road, or public ground any manure, septage, garbage, rubbish, filth, fuel, or wood while engaged in handling or removing any such substances;
(O) Litter. Garbage, rubbish, trash, or other waste material improperly disposed of by discarding, abandoning, allowing to accumulate, scattering, or depositing on any private or public property outside of an approved container or solid waste facility or allowing such waste to be carried onto another property by natural elements;
(P) Polluting waters of the state. Depositing any dead animal, decayed animal, vegetable matter, garbage, discarded items, manure, or any slops or filth, either solid or fluid, into any waters of the state;
(Q) Private landfill. Operating or allowing the operation of a private landfill without proper state or county approval;
(R) Rubbish. Depositing, maintaining, or permitting to be maintained or to accumulate upon any property any combustible refuse matter such as papers, sweepings, rags, grass, dead trees, tree branches, wood shavings, scrap wood, magazines, cardboard, and the like;
(S) Snow removal. Depositing or permitting the deposit of snow from private property upon a county road, county highway, or county right-of-way; and
(T) Vegetation. All weeds or plants declared to be primary or secondary noxious weeds by the state or county weed boards. Grass, except natural landscaping, exceeding 12 inches in height in a residential subdivision.
(Ord. 0604-13, passed 4-11-2006; Ord. 2007-55, passed 7-28-2020) Penalty, see § 90.99
The Planning Director is hereby authorized and directed to enforce all the provisions of this chapter and establish rules for its administration. The Planning Director may designate other the county employees, including the Sheriff’s Department, to assist in the enforcement of this chapter.
(Ord. 0604-13, passed 4-11-2006)
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