8-1-2: ASSESSMENTS FOR IMPROVEMENTS:

   A.   Street And Alley Improvements: Whenever the City Council shall cause to be opened, widened, extended, graded, graveled, surfaced with oil or other bituminous material, paved, repaved, street lighting equipment to be erected in, curbed, guttered, drained or otherwise improved, any street, alley or public way, it may provide for the cost thereof to be paid by special assessment against the abutting property, according to law 1 . All such special assessments shall be imposed in strict conformance with the applicable laws of the State. (1984 Code § 34-52)

   B.   Sidewalk Improvement: Whenever the City Council shall cause to be constructed, reconstructed or repaired any sidewalk, it may provide for the cost thereof to be paid by special assessment against the abutting property, according to law. All such special assessments shall be imposed in strict conformance with the applicable laws of the State. (1984 Code § 34-53)

 

Notes

1	1. SDCL § 9-45-39.

8-1-3: USE OF PUBLIC WAYS:

   A.   Building Materials: No person shall place or keep any building equipment or material on any street, alley or public ground without securing a permit therefor and complying with the provisions of this subsection.

      1.   The director of public works, with approval of the chief of police or designated representative, may grant a written permit, for a time therein limited and not exceeding three (3) months, to any person to keep building equipment and materials on any street, alley or public place adjacent to any lot whereon such building material is about to be used. For good cause, such permit may be extended.

      2.   Such permit shall not authorize the obstruction of more than two-thirds (2/3) of the widths of the sidewalk or more than one- third (1/3) of the roadway adjacent to such lot nor shall such materials be so kept as to obstruct the free flow of water in gutters of such street. (1984 Code § 34-4)

      3.   The person to whom a permit is issued shall keep posted at such place adequate warning lights, designed to the standards of the "Manual On Uniform Traffic Control Devices" for the protection of the traveling public, and shall, before the expiration of the time limit in such permit or extension thereof, remove all such material and rubbish from such sidewalk, street, alley or public place. (1984 Code § 34-4; amd. 2005 Code)

   B.   Merchandise On Sidewalk: No person shall place any goods or merchandise for sale or exhibition upon any sidewalk; except, that for the purpose of loading or unloading, such articles may be placed upon the outer side of sidewalk for such time as may be necessary to load or unload the same, but in no instance shall any such articles be left upon the sidewalk in the nighttime or in such way as to obstruct the sidewalk. The city council may authorize exceptions to this subsection; provided, that any such exception and the reasons therefor are entered into the minutes of the city council. (1984 Code § 34-23)

   C.   Newsracks On Public Ways And Property:

      1.   No newsrack or newspaper vending box or stand shall be placed or allowed to remain upon the Corn Palace or Corn Palace parking lot premises, city hall or city hall parking lot premises or the sidewalks adjacent thereto (block 6, Rowley's first addition to the city of Mitchell, Davison County, South Dakota).

      2.   No person shall suffer or allow any newsrack, newspaper rack or stand to be placed upon any sidewalk or public way in the city in a manner or location which unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic or creates a hazard to the persons or property within the city or causes or creates a nuisance.

      3.   No newsrack may be fastened to or secured upon any public way or public property and may not be claimed or fastened to any public light pole, street sign or other publicly owned fixture or structure. (Ord. 1535, 7-21-1986)

      4.   The penalty for violation of any of the provisions of this subsection and for each of said violations shall be as provided in the general penalty in section 1-4-1 of this code. Each day a violation of this subsection exists shall be deemed to be a new and separate violation. (Ord. 1535, 7-21-1986; amd. 2005 Code)

   D.   Awnings Over Sidewalks 1 : (Rep. by Ord. 2422, 1-21-2013)

   E.   Service Stations And Pumps On Public Ways: No person shall locate, construct or maintain any gasoline or oil filling station or pump, in whole or in part, upon any street, parking or sidewalk or under any public right of way. (1984 Code § 34-13; amd. 2005 Code)

 

Notes

1	1. See subsection 9-4-5K4 of this code.

8-1-4: DAMAGE TO PUBLIC WAYS:

   A.   Moving Things Over Public Ways:

      1.   No person shall drag over any of the streets or alleys of the city any branches of trees, chain or other material which shall come in contact with and drag upon such roadway. This subsection A1 shall not apply to machines used in maintaining the streets and alleys, under the supervision of the director of public works. (1984 Code § 34-7)

      2.   No person shall move any article over any street or alley within the city unless such article is entirely supported on wheels, except when such operation is specifically authorized by the Director of Public Works. (1984 Code § 34-24)

   B.   Vehicles With Lugs: No person shall haul, drive or convey across or upon any of the paved or bituminous surfaced streets, alleys or crosswalks of the City any engine, tractor, machine or vehicle having lugs, cogs or spikes on the wheels or tracks thereof without first having planked such pavement in a manner sufficient to prevent damage to such pavement. (1984 Code § 34-6)

   C.   Fires On Pavements: No person shall burn or permit to be burned any material of any kind upon any paved or bituminous surfaced street, alley or public place 1 . (1984 Code § 34-11)

   D.   Use Of Saltwater Mixtures: No person shall deposit or cause to be deposited, directly or indirectly any salt or saltwater brine upon any sidewalk, street or alley, except for the placing of salt upon sidewalks and pavements when it is necessary to protect pedestrians from slipping on the ice. (1984 Code § 34-2)

 

Notes

1	1. See section 5-4-4 of this Code.

8-1-5: OBSTRUCTIONS:

   A.   Vehicle Obstructions: No person shall place, leave or keep on any street, road, alley, sidewalk or other public ground any vehicle, except when the same shall be in actual use or parked as provided by this Code 1 or other Traffic Ordinances or any other article, substance or material which may obstruct the free use of such street, road, alley, sidewalk or public ground. (1984 Code § 34-1)

   B.   Train Obstructions: No railroad company, engineer, conductor or other employee of such company shall cause or allow any locomotive engine, car or train to stop or remain on any street or railroad crossing for a longer period than five (5) minutes at any one time; provided, that in case of accident at any such place, a reasonable time shall be allowed to remove any obstruction caused thereby. (1984 Code § 34-10)

   C.   Sight Triangle At Intersections 2 : (Rep. by Ord. 2422, 1-21-2013)

   D.   Crowds Obstructing Public Ways: It shall be unlawful for persons to gather in crowds or groups or for any person to stand on any public street or sidewalk in such a manner as to obstruct free passage thereon or to annoy other persons passing along the same, and any police officer is authorized to disperse any crowd or group or to cause the removal of any person violating the provisions of this subsection and to summarily arrest any person in case of refusal to obey any reasonable direction or preventing annoyance to any passerby on any public street or sidewalk. (1984 Code § 34-20)

 

Notes

1	2. See title 7, chapter 4 of this Code.
2	1. See subsection 9-4-5I of this Code.

8-1-6: PROHIBITED AND RESTRICTED ACTS AND CONDITIONS:

   A.   Depositing Rubbish Or Injurious Material On Public Ways: No person shall place, throw or deposit or cause to be thrown, placed or deposited on any street, alley or public place any of the following:

      1.   Any stone, brick, gravel, crushed rock, asphalt, tar, oil or grease or any other substance injurious to pavement.

      2.   Any ashes, rubbish, manure, carcass of any dead animal or any other filthy or offensive matter or thing. This subsection shall not apply to building material placed on streets or provided by this Code or other ordinance. (1984 Code § 34-3)

   B.   Leaving Rubbish Or Sweepings Within Business District: No person, except City employees actually engaged in cleaning streets or alleys, shall deposit or leave in any street or alley within the Business District of the City any sweepings or rubbish. (1984 Code § 34-22)

   C.   Tampering With Public Ways And Property: No person shall injure or remove any pavement, sidewalk, crosswalk, drain or sewer or dig any hole, ditch or drains in any street, alley or public ground or remove any of the gravel, sand or soil therefrom, except when authorized by the Director of Public Works. (1984 Code § 34-5)

   D.   Vehicles On Parkings Or Sidewalks: See subsection 7-3-8B of this Code. (Ord. O2019-03, 4-15-2019, eff. 7-1-2019)

8-1-7: SIDEWALK SNOW AND ICE REMOVAL:

8-1-7-1: DUTY TO REMOVE IN GENERAL:

The occupant or owner of any premises in the City shall remove all snow and ice from the entire width of all adjacent public sidewalks within forty eight (48) hours after the fall of snow or the formation of ice on such sidewalk. Adjacent sidewalk shall include all sidewalk located in public right-of-way and between the property line and the nearest roadway. Adjacent sidewalk shall also include all sidewalk located on private property but within a sidewalk easement. No occupant or owner may be relieved of this duty except by application of section 8-1-7-2 of this section 8-1-7. (Ord. O2018-08, 9-17-2018)

8-1-7-2: SPECIAL REMOVAL AREAS DESIGNATED:

For the purposes of maintaining aesthetics, lengthening the useful life of sidewalks, and establishing certain priority routes for pedestrian travel, the City Council may designate special removal areas by resolution. In such special removal areas, the general duty under section 8-1-7-1 of this section 8-1-7 shall not apply and the City of Mitchell shall be responsible for sidewalk snow and ice removal. (Ord. O2018-08, 9-17-2018)

8-1-7-3: REMOVAL BY CITY UPON VIOLATION:

If the owner or occupant of any premises shall fail, neglect, or refuse to comply with section 8-1-7-1 of this section 8-1-7, it shall be the duty of the Director of Public Works to remove or cause the removal of such snow or ice. Such owner or occupant shall be responsible for all costs of removal in addition to any fines that may apply. The City may contract with private persons to accomplish the removal of snow or ice as is required by this section. (Ord. O2018-08, 9-17-2018)