CHAPTER 130: GENERAL PROVISIONS
Section
   130.001   Parties to crimes
   130.002   Assaulting officers
   130.003   Definitions
   130.004   Indecency
   130.005   Keeping discarded iceboxes, refrigerators or airtight containers declared nuisance
   130.006   Railroad trains blocking street
   130.007   Prohibition on certain forms of solicitation
   130.008   Weights and measures
   130.009   Delay, obstruction or resistance of public officer
   130.010   Smoking in city-owned buildings
   130.011   Being in or on water illegal
 
   130.999   Penalty
Cross-reference:
   Noise control, see §§ 93.001 through 93.011
   Permit for parade or assembly required, see § 96.181
Statutory reference:
   Crimes, see SDCL title 22
   Law enforcement, see SDCL title 23
§ 130.001 PARTIES TO CRIMES.
   All persons concerned in the commission of any offense against the city, whether they directly commit the act constituting the offense or aid and abet in its commission, though not present, shall be deemed guilty as a principal in that unlawful act.
(1957 Rev. Ords., § 16.301; 1992 Code, § 26-1) Penalty, see § 130.999
Statutory reference:
   Parties to crimes, see SDCL ch. 22-3
§ 130.002 ASSAULTING OFFICERS.
   It shall be unlawful for any person to assault or strike any officer of the city when the officer is in the discharge of his or her duty.
(1957 Rev. Ords., § 9.207; 1992 Code, § 26-2) Penalty, see § 130.999
Statutory reference:
   Assaults and personal injuries, see SDCL ch. 22-18
§ 130.003 DEFINITIONS.
   For the purposes of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
   ULTIMATE FIGHTING. Any activity, regardless of how named or described, which involves any scheduled, sponsored or permitted physical exhibition or contest involving two or more persons engaged in fighting. This shall include any contest or event where kicking, punching, martial arts or submission holds are permitted, but shall not include contest of only wrestling or boxing sanctioned by law, or any school events or competitions, or any martial arts training or contests governed and sponsored by schools of martial arts.
(1992 Code, § 26-3) (Ord. 87-05, passed 8-15-2005)
§ 130.004 INDECENCY.
   No person shall expose her breasts, his or her genitals, anus or pubic area under circumstances in which the person knows or reasonably should know that the conduct is likely to cause annoyance or alarm, nor shall any person urinate or defecate in any public place other than at facilities provided for that purpose.
(1957 Rev. Ords., § 9.210; 1992 Code, § 26-6) (Ord. 16-87, passed 3-30-1987) Penalty, see § 130.999
Statutory reference:
   Indecent exposure, see SDCL 22-24-1.2
§ 130.005 KEEPING DISCARDED ICEBOXES, REFRIGERATORS OR AIRTIGHT CONTAINERS DECLARED NUISANCE.
   The keeping of any discarded icebox, refrigerator or other airtight container is hereby declared to constitute a public nuisance and the nuisance shall be abated as provided by state law and the abatement of the nuisance shall not, in any manner, affect any penalty which may be imposed for the violation of this Code.
(1992 Code, § 26-10) Penalty, see § 130.999
Statutory reference:
   Remedies against nuisances, see SDCL ch. 21-10
   Similar provisions, see SDCL 34-28-3
§ 130.006 RAILROAD TRAINS BLOCKING STREET.
   It shall be unlawful for the directing officer or the operator of any railroad train or car to direct the operation of or to operate the train or car in a manner as to prevent unnecessarily the use of any street for purposes of travel for a period of time longer than five minutes, except that this section shall not apply to trains or cars in continuous motion.
(1957 Rev. Ords., § 13.146; 1992 Code, § 26-11) Penalty, see § 130.999
§ 130.007 PROHIBITION ON CERTAIN FORMS OF SOLICITATION.
   (a)   Definitions. For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      AGGRESSIVE MANNER.
         A.   Approaching or speaking to a person before, during, or after soliciting if that conduct is intended or is likely to cause a reasonable person to fear bodily harm to oneself or another, or damage to or loss of property or otherwise be intimidated into giving money or other thing of value.
         B.   Continuing to solicit from a person after the person has given a negative response to the soliciting.
         C.   Intentionally touching or causing physical contact with another person without that person's consent in the course of soliciting.
         D.   Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle to take evasive action to avoid physical contact.
         E.   Using violent or threatening gestures toward a person solicited.
         F.   Following the person being solicited.
      PUBLIC PLACE. A place where a governmental entity has title, to which the public or a substantial group of persons has access, including but not limited to any street, highway, parking lot, school, place of amusement, park, or playground.
      SOLICITING. Asking for money, objects of value, or soliciting the sale of goods or services with the intention that the money or object be transferred, the goods sold, or services rendered immediately at that time, and at that place. Soliciting shall include using the spoken, written, or printed word, bodily gestures, signs or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services.
   (b)   Prohibited acts.
      (1)   No person shall solicit in an aggressive manner in any public place.
      (2)   No person shall solicit on private property without first having obtained the permission of the owner or other person lawfully in possession of the property.
      (3)   No person shall solicit an operator or other occupant of a motor vehicle while the vehicle is in motion or part of traffic on a street or highway. This prohibition shall not include the advertisement of the sale of goods or services to be accomplished when the vehicle is no longer on a public street or highway.
      (4)   No person shall solicit by stating that funds are needed to meet a specific need, when the solicitor does not intend to use the funds to meet that need or does not have that need.
(1957 Rev. Ords., § 9.204; 1992 Code, § 26-13) (Ord. 86-80, passed 9-22-1980; Ord. 78-12, passed 10-16-2012) Penalty, see § 130.999
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