§ 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

§ 130.008 WEIGHTS AND MEASURES.

   (a)   It shall be unlawful for any person to offer or expose for sale, sell, use in buying or selling of any commodity or thing, or for hire or reward, or retain in his or her possession a false weight or measure or measuring or weighing device, or any weight or measure or weighing or measuring device which has not been sealed as provided by state statutes.

   (b)   It shall be unlawful for any person to sell or offer or expose for sale less than the quantity or measurement he or she represents.

   (c)   The health officer and the sanitary officer and their deputies and assistants and any other person specially appointed for that purpose by the city council are authorized and empowered to inspect and test all weights and measures and weighing and measuring devices kept, offered or exposed for sale, sold or used by any person in proving or ascertaining the size, quantity, extent, area or measurement of quantities, things, produce or articles of distribution or consumption purchased or offered or submitted by the person for sale, hire or reward.

(1957 Rev. Ords., § 9.1106; 1992 Code, § 26-14) Penalty, see § 130.999

Statutory reference:

   Enforcement of weights and measures standards, see SDCL ch. 37-21

   Standard weights and measures, see SDCL ch. 37-20

§ 130.009 DELAY, OBSTRUCTION OR RESISTANCE OF PUBLIC OFFICER.

   It shall be unlawful for any person to willfully delay, obstruct or resist any public officer in the discharge or attempt to discharge any duty of his or her office.

(1992 Code, § 26-16) (Ord. 83-73, passed 10-8-1973) Penalty, see § 130.999

§ 130.010 SMOKING IN CITY-OWNED BUILDINGS.

   No person shall smoke in any city-owned building.

(1992 Code, § 26-17) (Ord. 72-91, passed 9-30-1991; Ord. 55-94, passed 6-20-1994; Ord. 29-99, passed 3-15-1999) Penalty, see § 130.999

Cross-reference:

   Tobacco-Free Policy, see §§ 92.210 through 92.212

Statutory reference:

   Smoking in certain places, see SDCL 34-46-14

§ 130.011 BEING IN OR ON WATER ILLEGAL.

   If the governor, or the governor’s designee, has declared an emergency or disaster and controlled the movement of persons in or upon the Big Sioux River and its tributaries, no person shall be in or upon the waters thereof without the express consent of an emergency official.

(1992 Code, § 26-18) (Ord. 18-97, passed 3-27-1997; Ord. 54-12, passed 7-17-2012) Penalty, see § 130.999

§ 130.999 PENALTY.

   (a)   Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.999.

   (b)   Any person convicted of violating § 130.011 shall be fined not more than $500 or imprisoned in the county jail not longer than 30 days, or shall receive both a fine and imprisonment. In addition, a civil penalty for the cost of the person’s removal or rescue from the water shall be assessed by the court.

(1992 Code, § 26-18) (Ord. 18-97, passed 3-27-1997; Ord. 54-12, passed 7-17-2012)