(a) No person may create, maintain, or commit, or permit to be created, maintained, or committed, any nuisance as defined in subsection (b) of this section, or as enumerated in subsection (c) of this section.
(b) A nuisance is doing any act without lawful authority or failure to perform an act, which act or omission:
(1) Annoys, injures, or endangers the comfort, repose, health, or safety of others;
(2) Interferes with, obstructs, or tends to obstruct or renders dangerous for passage any body of water including streams, creeks, rivers, canals, lakes, ponds, or basins, or any public park, square, street, right-of-way, or highway.
(c) Nuisances include but are not limited to the following:
(1) Junk, litter, debris, rubbish, building materials, lumber, vehicle parts, appliances, furniture, yard waste, noxious matter, and other debris in view of adjacent properties or public rights-of-way.
On construction sites, it is the responsibility of the owner or general contractor to have a container for all construction debris. Any complaint of blowing debris from construction sites may result in immediate resolution by the city.
(2) Wrecked, dismantled, inoperative, junked, partially dismantled, or unlicensed motor vehicles, or the parts thereof, disassembled bicycles and bicycle parts, or other mechanical machines or parts when the items are stored, collected, piled, or otherwise kept without being screened from view.
(3) Grass and weeds having reached a height of ten (10) inches or any noxious weeds. The following areas may be exempt from the ten (10)-inch height limit:
a. Regional drainage ponds or regional drainage ditches which convey or store storm water or irrigation ditches;
b. Marshes, wetlands, riverbanks, creek banks, or coulees;
c. Areas within twenty (20) feet of a creek or stream;
d. Areas with a slope that is at or steeper than two (2) horizontal feet to one (1) vertical foot;
e. Natural areas;
f. Public parks or greenway tracts;
g. Golf courses;
h. Areas that are highly erodible; or
i. Pastureland.
(4) Sidewalks. Any portion of a sidewalk that has not been cleared of ice or snow within forty-eight (48) hours of the termination of any snow or ice event.
a. The property owner, agent, or occupant of the property abutting the sidewalk is responsible for ensuring the sidewalk is cleared of ice or snow.
(5) Obstructions on any portion of a sidewalk including an overhead clearance of less than ten (10) feet above the sidewalk.
a. The property owner, agent, or occupant of the property abutting the sidewalk is responsible for ensuring the sidewalk is cleared of any obstructions.
b. Property owners, agents or occupants are also responsible for ensuring the sidewalks have a minimum clearance of ten (10) feet over the sidewalk.
(6) Any sidewalk that is in disrepair as determined by city staff.
(7) Any other condition the Common Council declares to be a nuisance.
(Code 1982, § 17-101; Ord. No. 951, 4-21-03; Ord. No. 1328, 9-21-20)
State law reference—Authority to require snow removal, SDCL § 9-30-5 et seq.