(A) Vehicles. No person shall leave or keep on any public street, road, sidewalk, or other public ground in the city any wagon, bicycle, automobile, truck, or other vehicle, which may in any way obstruct or interfere with the free use thereof or in such a manner as to leave available less than 12 feet in width of the traveled part of any street or road. No vehicle shall be parked in any alley, except for the purpose of loading, unloading, receiving, or delivering and in such case the vehicle shall be parked so as not to obstruct or interfere with the free use thereof or in such a manner as to leave available less than 12 feet in width of the traveled part thereof.
(B) Building material.
(1) The City Engineer is authorized to grant permission to any person to deposit and keep lumber, stone, brick, or other building material in any street, road or alley adjacent to the lot or premises upon which any building is to be constructed or repaired.
(2) Provided, that the permission shall not be granted for a longer period than 6 months and shall not permit or excuse the obstruction or occupancy of more than 1/3 in width of the roadway, or the placing of the material in such a way as to impede or interfere with the free flow of water.
(3) Provided, further, that every such person to whom the permission may be granted, shall cause all the material and the rubbish or refuse resulting therefrom to be removed from the roadway at the expiration of the time limited in the permit.
(C) Goods, wares, and merchandise.
(1) Except as hereinafter provided in divisions (G), (H), and (I) below, the use of any public street, road, alley, sidewalk, parking, or other public ground for the deposit, storage, exhibition, or sale of goods, wares, and merchandise, including vehicles, machinery, and furniture, shall be unlawful and is prohibited.
(2) No person shall suspend any personal property over any sidewalk for deposit, storage, exhibition, or sale or place or keep any advertising sign thereon.
(3) No person shall place any barrel, case, box, bottle, or other package upon any sidewalk, except as in incidental to loading or unloading, receiving, or delivering, but in no instance shall any such articles be left upon the sidewalk in the nighttime or in such a manner as to obstruct the free use of the sidewalk.
(D) Posts, awnings, and the like.
(1) Except in the Central Business District of the city as defined in the zoning ordinance, and as hereinafter limited and restricted, no person shall set any post or other obstruction in or upon any sidewalk for the purposes of fastening thereto any awning, sign, lamp, or portion or projection of any building. Any such post or other obstruction must be approved by the City Engineer.
(2) No person shall attach any awning to any building immediately adjacent to any public street or sidewalk in any zoning district of the city in such manner that, when in its lowered position, the same shall be less than 8 feet above the surface of the street or sidewalk.
(E) Buildings projections.
(1) No portion or projection, temporary or permanent, of any building or structure shall be so constructed as to extend beyond the front building walk and into the public right-of-way unless the building official and/or City Engineer shall determine that the projection will in no manner interfere with the public use of any street, sidewalk, or way; and no permit shall be granted for the construction of any such projection or portion of any such building or structure unless the owner shall agree in writing that he or she or his or her successor in interest, will at his or her expense, remove the same in the event the governing body of the city, in its sole discretion, shall determine that the portion or projection interferes or has come to interfere with the public interest and welfare or the use of the street, sidewalk, or way.
(2) Unless otherwise provided, no person shall erect, construct, or maintain any building in such a position that the same will stand, in whole or in part, upon any public street, road, alley, or sidewalk, or that any part of the building shall project into or over the street, road, alley, or sidewalk.
(3) No permit for any such projection or portion of any such building which shall be of a permanent nature, except awnings capable of being raised and lowered, shall be issued unless the owner shall have first submitted to the City Council, for its approval, detailed plans and specifications prepared by a registered architect or engineer, and no projection or portion of any such building shall be approved unless the same shall be made of fire-resistant material and so constructed as to constitute no hazard to person or property.
(F) Stairways. No person shall construct any stairway extending into any street, road, alley, or sidewalk or other public place.
(G) Newsracks.
(1) The publisher or distributor of any newspaper or magazine entitled to freedom of the press and distribution of the publication under the guarantees of the First Amendment of the United States Constitution shall obtain from that Building Official a license to locate and maintain a newsrack and may locate and maintain the newsrack on a public sidewalk in the manner and in accordance with the restrictions and limitations hereinafter prescribed in this division (G), and no newsrack shall be located on a public sidewalk unless the publisher or distributor of the publication employing the same shall obtain a license therefor as herein provided. The newsrack shall be maintained in safe and good working condition.
(2) An application for a license to locate and maintain a newsrack on a public sidewalk in the city shall be made in writing to that officer of the city authorized to issue building permits and shall include the following information:
(a) The name, address, and telephone number of the applicant;
(b) The name, address, and telephone number of a responsible person whom the city may notify as contact at any time concerning the maintenance of the newsrack;
(c) A site plan showing the exact location and dimensions of the newsrack; and
(d) Information demonstrating that the applicant will use the newsrack as a means of vending or distributing a news publication entitled to be distributed in the manner under the First Amendment to the United States Constitution.
(3) (a) The application for a license to locate and maintain a newsrack on a public sidewalk shall be made before the end of the next business day of the city following placement of the newsrack. The application shall be filed with the officer authorized to issue building permits, who shall review the same and grant the license if he or she finds the application and proposed location to be in compliance with this division (G). The officer shall promptly send, by certified mail with return receipt requested, written communication advising the applicant of his or her action in granting or denying the license. Any applicant who has been denied a license by the officer authorized to issue it shall have a right to a hearing on his or her application before the City Council, which he or she may request by filing with the officer authorized to issue the license a written notice of appeal within 10 business days after receipt of the notice of denial. Without delay, the officer authorized to issue the license shall arrange with the Mayor a time for hearing the appeal, which, unless the applicant and Mayor shall otherwise agree, shall not be less than 10 nor more than 20 business days from the filing of the notice of appeal.
(b) The officer authorized to issue the permit shall mail, by first-class mail, to the applicant or his or her designated representative a notice stating the time and place for the hearing, the notice to be mailed to or personally served upon the applicant at least 7 business days prior to the time set for the hearing; and at the hearing, the applicant may be represented by counsel; and any person interested may appear and be heard.
(4) Any license granted under this division (G) shall expire on December 31 following the date of granting.
(5) Any newsrack to be located on a public sidewalk shall be located according to the following specifications:
(a) Shall be firmly and permanently affixed to a substantial metal pole at least 3 inches in diameter set in or anchored to the sidewalk, and shall not be attached to the power or light pole;
(b) Shall be located at least 10 feet from a fire hydrant or other emergency facility;
(c) Shall be located more than 5 feet from any crosswalk or driveway;
(d) Shall be so located as not to interfere with any handicap-access ramp or way;
(e) Shall be located in grass area, if available, or shall be located within 2 feet of the street curb fronting upon the sidewalk;
(f) Shall not be located on that portion of any platted street which is intended for automobile travel or parking;
(g) Shall be located so that the opening through which the newspaper is dispensed faces away from the street; and
(h) Shall be affixed to the pole so that the bottom of the rack shall be at least 3 feet above the surface of the sidewalk.
(6) In accepting a license or lease under this division (G), the party receiving the same shall be deemed to have agreed to hold, and shall hold, the city harmless from the indemnified against all damages and cost arising out of the construction, use, or maintenance of the newsrack.
(7) Any newsrack located and maintained without a license or otherwise contrary to the provisions of this division (G), and any newsrack remaining in position or use following the expiration of the license authorizing its location, shall be deemed a public nuisance and shall be abated by the Chief of Police exercising any appropriate remedy authorized by South Dakota law for the abatement of a public nuisance.
(H) Downtown streetscape enhancement items.
(1) Two benches per street per business may be placed in the public sidewalk, provided:
(a) Benches shall be located adjacent to the building and project no more than 2-1/2 feet into the public sidewalk;
(b) No bench shall be longer than 6 feet in length; and
(c) Benches shall be set back from building corners at least 2-1/2 feet.
(2) Flowers may be placed in the public sidewalk, provided:
(a) No more than 2 flower displays per street per business are permitted;
(b) Flowers are contained in pots that prohibit leaking of dirt and water onto the sidewalk; and
(c) Flowers are located adjacent to the building and project no more than 2-1/2 feet into the public sidewalk.
(3) (a) The owner or operator of any building located in the B-2 District may locate and maintain the enhancement items on a public sidewalk in the manner and in accordance with the restrictions and limitations prescribed. An application for a permit to locate and maintain enhancement items on a public sidewalk in the B-2 District which shall include an acknowledgment that the owner(s) and/or operator(s) accepts legal responsibility for any claims arising and that the owner(s) and/or operator(s) agrees to indemnify the city on any claims made against it.
(b) Property owners are responsible for items placed in the public sidewalk. All benches shall be maintained in good order. Flowers shall be cared for by the owner or the owner’s agent and replaced as needed to ensure only live, healthy plants are displayed during the growing season and appropriate artificial decorations during the nongrowing season. Any items contrary to the provisions of this section shall be deemed a public nuisance and shall be abated by the Code Compliance Department.
(I) Street closure special events. The City Council may, by special exception, after review before the City Council and subject to the reasonable conditions and protective restrictions as are deemed necessary, authorize the use of any street, road, alley, sidewalk, parking, or other public ground any use that is otherwise prohibited for a temporary period not to exceed 7 consecutive days.
(1975 Code, § 22-9) (Ord. 509, passed 4-15-1968; Am. Ord. 513, passed 7-1-1968; Am. Ord. 884, passed 3-3-1986; Am. Ord. 911, passed 7-18-1988; Am. Ord. 1141, passed 1-3-2005) Penalty, see § 10.99
Statutory reference:
Authority to prohibit street encroachments, see SDCL § 9-30-2