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The following are hereby declared to constitute public nuisances:
(A) Abandoned property. Any deteriorated, wrecked, dismantled or partially dismantled, inoperable, and/or abandoned property in unusable condition having no value other than nominal scrap or junk value which has been left unprotected outside of a permanent home structure from the element. Without being so restricted, this shall include deteriorated, wrecked, dismantled or partially dismantled, inoperable, abandoned, and/or unlicensed motor vehicles, abandoned mobile homes, trailers, boats, machinery, refrigerators, washing machines, and other appliances, plumbing fixtures, furniture, building materials, and any other similar articles in such condition. This shall not include any item which may be reasonably recognized as an antique by dealers in those types of items;
(B) Unsafe structures. Structures that are unsafe, constitute a fire hazard, or are otherwise dangerous to human life or the public welfare shall be taken down and removed or made safe. A vacant structure that is not secured against entry shall be deemed unsafe;
(C) Breeding place for flies, rodents, and/or pests. The unhealthful accumulation or stockpiling of manure, garbage, tires, debris, or discarded items;
(D) Combustible materials. Any dangerous accumulation upon any property of combustible refuse matter such as papers, sweepings, rags, grass, dead trees, tree branches, wood shavings, wood, magazines, cardboard, and the like;
(E) Garbage and refuse. Household waste (including, but not limited to, items such as paper, rags, trash, garbage, discarded clothing, shoes, curtains, linen and other apparel, tin cans, aluminum cans, plastic containers, glass containers, cleaning utensils, cooking utensils, and discarded household fixtures) when such items are stored, collected, piled, or kept on private or public property and in view of adjacent properties or public rights-of-way;
(F) Fill. Filling a gravel pit or other hydrologically- or environmentally-sensitive area with something other than clean fill;
(G) Impure water. Any well or supply of water which is not in compliance with or is in violation of sanitary sewer district regulations, state water regulations, or state waste laws or county ordinances;
(H) Manure disposal. Any outspread accumulation of manure which has been transported from the point of generation. Any manure deposited within 300 feet of a residence without benefit of incorporation into the soil;
(I) Polluting river. Depositing any dead animal, decayed animal, vegetable matter, garbage, discarded items, manure, or any slops or filth whatever, either solid or fluid, into any water body designated or undesignated as a source of water supply or allowing such material to be deposited or remain in an area where runoff from such material may end up on such water body;
(J) Transport of materials. Deposition, permitting deposition, or negligent deposition on any road, highway, or public right-of-way any manure, seepage, garbage rubbish, fill, fuel, fertilizers, wastes, chemicals, or wood while engaged in handling or removing any such substances;
(K) Vegetation. Weeds and grass, exclusive of crops and pasture land, growing to a height of greater than eight inches; and
(L) Adult-oriented stores and premises. Adult bookstores, adult entertainment cabarets, or adult motion picture theaters that are located within 1,000 feet of any existing residential zone, school, church, park, playing fields, or other areas in which large numbers of minors regularly travel or congregate.
(Prior Code, § 8.24.050) (Ord. 03-1, passed - -) Penalty, see § 92.99
(A) Violation. It is declared a nuisance for any person to install or maintain machines or installations of any kind which unnecessarily or avoidably causes interference with radio and television reception within in the city.
(B) Abatement. It shall be the duty of the Chief of Police of the city to inspect any device or installation of any kind which may be causing interference with radio and television reception, and whenever he or she shall find such device or installation is unnecessarily or avoidably causing the interference, he or she shall notify the owner or operator of same to abate such nuisance within 30 days or less. Whenever such owner or operator of the device or installation shall fail to abate such nuisance within the prescribed time, it shall be the duty of the Chief of Police, and he or she shall have the power to cause electrical service to the premises whereon such nuisance is being maintained to be disconnected and discontinued until such time as nuisance has been abated.
(Prior Code, § 8.24.010) Penalty, see § 92.99
Notwithstanding any provision of this chapter to the contrary, it is expressly declared that a person shall not be charged with a violation of and no relief can be sought against the person under the provisions of this chapter when the conduct or activity which is alleged to violate this chapter is conduct or activity which is authorized by permit, license, authorization, or approval issued by the United States of America or the state, county, city, and/or any agency or department of those governmental entities.
(Prior Code, § 8.24.080) (Ord. 03-1, passed - -)
BUILDING NUISANCES
(Prior Code, § 8.24.040) (Ord. 03-1, passed - -) Penalty, see § 92.99
(A) It is unlawful for any person owning, leasing, occupying, or having charge or possession of any buildings or premises in the city to keep or maintain such buildings or premises in a manner which is at variance with and inferior to the level or maintenance of surrounding properties.
(B) The following condition or conditions constitute such a variance and are declared a public nuisance:
(1) Buildings which are abandoned, boarded up, partially destroyed, or partially constructed and uncompleted subsequent to the expiration of building permit;
(2) Buildings with deteriorating or peeling paint that allows the exterior building coverings to deteriorate or to permit the effects of sun and water penetration so as to encourage decay, dry rot, warping, and cracking;
(3) Buildings with broken windows, doors, attic vents, and under-floor vents;
(4) Overgrown vegetation which is unsightly and/or likely to harbor rats or vermin;
(5) Dead, decayed, or diseased trees, weeds, and other vegetation;
(6) Trash, garbage, or refuse cans, bins, boxes, bags, or other such containers permanently stored in front yards visible from public streets;
(7) Lumber, junk, trash, tires, debris, or salvage materials maintained upon any other household fixtures or equipment stored so as to be visible at ground level from any public alley, street, or adjoining premises;
(8) Abandoned, discarded, or unused furniture, stoves, sinks, toilets, cabinets, or other household fixtures or equipment stored so as to be visible at ground level from any public alley, street, or adjoining premises;
(9) Premises having a topography, geology, or configuration which as a result of grading operations or improvements to the land causes erosion, subsidence, unstable soil conditions, or surface or subsurface drainage problems as to pose a threat to or be injurious to adjacent premises, streets, or alleys;
(10) Abandoned, wrecked, dismantled, or inoperative trailers, campers, boats, and other motor vehicles which are accumulated or stored in yard areas;
(11) Building exteriors, walls, fences, driveways, or walkways which are cracked, broken, defective, deteriorated, in disrepair, or defaced; and
(12) Any like or similar condition or conditions.
(Prior Code, § 8.24.060) (Ord. 03-1, passed - -) Penalty, see § 92.99
It is unlawful for any person to do any act or conduct any business or keep any house, room, or building in the city for or any purpose which, by act of the Legislative Assembly of the state or ordinance of the city, is declared to be a nuisance, and all such nuisances may be abated by appropriate proceedings according to law.
(Prior Code, § 8.24.020) Penalty, see § 92.99
WEEDS
(A) The following weeds and plants are declared to be noxious weeds and are declared to be nuisances: ragweed, thistles, wild sunflower, goldenrod, cockleburr, sandburr, wild oats, wild mustard, wild lettuce, wild salsify, pig weed, wild firebush, and all other useless weeds suffered or allowed to grow during the growing season.
(B) The following weeds are declared to be noxious statewide:
(1) Absinth wormwood;
(2) Canada thistle;
(3) Hoary cress;
(4) Leafy spurge;
(5) Perennial sow thistle;
(6) Purple loosestrife; and
(7) Salt Cedar.
(Prior Code, § 8.20.010) Penalty, see § 92.99
It shall be the duty of the occupant, person in charge, or the owner of any lot or parcel of land in the city to keep such weeds and plants mentioned in § 92.30 cut at such times as necessary to prohibit the growth and bearing seed of such weeds or plants. The Chief of Police or other person in charge of streets and alleys in the city shall, in like manner, destroy all such weeds being and growing in the streets and alleys of the city.
(Prior Code, § 8.20.020)
If the owner, occupant, or person in charge of any lot or lots shall fail or neglect to destroy any such weeds or noxious vegetation, as aforesaid, growing upon any such lot or lots, the Chief of Police or some other person under his or her direction shall, within ten days after notice to the owner, occupant, or person in charge, cause the work to be done and report the expense to City Council for collection of the same from owner, occupant, or person in charge or by special assessment against the property benefitted.
(Prior Code, § 8.20.030)
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) (1) Any person who maintains, commits, or fails to abate a public nuisance (as required under the provisions of §§ 92.01 through 92.04 and 92.15 through 92.17) shall be subject to a maximum penalty of 30 days in jail or a $200 fine or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(2) In addition, the city may also use the remedies of civil action and abatement as set forth in SDCL §§ 21-10-5 through 21-10-9.
(Prior Code, § 8.24.070) (Ord. 03-1, passed - -)
Statutory reference:
Related provisions, see SDCL §§ 21-10-5 through 21-10-9