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(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DAYTIME. Between 6:00 a.m. and 10:00 p.m. the same day.
DISTRICT. A part, zone, or geographic area of the city within which certain zoning or development regulations apply.
EMERGENCY. Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which necessitates immediate action. Economic loss shall not be the sole determining factor in the determination of an EMERGENCY. It shall be the burden of an alleged violator to prove an EMERGENCY.
EMERGENCY WORK. Any work made necessary to restore property to a safe condition following an emergency or to protect property threatened by an imminent emergency to the extent such work is necessary to protect persons or property from exposure to imminent danger or damage.
NIGHTTIME. Between 10:00 p.m. and 6:00 a.m. the following day.
NOISE. Any sound which disturbs humans and which causes or tends to cause an adverse psychological or physiological effect on humans.
NOISE DISTURBANCE. Any sound which:
(a) Disturbs a reasonable person of normal sensitivities; or
(b) Is plainly audible, as defined in this section.
PERSON. Any person or a person’s firm, association, co-partnership, joint venture, corporation, or any entity public or private in nature.
PLAINLY AUDIBLE. Any sound or noise produced by any source or reproduced by a radio, tape player, television, CD player, electronic audio equipment, musical instrument, sound amplifier, or other mechanical or electronic sound-making device or non-amplified human voice that can be clearly heard by a person using his or her normal hearing faculties.
PROPERTY BOUNDARY. Any imaginary line exterior to any enclosed structure, at the ground surface, and its vertical extension which separates the real property owned by one person from that owned by another person.
PUBLIC RIGHT-OF-WAY. Any street, avenue, boulevard, sidewalk, bike path or alley, or similar place normally accessible to the public which is owned or controlled by a governmental entity.
REASONABLE TIME. A radio, music, or sound player or other mechanical sound- making device or instrument within a motor vehicle is instantly. Otherwise, absent special circumstances, REASONABLE TIME is 15 minutes in the case of non-vehicular sound emitters and two calendar days for vehicular sound emitters.
SOUND. An oscillation in pressure, particle displacement, particle velocity, or other physical parameter in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound including duration, intensity, and frequency.
WEEKDAY. Any day Monday through Friday.
(B) Prohibited acts.
(1) General prohibition. It shall be unlawful and a violation of this chapter to make, cause, or allow the making of any sound that causes a noise disturbance, as defined in division (A) above.
(2) Specific prohibitions. In addition to the general prohibitions set out in division (B)(1) above and unless otherwise exempted by this chapter, the following specific acts or the causing or permitting thereof are hereby regulated as follows:
(a) Radios, television sets, musical instruments, and similar devices. The following constitutes a nuisance:
1. Using, operating, or permitting the use or operation of any radio receiving set, musical instrument, television, phonograph, drum, or other machine or device for the production or reproduction of sound, except as provided for in division (B)(2)(b) below, in such a manner as to cause a noise disturbance; and
2. The operating of any such device between the hours of 10:00 p.m. and 6:00 a.m. the following day in such a manner as to be plainly audible at the property boundary of the source or plainly audible at 50 feet from such device when operated within a vehicle parked on a public right-of-way or plainly audible at 100 feet from such device when operated within a moving vehicle.
(b) Loudspeakers and public address systems.
1. No person shall operate or permit the operation of any loudspeaker, public address system, or similar device for any commercial purpose:
a. Which produces, reproduces, or amplifies sound in such a manner as to create a noise disturbance; or
b. During nighttime hours on a public right-of-way.
2. No person shall operate or permit the operation of any loudspeaker, public address system, or similar device for any noncommercial purpose (except those used for emergency systems or devices) during nighttime hours in such a manner as to create a noise disturbance.
(c) Defect in vehicle. Operating or permitting to be operated or used any truck, automobile, motorcycle, or other motor vehicle which, by virtue of disrepair or manner of operation, causes a noise disturbance;
(d) Standing motor vehicles. The operating or causing or permitting to be operated any motor vehicle or any auxiliary equipment attached thereto in such a manner as to cause a noise disturbance for a consecutive period longer than 15 minutes during which such vehicle is stationary in a residential zoning district; and
(e) Recreational vehicles and snowmobiles. Operating a recreational vehicle or snowmobile in a manner which causes a noise disturbance.
(3) Exemptions. The following uses and activities shall be exempt from the sound level regulations:
(a) Non-amplified human voice except yelling, shouting, whistling, hooting, or generally creating a racket such that it creates a noise disturbance during the nighttime hours in a residential area in other than time of emergency;
(b) Sounds resulting from any authorized emergency vehicle when responding to an emergency call or acting in time of emergency;
(c) Sounds resulting from emergency work, as defined in divisions (A) above;
(d) Any aircraft operated in conformity with or pursuant to federal law; federal air regulations and air traffic control instruction used pursuant to and within the duly adopted federal air regulations; and any aircraft operating under technical difficulties in any kind of distress, under emergency orders of air traffic control, or being operated, pursuant and subsequent to, the declaration of an emergency under federal air regulations;
(e) All sounds coming from the normal operations of interstate motor and rail carriers to the extent that local regulation of sound levels of such vehicles has been preempted by the Noise Control Act of 1972 (42 U.S.C. §§ 4901 et seq.) or other applicable federal laws or regulations;
(f) School outdoor concerts and music activities including marching band activities, sporting activities with musical components, art festivals, and student fundraisers;
(g) Religious organizations conducting worship services outdoors with musical components;
(h) The city including, but not limited to, Parks Department-sponsored activities with musical components;
(i) Permits issued by the city;
(j) Any non-amplified noise generated by noncommercial public speaking activities conducted on any public property or public right-of-way pursuant to legal authority; and
(k) Sounds produced at organized sporting events by fireworks and by permitted parades on public property or public right-of-way.
(C) Special permits.
(1) Permit process.
(a) Applications for a special permit for relief from the noise restrictions in this section may be made in writing to the Finance Officer and approved by the Mayor and two Council members.
(b) The permit application shall include the name, address, and telephone number of the permit applicant; the date, hours, and location for which the permit is requested; and the nature of the event or activity. If the proposed activity or event will involve entertainment, the city may also request the name and contact information for such individual(s). The application must be submitted at least ten days in advance of the event, not including holidays and weekends.
(c) Payment of a fee of $50 is required.
(d) Any permit granted must be in writing and shall contain all conditions upon which the permit shall be effective.
(e) The Finance Officer may prescribe any reasonable conditions or requirements he or she deems necessary to minimize noise disturbances upon the community or the surrounding neighborhood including use of mufflers, screens, or other sound-attenuating devices.
(f) The permit shall be posted at the activity.
(2) Conditions for granting permit. Permits may be granted under the following conditions.
(a) The permit shall be limited to a single day unless an established time frame is approved by the City Council and shall be so stated on the permit.
(b) Permits shall be effective only between the hours of 6:00 p.m. and 1:00 a.m.
(c) No permit shall be issued to any applicant or any activity convicted of a violation (or if pending conviction) of this chapter within the same calendar year.
(3) Issuance. Upon receipt of a properly executed and signed application, the city shall issue a special noise permit to the applicant, which permit shall exempt the premises specified in the permit from the provisions of this chapter for the date specified in the permit, except that sound emitted from the premises shall in no way be plainly audible 1,000 feet from the property boundary.
(D) Measurement or assessment of sound. Any police officer or other official designated by the City Council who hears a noise or sound that is plainly audible, as defined in division (A) above, in violation of this chapter shall assess the noise or sound according to the following standards.
(1) The primary means of detection shall be by means of the official’s normal hearing faculties so long as the official’s hearing is not enhanced by any mechanical device such as a hearing aid.
(2) The official must have a direct line of sight and hearing to the real property of the source of the sound or noise so that the official can readily identify the offending source of the sound or noise and the distance involved. If the official is unable to have a direct line of sight and hearing to the real property of the source of the sound or noise, then the official shall confirm the source of the sound or noise by approaching the suspected real property where such source of the sound or noise appears to be emanating from until the official is able to obtain a direct line of sight and hearing and identify the identical or same sound or noise that was heard at the place of original assessment of the sound or noise.
(3) The official need not determine the particular words or phrases being said or produced or the name of any song or artist producing the noise or sound. The detection of a rhythmic bass or reverberating type of noise or sound is sufficient to constitute a plainly audible noise or sound.
(4) If noise is measured by a db-measuring device, it shall not exceed a level of 80 db at property boundary.
(E) Violation procedures.
(1) Violation of sound level limits.
(a) Warnings.
1. When a designated official of the city determines that there is a violation of division (B) above, the official shall issue a written warning to the person or persons responsible for the sound. The warning shall advise the person of the violation and of the possible penalty if the person fails to eliminate the sound or reduce the sound so that it is within permitted limits.
2. The person or persons receiving the warning shall have a reasonable time, as defined in division (A) above, to comply with the warning.
3. For the purposes of this section, it is sufficient warning for all prohibited sounds if the person or persons responsible for any succeeding sounds are warned of or cited for one or more offending sounds of the same type in the same calendar year. In the situation of a business with current ownership less than one year, current ownership would not be responsible for violations prior to ownership of the business.
(b) Citation. If the sound is not eliminated or is not reduced to allowable limits within a reasonable time after the warning or if the noise or sound is abated after warning and then reoccurs, the person so warned and not complying shall be cited for a violation of this chapter.
(2) Other limits—complaint procedure.
(a) Any complaint regarding a sound or noise disturbance based solely on its disturbing a reasonable person of normal sensitivities must be filed by a person who is disturbed by the sound or noise. The burden of proof of this complaint will be on the complainant if the complaint results in a hearing before a judge. The complaint may be filed at the time of the disturbance or within a reasonable period of time after the fact.
(b) When a complaint has been received, a designated official shall investigate the charges. If the official finds probable cause to believe the owner/operator is in violation of this chapter, the official shall issue a warning to cease the violation.
(c) If the owner/operator does not take corrective action within a reasonable time, as defined in division (A) above, or if the noise or sound is abated after warning and then reoccurs, the official may issue a citation or file a sworn complaint with the city and/or the Police Department.
(3) Joint and several responsibilities. The owner, tenant, or lessee of property or a manager, overseer, or agent or any other person lawfully entitled to possess the property from which the offending sound is emitted at the time the offending sound is emitted shall be responsible for compliance with this section. It shall not be a lawful defense to assert that some other person caused the sound. The lawful possessor or operator of the premises shall be responsible for operating or maintaining the premises in compliance with this section and shall be punished whether or not the person actually causing the sound is also punished.
(Prior Code, § 9.04.070) (Ord. 09-13, passed 10-5-2009) Penalty, see § 130.99
Any person who engages in gambling in any form with cards, dice, or other implements or devices of any kind wherein anything valuable is wagered upon the outcome or who keeps any establishment, place, equipment, or apparatus for such gambling or any agents or employees for such purpose or any person who knowingly lets any establishment, structure, place, equipment, or apparatus for such gambling is guilty of a misdemeanor. The game “Bingo,” as defined in SDCL § 22-25-23, or “lottery,” as defined in SDCL § 22-25-24, may not be construed as gambling or as a lottery within the meaning of this section provided that said Bingo and lottery comply with SDCL § 22-25-25. Pull tabs and/or instant tickets may not be considered as gambling within the meaning of this section provided said pull tabs and instant tickets comply with SDCL Chapter 22-25.
(Prior Code, § 9.04.080) (Ord. 90-3, passed - -)
Statutory reference:
Related provisions, see SDCL §§ 22-25-23 through 22-25-25 and Chapter 22-25
(A) Prohibited. Loitering, panhandling, and/or begging are prohibited.
(B) Definitions. For purpose of this section, the following shall apply unless the context clearly indicates or requires a different meaning.
AGGRESSIVE MANNER.
(1) Approaching or speaking to a person or following 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 to another or damage to or loss of property or otherwise be intimidated into giving money or other things of value;
(2) Continuing to solicit from a person after the person has given a negative response to the soliciting;
(3) Intentionally touching or causing physical contact with another person without that person’s consent in the course of soliciting;
(4) 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 operator to take evasive action to avoid physical contact;
(5) Using violent or threatening gestures toward a person solicited;
(6) Following the person being solicited with the intent of asking that person for money or other things of value;
(7) Speaking in a volume unreasonably loud under the circumstances; or
(8) Soliciting money from anyone who is waiting in line for entry to a building or for another purpose.
AUTOMATED TELLER MACHINE. A device linked to a financial institution’s account records, which is able to carry out transactions including, but not limited to, account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments.
FINANCIAL INSTITUTION. Any bank, credit union, savings and loan, or other similar business.
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, playa, transportation facility, school, place of amusement, park, or playground.
SOLICITING. Asking for money or objects of value with the intention that the money or object be transferred at that time and at that place. Soliciting shall include using the spoken, written, or printed word or bodily gestures, signs, or other means with the purpose of obtaining an immediate donation of money or other things of value or soliciting the sale of goods or services.
(C) Prohibited acts.
(1) No person shall solicit in an aggressive manner in any public place.
(2) No person shall solicit on private or residential property without having first obtained permission from the owner or other person lawfully in possession of the property.
(3) No person shall solicit within 20 feet of any entrance or exit of any financial institution or 20 feet of any automated teller machine without the consent of the owner of the property or another person legally in possession of the facilities.
(4) No person shall solicit an operator or other occupant of a motor vehicle.
(5) No person shall solicit any operator or occupant of a motor vehicle on a public street in exchange for blocking, occupying, or reserving a public parking space or directing the operator or occupant to a public parking space.
(6) No person shall solicit while under the influence of alcohol or a controlled substance.
(7) No person shall solicit by stating that funds are needed to meet a specific need when the solicitor has the funds to meet that need, does not intend to use funds to meet that need, or does not have that need.
(8) No person shall solicit in any public transportation vehicle or at any bus stop or in any public parking lot or structure.
(9) No person shall solicit within six feet of an entrance to a building.
(10) No person shall solicit within 20 feet of any pay telephone; provided, when a pay telephone is located within a telephone booth or other facility, the distance shall be measured from the entrance or exit of the telephone booth or facility.
(11) No person shall solicit anytime before sunrise or anytime after sunset.
(12) No person shall solicit anytime within 20 feet of any public restroom facility.
(Prior Code, § 9.04.090) (Ord. 08-10, passed - -; Ord. 09-3, passed 4-9-2009) Penalty, see § 130.99
(A) Prohibited. It is unlawful for any person under the age of 21 years to enter or be found in or upon any licensed on-sale liquor establishment premises where high point beer or intoxicating beverages of any kind or character are sold or consumed unless accompanied by a parent, guardian, or a spouse of legal age. This section shall not apply to establishments where food is sold and the operator thereof keeps and maintains in full force and effect a restaurant license.
(Prior Code, § 9.12.020)
(B) Duty of proprietor. It shall be the duty of the owner or proprietor of any licensed on-sale liquor establishment or of any place where high point beer or intoxicating beverages are sold, excepting proprietors of establishments duly licensed as a restaurant, to remove or cause to be removed any person under the age of 21 years from his or her place of business.
(Prior Code, § 9.12.030)
Penalty, see § 130.99
(A) It is unlawful for any person under the age 18 years to be in or upon any public place between the hours of 10:00 p.m. and 5:00 a.m. on any weekday during the regular school year or between the hours of 11:00 p.m. and 5:00 a.m. on any weekday during the summer months, and the same when school is not in session, or between the hours of 12:00 a.m. (midnight) and 5:00 a.m. on any Saturday or Sunday unless accompanied by his or her parent or legal guardian unless exempted under division (C) below.
(B) It is unlawful for any parent or guardian having custody of any person under the age of 18 years to permit such minor person to be about, in, or upon any public place during the foregoing hours unless exempted under division (C) below.
(C) It is an exemption to a violation under this section that the person engaged in the prohibited conduct while:
(1) Accompanied by the minor’s parent or guardian;
(2) On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(5) Involved in an emergency;
(6) On the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the Police Department about the minor’s presence;
(7) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor;
(8) Exercising First Amendment rights protected by the U.S. Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
(9) Married or had been married or had disabilities of minority removed in accordance with state law.
(Prior Code, § 9.12.010) (Ord. 81-7, passed - -) Penalty, see § 130.99
OFFENSES AGAINST PUBLIC SAFETY AND AUTHORITY
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