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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
(A) Any person is guilty of assault and battery who:
(1) Attempts to cause bodily injury to another and has the actual ability to cause the injury;
(2) Recklessly causes bodily injury to another;
(3) Negligently causes bodily injury to another with a dangerous weapon; and/or
(4) Attempts, by physical menace, to put another in fear of imminent serious bodily harm with or without the actual ability to seriously harm the other person.
(B) BATTERY is defined in divisions (A)(2) and (A)(3) above. ASSAULT is defined in divisions (A)(1) and (A)(4) above.
(Prior Code, § 9.04.020) Penalty, see § 130.99
It is unlawful for any person to discharge any firearms or air guns within the limits of the city.
(Prior Code, § 9.16.020) Penalty, see § 130.99
It is unlawful for any mentally and physically able-bodied person, when so requested, to refuse to aid and assist law enforcement of the city to suppress any riot or disturbance or any unlawful assemblage or to arrest or attempt to arrest a person for any violation of any ordinance of the city or to prevent the violation of any of such ordinances.
(Prior Code, § 9.04.060) Penalty, see § 130.99
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