(A) Nuisances prohibited. No person shall create, commit, maintain, or permit to be created, committed, or maintained any nuisance as defined herein.
(B) Definition. For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
NUISANCE. Whatever is dangerous to human health, whatever renders the ground, the water, the air, or food a hazard or an injury to human health, and the following specific acts, conditions, and things are, each and all of them, hereby declared to constitute nuisances:
(a) Bonfires in public places. Burning, causing, or permitting to be burned in any street, alley, or public ground any dirt, filth, manure, garbage, sweeping leaves, ashes, paper, rubbish, or material of any kind;
(b) Breeding place for flies. The accumulation of manure, garbage, or anything whatever in which flies breed;
(c) Dangerous agencies. Anything that is dangerous to human health or which renders the ground, the water, the air, or food a hazard or injury, to the public health;
(d) Dead animals. For the owner of a dead animal or fowl to permit it to remain non-disposed of longer than 24 hours after its death;
(e) Dilapidated buildings. A building or structure within the city limits which is so dilapidated, decayed, unsafe, unsanitary, or utterly fails to provide the amenities essential to decent living that is unfit for human habitation and is likely to cause or is causing aggravation, sickness, or disease so as to work an injury to the health, morals, safety, or general welfare of the community;
(f) Farm and other live animals. No person shall keep any live farm animals which are deemed to include horses, cattle, swine, sheep, and other animals that are normally raised or kept on farms. No person shall keep any live wild animals. No person shall keep any live animals in a manner so as to cause a public nuisance within the city limits. No person shall keep any ducks, geese, turkeys, pheasants, quail, partridges, guineas, pigeons or other like domestic fowl within the city limits, except for chickens kept within the provisions of this section;
(g) Garbage and refuse. Depositing, maintaining, or permitting to be maintained or to accumulate upon any public or private property, any household wastewater, sewage, garbage, tin cans, offal, or excrement, any decaying fruit, vegetables, fish, meat, or bones or any foul, putrid, or obnoxious liquid substance;
(h) Garbage handling improperly. Throwing or letting fall or permitting to remain on any street, alley, or public ground, highway to dumping ground and any highway within one mile of the city limits, any manure, garbage, rubbish, filth, fuel, or wood while engaging in handling or removing and transporting such substances;
(i) Ice boxes, refrigerators, or air-tight container. The keeping, leaving, or permitting to retain outside of any dwelling, building, or other structures or premises, in a place accessible to children, of any discarded ice boxes, refrigerators, or other container which has an air-tight door or lid, snap lock, or other locking device which may not be released from the inside, without first removing the said door or lid, snap lock, or other locking device from said ice box, refrigerator, or container, is declared to be a nuisance and in violation of SDCL 34-28-3; the person responsible for said violation shall be subject to a fine in an amount set by the City Council and on file in the office of the City Finance Officer;
(j) Imperfect plumbing. Any imperfect, leaking, unclean, or filthy sink, water closet, urinal, or other plumbing fixture in any building used or occupied by human beings;
(k) Impure water. Any well or other supply of water used for drinking or household purposes which is polluted or which is so constructed or situated that it may become polluted;
(l) Manure. The accumulation of manure;
(m) Nuisance parking and storing. Parking or storing any vehicle, camper, trailer, or watercraft outside in the yard area adjacent to a street and on the lawn or ground surface other than on a permeable or porous pavement or paved or graveled parking surface or driveway area; provided, however, that this prohibition shall not apply to a vehicle camper, trailer, or watercraft that is enclosed by a fence, wall, hedge, or other substantial obstruction and is not visible to the public from the adjacent street. Vehicles, campers, watercraft, and other articles stored outside on residential property must be owned by a person who resides on or owns the property. Students who are away from school for periods of time but still claim the property as their legal residence will be considered residents on the property. YARD AREA ADJACENT TO A STREET means the horizontal distance between the right-of-way of a street to the foundation of the primary structure on the lot;
(n) Offensive premises. Permitting any grocery store, shop, factory, warehouse, stable, barn, or other place to become nauseous or offensive;
(o) Parking trucks or trailers in residential districts. Parking or permitting a truck or trailer on any street, area, or public ground in a residential district when such truck or trailer gives off an offensive odor or is contaminated with manure or other filth or which when operating produces loud offensive noise;
(p) Poison ivy. Permitting poison ivy to be or grow upon any private property nearer than 15 feet from the sidewalk or any public street;
(q) Polluting bodies of water. Throwing or leaving any dead animals or decayed animal or vegetable matter or any slops of filth whatever, either solid, or fluid into any pool of water;
(r) Privies and cesspools. Erecting or maintaining any privy or cesspool except such sanitary privies and cesspools, the plans of which are approved by the State Health Department;
(s) Rodents. Accumulation of junk, old iron, automobiles, cement slabs, or parts thereof, or anything whatever in which rodents may live or breed or accumulate;
(t) Rubbish on street. The piling or depositing of any dirt, shavings, sawdust, leaves, ashes, manure, straw, or waste material of any kind upon street, alley, or public ground;
(u) Smokestacks and smoke nuisance. The construction, use, or maintenance of any smokestack or chimney, which emits sparks, cinders, or dense smoke, which is dangerous to the health, comfort, or property of persons, or the value of the property;
(v) Stagnant water. Any excavation in which stagnant water is permitted to collect;
(w) Unconfined refuse. The depositing, unloading, placing, storing, or otherwise piling of any dirt, straw, shavings, seeds, grain screenings, chaff, leaves, ashes, paper, or material of any kind upon property without covering the same in order to prevent it to be moved and blown about by wind upon property of another or upon any street or alley or public property;
(x) Undressed hides. Undressed hides kept longer than 24 hours, except at the place where they are to be manufactured, or in a storeroom, or basement whose construction is approved by the Health Department;
(y) Use of sanitary sewer. Permitting drainage water, blood, buttermilk, whey, by-products of milk, sewer pipe consuming acids, or any substance or material which interferes with the normal flow of sewage or prevents, blocks, or stops the flow of sewage; and
(z) Weeds and grasses. Permitting weeds and grasses to grow to maturity or over ten inches high on any private property including vacant lots.
(Prior Code, § 6-9-1) (Ord. 502, passed 8-7-2017; Ord. 513, passed 7-1-2019) Penalty, see § 10.99