(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) A violation of § 91.006 shall be punishable by a fine up to $200.
(C) The city may utilize any action available under the law to address violations of §§ 91.080 et seq. including but not limited to the following:
(1) Any violation of §§ 91.080 et seq. is subject to the penalties under Chapter 90 (Health and Sanitation; Nuisances) and Chapter 91 (Animals) of the Whitewood City Ordinances.
(3) Any person violating §§ 91.080 et seq. shall be subject to the general penalty provision of SDCL 22-6-2.
(4) If two citations are received within a 12 month period for a violation of any provision of this §§ 91.080 et seq. or any other nuisance provision of the city ordinance or state law, the urban chicken license issued by the City Finance Officer shall be revoked and all chickens, enclosures, and coops must be removed from the premises within 30 days.
(5) Once an urban chicken license is revoked, a previously licensed applicant must wait a period of one year from the time of revocation before coming before the Whitewood City Council. The Whitewood City Council will decide whether or not to allow a previously licensed applicant to reapply for a new urban chicken license.
(6) If there is an immediate threat to public safety as a result of any violation of §§ 91.080 et seq., the city shall have the authority to remove or relocate the chickens which are the source of the threat. In addition, where such a threat to public safety exists, the city may direct and require the chicken keeper to destroy and/or relocate said chicken operation at the chicken keeper's expense. In a public health emergency declared by a county, state, or federal health department, including but not limited to an outbreak of Avian Flu or West Nile virus, immediate corrective action may be required in accordance with applicable public health regulations and procedures, and in conjunction with law enforcement.
(Ord. 2020-05, passed 7-6-2020; Ord. 2024-04, passed 7-1-2024)