Geddes Original Code

REVISED ORDINANCES OF THE

CITY OF GEDDES

CHARLES MIX COUNTY

SOUTH DAKOTA

ENACTED THE 12TH DAY OF APRIL, 1999.

EFFECTIVE DATE: MAY 19TH, 1999.

TABLE OF CONTENTS Chapter

Table of Contents

Page .

l

Chapter 1 Administration ............•.....••••..•..•.

1

Chapter 2 City Policies

.

7

Chapter 3 Police

.

9

Chapter 4 Licenses

.

10

Chapter 5 ,Public Amusements •••...................••..

12

Chapter 6 Building and General Building Regulations ..

13

Chapter 7 Regulation of Traffic ••.............•..••..

20

Chapter 8 Alcoholic Beverages ............•.•..•.•••..

32

Chapter 9 Regulation and Licensing of Dogs ......•... ~

34

Chapter 10 Offenses and Miscellaneous Provisions •.....

39

Chapter 11 Streets and Sidewalks ..............•...•...

48

Chapter 12 City Officials and Employees .......•..•...•

52

Chapter 13 Elections .......•.•••.••......•.•••••••.••.

59

Chapter 14 Garbage and Trash .•••..•......•.••.........

60

Chapter 15 Water

64

Chapter 16 Sewer System

.

70

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CHAPTER 1

ADMINISTRATION

ARTICLE I

GENERAL PROVISIONS

Sec. 1.

Title.

This ordinance, hereinafter also referred to as this Code, shall be known as the "Revised Ordinances of Geddes" and may be S0 cited. It may also be cited as the "Code of Ordinances, City of Geddes." Sec. 2.

Catchlines of sections.

The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the·sections and shall not be deemed or taken to be titles of such sections, nor as any part of the sections, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. Sec. 3.

Rules of construction and definitions.

In the construction of this Code, the following rules shall be observed and the following definitions shall apply, unless such construction be inconsistent with the manifest intent of the council: Generally. The provisions of this Code shall be liberally construed to effect the purposes expressed therein or implied from the expression thereof. In case of doubt or ambiguity in the meaning of such provisions, the general shall yield to the particular. Reference for interpretation and construction shall tend to further the accomplishment of the elimination of the particular mischiefs for which the provisions were enacted. Words shall be construed in their common and usual significance unless the contrary is clearly indicated. City. The words "the city" or "this city" shall mean the City of Geddes, in the County of Charles Mix, and the state of South Dakota. Code. The term JlCode" or "this Code" shall be taken to mean the Revised Ordinances of Geddes in their entirety, including

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each and every section thereof. The entire Code is intended by the council to constitute an ordinance in revision of the ordinances of the city, within the meaning of the applicable sections of the South Dakota Codified Laws. Computation of time. In computing any period of time mentioned in the provisions of this Code, the day of the act, event or default after which the designated period of time begins to run is not to be included, and the last day of the period so computed is to be included/' unless it is a Sunday or a legal h8liday, in which event the period runs until the end of the next day which is neither a Sunday nor a holiday. Council. The term, "council", "common council" or "city council" shall mean the Common Council of the City of Geddes, constituting the governing body of the city. Councilman. The members of the Council may be referred to as either "Councilman", "Councilperson", or "Alderman". The aforesaid terms may be used interchangably throughout these ordinances. Acting Mayor. The term "acting mayor" shall mean the president and vice-president of the council as the case may be. Duties performed by agents. Whenever in this Code any act is required to be done by an officer in the line of his general duties/ or by a department head or inspector, the same shall be construed to permit the doing of such act by the agent or subordinate of such person; provided that the agent or subordinate is duly authorized and duly qualified to perform such act. Such rule shall apply also to license holders, where such act is not otherwise required to be performed personally by such person, either by specific law or by the nature of such act. Gender. A word importing the masculine gender only shall extend and applied to female, and to firms, partnerships, associations and corporations, as well as to males. Joint authority. Words purporting to give authority to three (3) or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it is otherwise declared. ::1ayor. The word "mayor" shall include the mayor and one

duly serving in his stead.

Month. The word "month" shall mean a calendar month. Number.

Any word importing the singular number shall

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include the plural and any word importing the plural number shall include the singular. Oath. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such c'ases the words "swear" and "s'w'orn" shall be equivalent to the wo rds "affirm" and "aff irmed. " Officers and employees. Whenever reference is made in this Code to a city officer or employee by title only, this shall be c8nstrued as though followed by the words "of the City of Geddes" and shall be taken to mean the officer or employee of this city having the title mentioned or performing the duties indicated. Or, and. "Or" may be read "and", and "and" may be read "or" if the sense requires it. Person. The word "person" shall extend and be applied to associations, corporations, firms, partnerships and bodies politic and corporate as well as to individuals. Signature or subscription. The word "signature" or "subscription" shall include a mark when a person cannot write. State. The words "the state" or "this state" shall be construed to mean the State of South Dakota. Tense. Words used in the past or present tense include the future as well as the past and present. Variations in punctuation; typographical. errors: etc. No variation in punctuation, either formal or informal, consistent or not, shall affect the validity of this Code, nor shall obvious or apparent defects in spelling or typography be construed as to invalidate any portion hereof, so long as the purpose and intent of the section is clear. Written or in writing. The term "written" or "in writing"

shall be construed to include any representation of words,

letters or figures, whether by printing or otherwise.

Year. Sec. 4.

The word "year" shall mean a calendar year. Continuance of city's rights and obligations.

The city shall continue to own, possess and control all rights and property of every kind and nature owned, possessed or controlled by it at the time this Code takes effect and shall be subject to all its debts, obligations, liabilities and contracts.

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Sec. 5. Code does not impair vested rights or valid obligations. Nothing in this Code shall be so construed as to impair any vested rights or valid obligations existing when it takes effect. Sec. 6.

Territorial application of Code.

Except as otherwise provided in this Code or by state law, the provisions of this Code' shall be applicable in and over all t~rritory within the corporate limits of the city and any public ground or park belonging to the city, whether within or without the corporate limits, and in and over all places, except within the corporate limits of another municipality, within one mile of the corporate limits of the city or of any public ground or park belonging to the city outside the corporate limits. Sec. 7.

Miscellaneous ordinances not affected by Code.

Nothing in this Code shall affect the validity of any of the following: (a)

Ordinances granting any franchise, easement, or contract right.

(b)

Ordinances providing for the issuance of bonds, assessment certificates, or other evidences of obligation.

(c)

Ordinances providing for appropriations.

(d)

Ordinances establishing or changing street grades or widths.

(e)

Any ordinance adopted after the effective date of this Code.

Sec. 8.

right-of-way, special

General penalty; continuing violations.

Whenever in this Code or in any ordinance of the city an act is prohibited or is made or declared to be unlawful or an offense, or wherever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, any person who shall be convicted of any such violation shall be punished by a fine not to exceed $200.00. Each day any violation of this Code or other ordinance continues shall constitute a separate offense.

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Sec. 9.

Liability of corporations for violations.

For a violation of this Code or any other ordinance of the city which, by nature, does not require intent exercisable only by natural persons, a corporation may be fined or punished by appropriate penalties in addition to any punishment provided for its agents who violate this Code or other ordinance while acting as such agents. Sec. 10. Prosecution's election when offense created by more than one section. In all cases where the same offense is made punishable or is created by different clauses or sections of this Code, the prosecuting officer may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced. Sec. 11. Powers and authorities are cumulative; separability of parts of Code. Except as otherwise expressly provided, all powers and authorities conferred by any provision of this Code shall be cumulative and additional to, and not in derogation of, any powers and authorities otherwise existing. Notwithstanding any other evidence of intent. It is hereby declared to be the controlling intent of the common council that, if any provision of this Code or the application thereof to any persons or circumstances, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this Code, or its application to other persons and circumstances, but such judgment shall be confirmed in its operation to the provisions of the particular chapter, section, subsection or provision involved, or the application thereof to the persons and circumstances directly involved in the controversy in which such judgment is rendered. Sec. 12.

General repealer.

All ordinances and parts of ordinances in conflict with the provisions of this Code or relating to the subject matter of this Code and not reenacted as a part of this Code are hereby repealed, except as otherwise specifically provided. Sec. 13. (a)

Effect of repeal. The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took

effect, nor any suit, prosecution or proceeding pending at the time of the repeal, or any off ense committed under the ordinance repealed. (b)

Sec. 14.

The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect. Publication and effect of Code.

This Code shall be printed and published in book or binder form and shall take effect as provided by law. Sec. 15.

Discrimination Prohibited

(a)

No person shall, an the grounds of race, color, national origin, or sex be excluded from participation, be denied the benefits of, or be subjected to discrimination under any city program, activity, or function.

(b)

The City of Geddes, South Dakota, shall provide equal opportunity to all employees and applicants for employment without regard to race, color, sex, creed, religion, ancestry, age, or national origin.

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CHAPTER 2

CITY POLICIES

ARTICLE I

IN GENERAL

Sec. 1.

Civil Rights Policy.

No person shall, on the grounds of race, color, national origin, age or handicap, be excluded from participation in or be subjected to discrimination in any program or activity funded, in whole or in part, by Federal funds. Discrimination on the basis of sex or religion is also prohibited in some Federal programs. Further, the city shall not discriminate against any person on the above basis or on any basis prohibited by State or Federal law with regard to employment practices and other related areas. Sec. 2.

Political Activity Policy.

The City of Geddes recognizes that its employees are citizens of the community, state and nation in which they live. As citizens they may find themselves involved in partisan political activity from time to time and ,the City Council has no objection to such participation. However, employees of the City of Geddes may not participate in partisan political activity on the local, state or Federal level during any time that they are performing the duties for which they were employed or when acting in any official capacity as representatives of the city. Employees also may not use city funds, equipment, buildings, supplies, materials, stationery, postage, or similar items in connection with any partisan political activity. Every effort must be made by employees to disassociate themselves from the city during such partisan political activity, particularly if that activity involves a candidate for Federal office. Sec. 3.

Drug Free Workplace.

Employee safety is of paramount concern to the City of Geddes and the City Council. Further, the city recognizes that employees under the influence of alcohol, drugs, or controlled substances while at work are a serious risk and pose a danger to themselves, other employees and the public. Therefore, it is hereby deemed prohibited for any employee of the city to manufacture, use, possess, sell, distribute, ingest, or otherwise introduce into their body alcohol, drugs, or other controlled substances while on property owned or occupied by the city, or while on-duty as an employee of the city. Any employee who violates this policy will be subject to disciplinary action in accordance with these ordinances which action may include dismissal of said employee. Further, such disciplinary action may include, but is not limited to, the offending employee submitting to a drug and/or alcohol abuse evaluation, and/or requiring the offending employee to

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attend and successfully complete a drug and/or alcohol abuse rehabilitation program. Each employee of the city is hereby given notice that adherence to this ordinance is a condition of employment. Each employee shall report to the Mayor, their immediate supervisor, or the City Finance Officer any convictions or violations of the criminal drug statutes of the united States or State of South Dakota, which convictions occur by virtue of acts of the employee while on the premises owned or occupied by xhe city or which occur while the employee is performing his/her duties as an employee of the city. Such notification by the employee must be in writing and made within five (5) days of the date of the conviction for such offense. The aforesaid officers shall, upon receipt of such a report by an employee advise the appropriate officials of. the State or Federal government, if any. Sec. 4.

Notice of policy.

All city employees shall be given a copy of this policy each year and compliance with it is a condition of employment with the city. Each employee will also receive some instruction on the dangers of drug abuse in the workplace, the availability of drug counseling, rehabilitation and other assistance programs in the area.

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CHAPTER 3

POLICE

Sec. 1.

Adoption of policies and procedures.

The City of Geddes may by a resolution duly adopted and passed promulgate policies and procedures for the regulation of the police officers who are employed by the city. Such rules and regulation may, from time to time, be amended, revised or modified by a resolution duly adopted and passed.

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RESOLUTION #

c200d(- 2

WHEREAS, Chapter 10, Article V, Firearms/Fireworks, Section 2. of the Revised Ordinances of Geddes prohibits the discharge of fireworks within the city limits except during specific dates and hours; and WHEREAS, the City of Geddes is aware of and familiar with the fire hazard associated with the discharge of fireworks during any season and that said fire hazard is increased during a dry year; and WHEREAS, the area within the City of Geddes is extremely dry and as a result the fire hazard associated with the discharge of fireworks this year is extremely high; and WHEREAS, any fire which may be caused by the discharge of fireworks may do substantial damage to private and public property; and WHEREAS, the City of Geddes deems it essential to the preservation of the public health, safety and welfare, and for the protection of public and private property that it act responsibly with regard to the permissive discharge of fireworks within the city limits of the City of Geddes, South Dakota. NOW THEREFORE, IT IS HEREBY RESOVLED that a state of emergency is hereby declared to exist within the City of Geddes with regard to the permissive discharge of fireworks within the city limits of Geddes due to the extremely dry conditions and the very high risk and danger of an extremely devastating fire which may be caused by the discharge of fireworks within the city limits of Geddes; and it is further RESOLVED that the discharge of any and all fireworks are hereby prohibited within the city limits of the City of Geddes, South Dakota at all times; and it is further RESOLVED that any violation of this resolution will be punished in the same fashion as if the discharge of fireworks occurred at a time when such discharge was prohibited under the Revised Ordinances of Geddes. The above Resolution was i~troduced a a special meeting of the Geddes City Council on the ~A~ day of ~~~ I 2002, and was passed by the following vote and shall b tive immediately: AYES: NAYS: ABSENT:

~ m .t~v--o.MAYOR DANIEL MERKWAN ATTEST:

CHAPTER 4

LICENSES

Sec. 1. Payment. Except as otherwise provided an applicant for license shall pay the amount of the license to the city finance officer. Sec. 2.

Conduct prohibited.

No person shall engage in any activity for which a license i required without first having obtained a license therefor as required by any provision of this ordinance. Sec. 3.

Application required.

Except as otherwise provide an applicant for license shall make and file application in writing with the city finance of on the form prescribed by the city. Sec. 4.

Issuance of license.

Except as otherwise provided all licenses shall be issued by the city finance officer if the issuance of the license is approved by the council and the applicant has complied with all requirements for the issuance of the license. All license shall be signed by the city finance officer and shall have affixed thereto the official seal of the city. Sec. 5.

Bond, liability or deposit.

Any bond, liability insurance, or deposit required shall be subject to the approval of the city council, and in case the city council deems the security inadequate, it may require new or additional security. Sec. 6.

Effective date.

Unless otherwise provided, all licenses shall take effect when issued and shall terminate on the expiration date shown thereon. Sec. 7.

License fee.

The fee for all miscellaneous licenses shall be $10.00. Sec. 8.

Transferability.

The license shall be transferable upon the approval of the

city council.

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Sec. 9.

Posting of license.

Every persons to whom a license, is issued by the city shall keep the same posted in a conspicuous place in the licensed establishment. Sec. 10.

Revocation of licenses.

The city council shall have the sole and exclusive authority to cancel or revoke licenses issued pursuant to this ordinance. The grounds for cancellation or revocation of a license shall include, but are not limited to, failure of the licensee to comply with any law, rule, regulation, or ordinance, or committing fraud or a misrepresentation on the license application. Sec. 11.

Punishment.

Any act or omission made unlawful or prohibited by any provision of this Chapter shall be punishable by a fine not to exceed $200.00 and in the event such violation shall be continuing in nature, such fine shall be imposed at a rate not to exceed $200.00 per day.

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CHAPTER 5

PUBLIC AMUSEMENTS

ARTICLE I

GENERAL PROVISIONS

Sec. 1.

License required.

Any person who shall open, conduct or manage any theater, circus, concert or any other exhibitions, show or amusement for pay within the city, shall first procure a license for so doing, provided, no license shall be required for lectures, musical, literary and other entertainments given or made by the citizens of this city. Sec. 2.

License Fees.

The fees for obtaining a licenses under the provisions of this article shall be as may from time to time be set by a resolution duly adopted and enacted by the City Council for the City of Geddes. Such fee scheduled shall be maintained by the city finance officer in her official records. Sec. 3.

Payment.

Any person desiring a license of and by virtue of this article shall pay to the city finance officer the amount provided for such license, for which the city finance officer shall give a receipt stating the kind of license applied for and the length of time for which payment is made. Sec. 4.

Revocation.

Whenever complaint shall be made to the mayor that any exhibition or performance conducted in the city under a license has been carried on in an indecent, indecorous or improper manner, he may, upon being satisfied of the truth of the complaint, forthwith suspend or revoke such license; as in his discretion he may deem proper. Sec. 5.

Waiver of application.

The City Council by a majority vote may waive the

application of this Chapter in the event it determines such

waiver is appropriate under the circumstances.

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CHAPTER 6 BUILDINGS AND GENERAL BUILDING REGULATIONS ARTICLE I IN GENERAL.

Sec. 1.

Uniform building code adopted.

There is hereby adopted by the city for the purpose of establishing rules and regulations for, the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties, that certain building code known as the Uniform Building Code by the International Conference of Building Officials, 1973 Edition, as amended or revised, of which not fewer than two (2) copies have been and now are filed in the office of the city finance officer and the same is hereby adopted and incorporated as fully as if set out at length herein. All of its provisions shall be controlling in the construction of all buildings and other structures contained within the city. Sec. 2.

Conflict of laws.

In case of conflict between the provisions of the Uniform Building Code, this ordinance or state law, the laws of the State of South Dakota shall control. Sec. 3.

Responsibility of city.

The city shall not be held, by reason of this chapter, as assuming any liability for damages to persons or property by reason of inspections authorized herein, or any certificate issued as provided herein, or by reason of the approval or disapproval of any equipment authorized herein, or by virtue of any other requirement, rule or regulation herein set forth. Sec. 4.

Fire zones established.

The boundaries of the fire zone are the municipal boundaries as shown on the official map of the City of Geddes now on file in the office of the city finance officer and such map is made a part hereof and incorporated herein by this reference thereto. Sec. 5.

911 addressing requirements.

In order to

facil~tate

the utilization and operation of the

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911 emergency response system and services to be provided within the City of Geddes, all buildings, residences, mobile homes, or other structures of any nature or sort, other than accessory buildings or structures as defined herein, which are located within the municipal boundaries of the City of Geddes, shall have affixed to the front of the structure 'numbers which represent the street address of same. Such numbers shall be at least three (3) inches in height and shall be plainly visible from the street. 'ARTICLE II BUILDING PERMITS Sec. 1.

Required.

It shall by unlawful for any person to commence or to proceed with the erection, construction, reconstruction, conversion, alteration, enlargement, extension, or razing of any building or structure or any portion thereof within the city, unless a building permit has been granted therefor in the manner hereinafter provided. No wall, structure, building, or part thereof, shall hereafter be built, enlarged, or altered until the building permit is issued by the building inspector or the City Finance Officer. Sec. 2.

Application;

Required.

When any Person shall be desirous of erecting, constructing, re-constructing, converting, altering, enlarging, extending or razing any building or structure within the limits of the city, he shall make a written application to the city for a permit to carryon such work. Such application shall be on the forms provided by the City. Sec. 3.

Same;

Contents.

The application required by this ordinance shall contain such information as may be required or deemed necessary by the City. Sec. 4.

Denial; appeal.

If the application complies with all the requirements of the ordinances of the City of Geddes, a building permit shall issue and all work pursuant to said permit shall be done in accordance with the ordinances of the City of Geddes and the laws of the state of South Dakota. If the application is deficient, or if the proposed building or structure fails to meet any of the requirements of the said ordinances or laws of the state, then within seventy-two (72)

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hours the City Finance Officer shall notify the applicant of the objection and refuse to grant the permit. Any person aggrieved by the granting of or refusing to grant a building permit as provided by this Code may appeal such decision to the city council as provided herein. The city council shall affirm, reverse or modify the decision of the city finance officer. Notice of appeal shall be filed by an aggrieved person within fourteen (14) days from the date of the granting or refusal of the building permit. The City Council shall within thirty (30) days after the filing of the notice of appeal hold a hearing upon said appeal. The city Council may consider evidence both oral and documentary at the hearing on the appeal of the city finance officer's decision. Sec. 5.

Special permits for moving structures.

Any person proposing to move on or across the public streets of the city any building or structure used for business, dwelling, storage or other similar purpose, shall obtain a permit therefor from the councilor from the city finance officer as authorized by the council, and shall file with the city finance officer a written application for such permit on the forms to be provided by the City. Sec. 6.

Same; prerequisite; conditions imposed.

No building, regardless of size, shall be moved until a permit has been obtained as provided in this article. The city councilor its designated agent shall not issue such permit if in their judgment the proposed new location of the structure would seriously increase the fire hazard to the surrounding buildings, or if moving the building or structure will or probably will result in unreasonable damage to streets, trees, or other property along the over which such building or structure is proposed to be moved. Sec. 8.

Same;

Bond required.

The application for a special permit shall be accompanied by an Indemnity bond or deposit in an amount to be fixed by th8 council. Said bond shall be in an amount to assure that 2ny damage to City property or adjoining property shall be rep2id . The moving of any building or structure within the City of Geddes shall be done in such a fashion so as to avoid damage to the streets, the adjacent parking, the tress or shrubs along such streets, the property of any municipal utility or the property of any person. After the building or structure has been moved from

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its location, the property shall be reclaimed to such a condition so that same does not pose a danger to the public at large. Sec. 9.

Special permits;

Plans for water and sewer required.

Before any structure is moved onio a tract of ground in this article, a diagram showing water and sewer connections must be presented to the governing body for approval. If said structure is beyond the minimum distance required for connecting with the city sewer system then the diagram must show plans for a septic tank system which is mandatory where connection with the city sewer is not required. Sec. 10.

Fees and penalty.

No fee shall be charged nor collected for building permits. The fee for special permits to move a structure out of the city shall be 4% of the difference in value which occurs as a result of moving the structure from the City of Geddes. The values for purposes of determining the fee herein shall be the fair market values shown on the records maintained b\ the Charles Mix County Assessor or Director of Equalization.

Any person in violation of this Chapter ~hall be subJect to the following schedule of penalties: (a) (a)

Sec. 11.

For a failure to secure a special permit to move a structure, a fine not to exceed $200.00 for each day of violation. For a failure to secure a building permit, a fine of $5.00 per day for the first five business days subsequent to and including the initial date of violation; $10.00 per day for the next 10 day $5.00 per day for each day of violation thereafter. Platting requirements.

No structure shall be moved onto a tract of ground within the city which- has not been platted into lots and approved by the governing body. Sec. 12.

Required records.

It shall be the duty of the City Finance Officer to keep a permanent reccrd of all applications for building permits and all moving permits issued either by the city council.

If

Sec. 13.

Expiration.

Any building permit or moving permit under which no construction work has been commenced within six (6) months after the date of issue of said permit, or under which the proposed construction has not been completed within two (2) years after the date of issue, shall expire by limitation and no work or operations shall take place under any such permit after such expirations unless said permit has been renewed.

P~ATEMENT

Sec. 1.

Definitions;

ARTICLE III

OF DANGEROUS BUILDINGS

Dangerous buildings.

For the purpose of this Code, any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building, provided that such conditions or defects exist to the extent that the life, health, property, or safety of the public or its occupants are endangered: (1)

(2)

(3)

(4)

(5)

Whenever a door, aisle, passageway, stairway or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half(l~) times the working stress or stresses allowed in the Uniform Building Code for new buildings of similar structure, purpose or location. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or, by any other cause, to such an extent that the structural strength or stability thereof is materially :ess than it'was before such catastrophe and is less than the minimum requirements of the Uniform Building Code for new buildings of similar structure, purpose or location. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. Whenever any portion or member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified in the Uniform Building Code for new buildings of similar structure, purpose, or location

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(6)

(7)

(8) (9)

(10)

(11)

(12)

(13)

without exceeding the working stresses permitted in the Uniform Building Code for such buildings. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other, structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction. Whenever the building or, structure, or any portion thereof that is likely to partially or completely collapse because of: (1) dilapidation, deterioration, or decay; (2) faul ty construction; (3) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (4) the deterioration, decay, or inadequacy of its foundation; or (5) any other cause. Whenever, for any reason the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base. Whenever the building or structure, exclusive of the foundation, shows thirty-three (33) percent or more damage or deterioration of its supporting member or members, or fifty (50) per cent damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become tl) an attractive nuisance to children; (2) a harbor for vagrants, criminals or immoral persons; or as to (3) enable persons to resort thereto for the purpose of committing unlawful or immoral acts. Whenever any building or structure has been constructed, exists or is maintained violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this city, as specified in the Uniform Building Code, or of any law or ordinance of this state of city relating to the condition, location, or structure of buildings. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinance, has in any nonsupporting part, member or portion, less than fifty (50) percent, or in any supporting part, member or portion less than sixty-six (66) percent of the (1) strength, (2) fire-resisting

18

qualities or characteristics, or (3) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like. Sec. 2.

Dangerous Buildings; Procedure.

Nuisanc~;

Abatement

Any dangerous building as defined herein is hereby deemed to be a nuisance and shall be abated in the manner and method provided by state law for nuisances. Sec. 3.

Historical buildings or structures.

Article III and all of the provisions set forth therein shall not apply to historical buildings or structures which are being refurbished, which have been the subject of the award of a grant for any reasons, or which have been designated to remain in the current condition for significant historical reasons.

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CHAPTER 7

REGULATION OF TRAFFIC

ARTICLE .I

Incorporation of State Laws

Sec. 1.

Incorporation of code.

All of the provisions of SDCL Chapter 32-12 through 32-35, as amended or revised, are hereby incorporated herein by this reference thereto as a part of this chapter.

~inclusive,

ARTICLE II Definitions Sec. 1.

Definitions.

For purposes of this chapter, the following words shall have the meanings indicated, unless the context clearly indicates otherwise: a.

"Business district means the territory contiguous to a street when fifty (50) percent or more of the frontage thereon for a distance of three hundred (300) feet or more is occupied by buildings in use for business.

b.

Crosswalk means that part of a street at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the street measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; or any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

c.

Double parking means the standing of a vehicle upon a street at the rear of another vehicle which is parked diagonally at the curb, or the standing of a vehicle upon the street alongside and parallel to another vehicle which is parked parallel to the curb.

d.

Intersection means the area embraced within the prolongation of the lateral curblines, or, if none, then the lateral boundary lines of two (2) or more streets which join one another at an angle, whether or not one such street crosses the other; but such area, in the case of the point where an alley and a street meet, shall not be deemed an intersection.

e.

Motor vehicle means every vehicle as herein defined which is self-propelled.

'. U

f.

Owner means a person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement for the condition~l sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then'such conditional vendee or lessee or mortgagor is the owner for the purpose of said chapters.

g.

Parkway means the paved or unpaved strip of land paralleling the public roadway or located between the curbline and the property line or platted street boundary.

h.

Park or parking means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.

i.

Private road or driveway means every road or driveway not open to the use of the public for purposes of vehicular travel.

j.

Public roadway means that portion of a street designated or commonly used for vehicular traffic, and where curbs are laid, that portion from back to back of such curbs.

k.

Residence district means the territory contiguous to a highway not comprising a business district when the frontage on such street for a distance of three hundred (300) feet or more is mainly occupied by dwellings or by dwellings and buildings in use for private residence.

1.

Right-of-way means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other.

m.

Safety zone means the area or space officially set aside within a highway for the exclusive use of pedestrians and which is so plainly marked or indicated by proper signs while set apart as a safety zone.

n.

Sidewalk means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for use of pedestrians.

21

o.

Street means every way or place of whatever nature open to the use of the public, as a matter of right, for the purposes of vehicular travel. The term "street" shall not be deemed to include a roadway or driveway upon grounds owned by private persons, or other institutions.

p.

Vehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks, including bicycles and ridden animals. ARTICLE III

Prohibited Uses of Vehicle

Sec. 1.

Riding on outside of motor vehicle.

a.

It shall be unlawful for any person to ride upon the running board, fender, top, hood, trunk or bumper .of any motor vehicle while such vehicle is in motion except when such vehicle is participating in a duly authorized parade.

b.

It shall be unlawful for any driver or person in charge of any motor vehicle to permit any person to ride on the running board, fender, hood, trunk or bumper thereof while the same is in motion.

Sec. 2.

Clinging to motor vehicle.

It shall be unlawful for any person traveling upon any bicycle, motorcycle, coaster, sled, roller skates, roller blades, any toy vehicle, or any other similar type of apparatus to cling to or attach himself or any vehicle to any other moving vehicle upon any roadway. Sec. 3.

Riding on handlebars.

It shall be unlawful for the driver of any bicycle or motorcycle on a highway to carry any other person upon the handlebars, frame or tank of any such vehicle or for any person to ride upon any such vehicle. ARTICLE IV

Signs

Sec. 1.

Council to determine and designate by resolution;

with state system.

uniformit~

22

The council shall, by resolution, determine and designate the character or type of all official traffic signs, provided that all official traffic signs now erected and now in operation are hereby designated official traffic signs and provided further, such signs shall be uniform, so far as practicable, with the state highway signs and shall be uniform, so far as practicable, throughout the city. Sec. 2.

Installation and maintenance.

The chief of police or police commissioner is hereby authorized, and it shall be his duty to cause to be placed and maintained, all official signs. Sec. 3.

Intersections.

It shall be the duty of the chief of police or police commissioner to cause to be placed and maintained upon each and every highway intersecting any through highway, appropriate stop signs or yield-right-of-way signs, which shall be illuminated at night or so placed as to be illuminated by the headlights of an approaching vehicle or by streetlights. Sec. 4.

Crosswalks.

The chief of police or police commissioner is hereby authorized to establish and to designate and shall thereafter maintain by appropriate devices, marks or signs, upon the surface of the highway, crosswalks, approximately equal in width to the adjacent sidewalk at all intersections where, in his opinion, there is particular danger to pedestrians crossing the highway. Sec. 5.

Safety zones; traffic lanes.

Where he deems it necessary for the safety of pedestrians, the chief of police or police commissioner is hereby empowered to establish safety zones on any highway, and to cause the same to be clearly marked. He is also authorized to mark lanes for traffic on pavements at such places as he deems it advisable. Sec. 6.

Obedience to signs.

No person shall violate any rule, regulation, traffic direction, sign or marking adopted, prescribed or established in accordance with this chapter unless otherwise directed by a police officer. No person shall refuse or fail to comply with any lawful order, signal or direction of a police officer.

23

Sec. 7.

Unauthorized signs prohibited.

It shall be unlawful for any person to place or maintain to display upon or in view of any highway any unofficial sign device which purports to be or is an imitation of, or resembles official traffic sign or which attempts to direct the movement traffic. Every such prohibited sign or device is hereby ~eclared to be a public nuisance and the chief of police is hereby empowered to remove the same or cause it to be removed without notice. or or an of

Sec. 8.

Interference with official signs.

It shall be unlawful for any person to willfully deface,

injure, move, obstruct or interfere with any official traffic

sign.

ARTICLE V

Operation

Sec. 1.

Speed limits established.

Unless otherwise posted, speed limits within the city shall be twenty (20) miles per hour in the central business district and twenty-five (25) miles per hour in residential districts. A violation hereof is punishable by a fine calculated in accordance with the bond schedule maintained by the Charles Mix County Clerk of Courts. Sec. 2.

Vehicles prohibited in recreation areas.

It shall be unlawful for the driver or operator or a motor vehicle to drive or operate said motor vehicle in or upon any public park, playground or other public recreation area or upon any school grounds in the city except upon a street, alley or driveway designated for motor vehicle travel, or except when such vehicle is being used for some authorized work or purpose or for loading or unloading goods and materials. Sec. 3.

Funeral processions.

It shall be unlawful for the driver of any vehicle to drive

between the vehicles compromising a funeral or other authorized

procession while they are in motion. This provision shall not

apply at intersections where traffic is controlled by a police

officer.

Sec. 4.

Boarding or alighting from moving vehicles.

It shall be unlawful for any person to board or alight from any vehicle while such vehicle is in motion.

Sec. 5.

Passing vehicle yielding right-of-way to pedestrians.

Whenever any vehicle has stopped at a any intersection to permit a pedestrian to entrance to an alley, it shall be unlawful other vehicle approaching from the rear to stopped vehicle.

marked crosswalk or at cross a highway or for the operator of any overtake and pass such

Sec. 6. u-turns. U-turns shall be permitted in the areas designated by the City Council by a resolution duly adopted and enacted. It shall be unlawful for any person in the City of Geddes to make a U-turn in areas not designated for such activity. Sec. 7. Driving over sidewalk. The driver of a motor vehicle shall not drive such vehicle upon any sidewalk except at a per~anent or temporary driveway. Every person driving any vehicle to or from an alley, lot or building across any sidewalk shall give ample notice and warning of his approach and in the business district shall come to a full stop before crossing the sidewalk. ARTICLE VI

Regulation of Traffic During Emergency

Sec. 1.

Definition.

a.

Fire apparatus as used herein shall mean fire trucks and other emergency vehicles carrying members of the fire department.

b.

Emergency vehicle as used herein shall mean any vehicle which is duly designated as such by either the state of South Dakota or any of its political subdivisions and which is equipped with either a bell, siren or exhaust whistle, and red strob, rotating or other similar lights which are capable of emitting a visual signal which is easily visible to pedestrians or other traffic.

Sec. 2.

Emergency vehicles.

Operation of emergency vehicles shall be governed by the

applicable provisions of the Codified Laws of the State of South

Dakota and all amendments and revisions thereof.

Sec. 3.

Regulation of traffic during emergency.

It shall be unlawful for any driver of a vehicle, after a

25

fire alarm has been sounded and prior to the time when the fire, on account of which said alarm was sounded, is extinguished, to fail to obey the following regulations: a.

Immediately upon the approach of any fire apparatus to a fire all other vehicles shall draw as near as possible to the right hand curb or edge of the roadway and remain standing until such fire apparatus shall have passed.

b.

All drivers of vehicles shall grant the right-of-way to fire apparatus going to a fire.

c.

It shall be unlawful for the driver of any vehicle, other than one on official business, to follow any fire apparatus traveling in response to a fire alarm closer than five hundred (500) feet or to drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm.

d.

No driver of a vehicle other than fire apparatus shall park or stop within fifteen (15) feet of any fire hydrant.

e.

No person shall obstruct any fire apparatus going to a fire or hinder or obstruct any member of the fire department who is at the time in the discharge of his duty as a fireman. Hindering or obstructing, as used in this provision, shall include, but is not limited to, a person who, knowing that a fireman is responding to an emergency fire alarm and is enroute to the fire station or the location of the fire, intentionally fails to allow such fireman to pass or proceed directly to either the fire station or the fire location.

f.

No person shall drive upon or over or in any way interfere with a fire hose without the consent of the fire department official in command.

g.

No person shall approach within a distance less than one hundred fifty (150) feet of a fire unless he is a member of the fire department or is called upon by members of the fire department for assistance. ARTICLE VII

Accidents

Sec. 1.

Procedures at scene of accident.

All persons involved in any accident within the city shall

follow the requirements set forth by South Dakota law with regard to the reporting, investigation, and attendance of injured parties involved in an accident. All of the'statutes of the State of South Dakota set forth in SDCL Chapter 32-34, as revised and amended, are hereby fully incorporated herein by this reference thereto. ARTICLE VIII

Parking

Sec. 1.

Regulation of parking areas.

The city council from time to time, by resolution, may establish, and cause to be designated and marked, streets and parts thereof where vehicles may be parked for limited periods only or similarly may establish no parking areas. Any and all resolutions establishing parking restrictions or prohibitions within the city and enacted pursuant to the prior provision of this ordinance shall remain in effect and enforcible. Sec. 2. Parking on private property; penalty. It shall be unlawful and a violation of this section for the operator of any motor vehicle to leave or park the same on the property of another without permission to do so from the owner or person in possession thereof. Sec. 3. Records required. The city finance officer shall keep an account of all violations of the provisions of this chapter, which record shall contain such information as may be required by resolution of the council. ARTICLE IX

Inclement Weather Restrictions

Sec. 1.

Stalled vehicles.

No person operating a motor vehicle upon the public streets shall allow such vehicle to become partially or wholly stalled so as to impede street cleaning or other traffic within the roadway because of the condition of the streets. Sec. 2.

Abandoned vehicles in snow prohibited.

No person operating a motor vehicle upon the public streets which has been stalled and/or improperly parked within the roadway because of the condition of the streets shall abandon such vehicle within the roadway. Such vehicle shall be considered abandoned if the owner or operator is not with the vehicle.

ARTICLE X

Snowmobiles

Sec. 1.

Definition.

For the purposes of this article, the following word shall have the meaning indicated unless the context clearly indicates otherwise: Snowmobile shall mean any engine-driven vehicle of a type which uses sled type runners, wheels, or skis with an endless belt tread or similar means of contact with the surface upon which it is operated. Sec. 2.

Automobile rules of the road applicable.

Except as otherwise specifically provided in this article, every operator of any snowmobile shall adhere to and observe all traffic signs and all traffic rules and regulations imposed by statute or ordinance and applicable to other vehicles and shall obey all orders and directions of any police officer authorized to direct and regulate traffic. Sec. 3.

Driver's license required.

No person shall operate a snowmobile on a public street in the city without having in his possession a valid driver's license. Sec. 4.

Crossing intersections.

No operator of a snowmobile shall drive the same across any street except at an intersection of such street with another street or alley, and shall yield the right-af-way to all other vehicles approaching said intersection from any direction. Sec. 5.

Operation on sidewalks.

Na person shall operate a snowmobile upon any public

sidewalk or upon the parking area within any platted street.

Sec. 6.

Equipment.

All snowmobiles operated within the city shall be properly

equipped with legal and safe equipment.

Sec. 7.

Safety regulations. a.

It shall be unlawful for any person to operate a snowmobile in the city under the circumstances or in the manner following:

)~) ,-t

1) At any time or place where there is less than an accumulation of four (4) inches of snow, except on the regularly traveled portion of streets; 2) At a speed greater than is reasonable or proper under all existing circumstances; 3) At any time on public park property, recreation areas, or golf courses, without the express permission of the commissioner of parks and recreation, or on any public school property without express permission of the superintendent of schools, provided, however, the commissioner of parks and recreation shall have authority to supervise and regulate events or programs conducted by the park and recreation department In which snowmobiles are used; 4) In a careless, reckless or negligent manner so as to be likely to endanger the person or property of another or to cause injury or damage thereto; 5) In such a manner as to create any loud or unnecessary or unusual noise likely to disturb or interfere with the peace and quiet of any other person; 6) Between the hours of 11:00 P.M. and 7:00 A.M., except when returning to the operator's residence by the most direct route available; or 7) While under the influence of intoxicating liquors or drugs. b.

At all times during operation, whether during daylight or darkness, the operator of any snowmobile shall keep lighted the headlight and taillight thereon. ARTICLE XI

Pedestrians

Sec. 1.

Rights and duties generally. a.

At uncontrolled intersections or alleys. The operator of any vehicle shall yield the right-of-way to a pedestrian crossing a roadway within any marked crosswalk or within any unmarked crosswalk at the end of a block, or an entrance to an alley, except at intersections where the movement of traffic is r 7gulated by police officers or traffic control slgns. Whenever any vehicle has stopped at a crosswalk or intersection to permit a pedestrian to cross a roadway or entrance to an alley, it shall be unlawful

2~

for the operator of any other vehicle approaching from the rear to overtake and pass such stopped vehicle. b. At any other point. Every pedestrian crossing a roadway at any point other than described in paragraph a. above shall yield the right-of-way to vehicles upon the roadway, provided that this provision shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of pedestrians.

ARTICLE XII

Enforcement

Sec. 1.

Procedure in certain cases. a.

Cases designated; manner of arrest. Except in cases of driving while intoxicated or under the influence of alcoholic beverage, or any stupefying or exhilarating drug, and except in the more serious and aggravated cases of speeding or careless and reckless driving, and except when reasonably necessary to secure appearance, a person charged with violation of the traffic code of the city by a police officer need not be arrested in the regular manner but may be first given an opportunity, after notice or summons, to appear voluntarily to answer for such traffic violation.

b.

Notice to appear. A person charged with violation of the traffic provisions shall be given a written notice or summons to appear before the court at the time stated in such notice or summons and that in event of failure to do so, a warrant will be issued for his arrest. The notice or summons shall state the name and address of the offender, if known, the license number and make of the vehicle involved in the violation, the nature, date and location of the offense and the time and place where the offender is to appear to answer the charge. The notice or summons shall be signed by the police officer executing it or the city attorney. A notice shall be made in triplicate, one copy to be given to the person charged with the offense or to be left in or upon the vehicle involved in the violation, and one copy to be filed with the finance officer. A summons shall be issued by filing the original with the Charles Mix County Clerk of Courts, serving the defendant with a copy and filing a copy with the city finance officer.

Sec. 2.

c.

Appearance; deposit of fine. A person who has received a notice of traffic violation or a summons to appear shall appear ~t the time and place specified in such notice or summons. In cases of nonmoving violations and cases of failure to stop at a stop street or sign which are not serious and aggravated cases, the person charged shall appear at the Charles Mix County Clerk of Courts Office and upon making the deposit for the fine and a statement authorizing such clerk to enter his plea of guilty to the offense, he shall not be required to appear in court.

d.

Failure to appear. Upon failure of a person to appear in response to a notice of traffic violation or a summons as herein provided, he shall be subject to arrest in the manner otherwise provided by law.

Violation of this chapter; punishment.

Any violation of the provisions or sections of this chapter shall be punishable by a fine not to exceed two hundred dollars ($200.00). Upon a conviction for a violation of any of the provisions or sections herein, the court shall use the bond schedule set forth by the presiding Circuit Court Judge, First Judicial Circuit of the State of South Dakota as a guideline for rendering a fair and equitable fine for a violation of the provisions or sections set forth herein. In all cases the court shall assess costs against the violating party in an amount consistent with the State of South Dakota court cost schedule. ARTICLE XIII Judicial Determination Sec. 1.

Savings clause.

If any provision or section herein should be determined by a court of competent jurisdiction to be unconstitutional, such determination shall not render the remaining provisions or sections herein unconstitutional or unenforcible. ARTICLE XIV Validity Sec. 1.

Ordinances in conflict.

All ordinances or parts of ordinances In conflict herewith are hereby repealed.

Sec. 2.

Invalidity.

The invalidity of any section, clause, sentence, or provision of this ordinance shall not affect the validity of any other part of this ordinance which can be given effect without such invalid part or parts.

CHAPTER 8

ALCOHOLIC BEVERAGES

ARTICLE .1

DEFINITIONS

Sec. 1.

Definitions.

For the purposes of this chapter the definitions set out In ?DCL 35-1-1 shall apply. ARTICLE II

LICENSE REQUIREMENTS

Sec. 1.

License required.

Except as provided herein, no person shall sell, barter, exchange or distribute any intoxicating liquor or alcoholic beverages in the city without having first obtained a license. Sec. 2.

City monopoly.

Only the City may apply for and receive licenses for the sale of intoxicating liquor or alcoholic beverages by the package at retail in the city. ARTICLE III

PROHIBITIONS AND HOURS OF OPERATION

Sec. 1.

Hours of operation.

The hours of operation and prohibitions set forth in the codified laws of the State of South Dakota, as amended or revised, with regard to, but not limited to, the sale, consumption, ingestion, service, licensing, dispensing, or possession of alcoholic beverages of any kind, nature or sort, are hereby incorporate herein and shall be adopted by the City of Geddes. Such laws as adopted by the City of Geddes shall apply in all respects to the City of Geddes and all alcoholic beverage licensees. ARTICLE IV

OPEN CONTAINERS PROHIBITED

Sec. 1.

Open containers.

No person shall take, carry, or have in his possession upon a street, alley or sidewalk or park or public grounds of the city or in any public place, other than upon the premises of a licensed on-sale dealer where such alcoholic beverages were purchased from said dealer for on-sale purposes, any open can, bottle, or other container in which there shall be any quantity of beer or other alcoholic beverage. For purposes of this section "public place"

shall mean any place, whether within or without a building, commonly or customarily open to or used by the general public. violation hereof shall be punishable, by a fine not to exceed $200.00 for each offense. Sec. 2.

A

Temporary permits.

Nothing herein shall 'limit or restrict the governing body of _said city from duly issuing special temporary permits to responsible persons, organizations, or entities upon appropriate application for exemption from the foregoing provision. ARTICLE VI

FEES

Sec. 1.

Fees.

The annual fee in addition to the basic license fee for the licensee shall be as established by the council by a duly adopted resolution, amendment to this ordinance, or pursuant to an agreement entered into with the city.

Geddes Animal Ordinance 1st Reading February 12,2007 2 nd Reading March 12, 1007 Published March 15,2007

Article I

Introduction

Section 101

Possessing Pets

The purpose of this ordinance is to describe the conditions and requirements allowing citizens to keep animals within the City of Geddes, and to describe the City's responsibilities to its citizens regarding the humane and appropriate keeping of animals within the City.

Section 103

Animals as Nuisances

The keeping of animals on any personal land in the city shall not be on a scale creating a nuisance. It is considered a nuisance and shall be unlawful for any person to keep and maintain (other than the care and treatment of injured or abandoned birds and animals by people licensed for that purpose) or to sell native fur bearers, bears, mountain lions, bobcats, lynx, panthers, endangered species, exotic cats, or venomous snakes.

Section 105

Owner Responsibility

No person shall create or maintain any condition or operate any equipment or keep any animal, fowl, pet, or insect under his jurisdiction in such a way that such condition or operation causes or is likely to cause the transmission of diseases from animals or insects to man.

Section 107

Effective Date

This ordinance shall be effective upon passage thereby requiring adherence by all parties owning, leasing, or renting property within the city limits of Geddes. In those instances where an ongoing activity is prohibited by provisions of this ordinance the owner shall be allowed sixty (60) days beyond the effective date of this ordinance to comply with said provisions. Upon closure of the sixty (60) day grace period, all properties shall be in compliance or face penalties as provided herein.

Geddes Animal Ordinance 151 Reading February 12,2007 2 nd Reading March 12, 1007 Published March 15, 2007

Article II

Definitions

Section 201

Terms Defined

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Section 203

Definitions

Animal - Any live creature, both domestic and wild, except humans. "Animal" includes fowl, fish and reptiles. Animal Control Officer - The person or persons designated by the governing body to be responsible for the care and maintenance of the animal shelter and to work with other law enforcement officials in the enforcement of this chapter. Animal Shelter - A building and facilities therein approved by the City Council and the Animal Control Officer for the impounding of animals.

Anti-Escape - Any housing, fencing or device which a guard dog cannot go over, under, through or around.

At Large­ 1. An animal when off or away from the premises and not under the control of the owner, possessor, keeper, agent, servant, or a member of his immediate family by a leash. 2. An animal when on the premises of the owner, possessor, keeper, agent, or servant if not attended by a competent person unless the animal is chained, restrained, enclosed, or confined in a manner preventing it from leaving the premises.

Cruelty - Any act or omission whereby unjustifiable physical pain, suffering or death of an animal is caused or permitted, including failure to provide proper drink, air, space, shelter or protection from the elements, a sanitary and safe living environment, veterinary care or nutritious food in siphoned quantity. In the case of activities where physical pain is necessarily caused, such as medical and scientific research, food processing, customary and normal veterinary and agricultural husbandry practices, pest elimination, and animal training and hunting, "cruelty" shall mean a failure to employ the most humane method reasonably available.

Disturbance - The act of disturbing the peace and quiet of the neighborhood by continuous barking or making other loud or unusual noises. Housing - means any location where the pet is kept. Impound - Taking into custody of an animal by any law enforcement officer, animal control officer, or any authorized representative thereof.

,., .J

Geddes Animal Ordinance 1sl Reading February 12,2007 2nd Reading March 12, 1007 Published March 15, 2007

Leash - A cord, thong or chain by which an animal is controlled by the person accompanying it. Nuisance - The act of destroying or defacing property or causing injury to persons or domestic animals.

Owner - Any person keeping, maintaining or having in their custody or control an animal. The occupant of any premises on which an animal remains or to which it customarily returns daily for a period often (l0) days is presumed to be keeping the animal within the meaning of this Ordinance. Vicious Animal ­ 1. An animal which, in a vicious or terrorizing manner approaches in an apparent attitude of attack, or bites, inflicts injury, assaults or otherwise attacks a person or other animal upon the streets, sidewalks, or any public grounds or places provided that the animal has not been provoked to do so by teasing, tormenting, abusing or assaulting the animal. 2. An animal which, on private property, in a vicious or terrifying manner, approaches in an apparent attitude of attack, or bites, inflicts injury, assaults or otherwise attacks a mailman, meter reader, serviceman, journeyman, delivery man, or other employed person, or other animal who is on private property by reason of permission of the owner or occupant of such property or who is on private property by reason of a course of dealing with the owner of such private property. 3. No animal may be declared vicious if the injury or damage is sustained to any person or animal who is committing a willful trespass or other tort upon premises occupied by the owner or keeper of the animal, or who was teasing, tormenting, abusing or assaulting the animal or was committing or attempting to commit a crime.

4

Geddes Animal Ordinance 51 1 Reading February 12,2007 nd 2 Reading March 12, 1007 Published March 15, 2007

Article III

General Regulations

Section 301

Permitted Animals

Animals purchased from a licensed pet store in the State of South Dakota are allowed by this ordinance and may be kept in the City. Nothing in this section shall be deemed to prohibit the keeping of domestic cats (felis domesticus), European polecats or ferrets (Mustela putorius foro), and domestic dogs (Canis familiaris), as long as license or permit procedures are followed.

Section 303

Prohibited Animals

Livestock, native species, and exotic pets are prohibited within the City of Geddes. Common animals hereby identified as prohibited shall include but is not limited to: cattle, sheep, goats, horses, alligators, crocodiles, caymans, raccoons, skunks, faxes, bears, sea mammals, poisonous snakes, hybrids, members of the feline species other than domestic cat (felis domesticus), members of the canine species other than domestic dog (canis familiaris), domestic fowl of the order Galliformes (chickens, turkeys, grouse, pheasants), and the order Anseriformes (ducks and geese) or any other animal that would require a standard of care and control greater than that required for customary household pets.

Section 305

Number of Animals

It is unlawful for any person to have or to keep more than four permitted animals over the age of six months, except birds and fish, on any lot or premises in the city, unless such person residing on or in the lot or premises has a valid kennel license issued by the city. The city, veterinarian offices, and licensed pet stores are exempt from the provisions of this section. Section 307

Running at Large

It shall be unlawful for any owner of a dog to allow his dog to run at large at any time beyond the limits of the land of its owner, and upon the streets, sidewalks, or other public or private property. For the purpose of this section, a dog shall be considered not to be at large whenever the dog is under the immediate control of a person by means of a leash, chain, cord or rope not more than six (6) feet in length and of sufficient strength to control the dog.

Section 309

Cruelty Prohibited

No owner of any animal shall permit such animal to be subjected to cruelty.

Section 311

Defecation Removal

No owner of any animal shall allow such animal to defecate on publ ic or private property other than his own. If such animal does defecate on public or private property, the owner must immediately and thoroughly clean the fecal matter from such property.

5

Geddes Animal Ordinance 1sl Reading February 12,2007 2nd Reading March 12, 1007 Published March 15,2007 Anyone walking an animal on public or private property other than his own must carry with him visible means of cleaning up any fecal matter left by the animal. Animals used in parades, involved in law enforcement, or utilized as service animals are exempt from this subsection.

Section 313

Abandonment Prohibited

No person shall abandon an animal in the city.

Section 315

Stray or Abandoned Animals

No person shall harbor or keep any stray animals. Animals known to be strays shall be immediately reported to the Animal Control Officer.

Section 319

Transmission of Disease

No person shall create or maintain any condition or operate any equipment or keep any animal, fowl, pet or insect under his jurisdiction in such a way that such condition or operation causes or is likely to cause the transmission of diseases from animals or insects to man.

Section 321

Poison

Unless recommended by the Animal Control Officer, it shall be unlawful for any person to: 1. Willfully administer or cause to be administered, poison of any sort whatsoever to any animal, that is the property of another with the intent to injure or destroy such animal, or 2. Willfully place any poison or poisoned food where the same is accessible to any such animal.

Section 323

Disturbing the Peace

1. The owner or custodian of an animal shall not allow the animal to create a disturbance by making loud noises any time of the night or day. 2. Any Animal Control Officer or police officer may remove and impound any animal which is disturbing the peace when the owner of the animal cannot be located. A notice advising the owner of the impoundment shall be left on the premises. 3. Any person having custody or control of any female dog or cat in heat shall be required to keep such dog or cat confined in a building, secure enclosure, veterinary hospital, or boarding kennel so that it cannot attract or come into contact with another animal on public or private property except for controlled breeding purposes.

Section 325

Trapping of Animals

No person without permission of the Animal Control Officer shall set, allow to be set, or use any trap for the purpose of catching any animal, which trap could injure or kill any animal, except rodent traps in the interior of a building, and except by persons employed by or agents of a governmental authority for purposes of the city's health and welfare.

6

Geddes Animal Ordinance 15t Reading February 12, 2007 2 nd Reading March 12, 1007 Published March 15,2007

Section 327

Hunting prohibited

No person shall hunt game in the city. Game means any wild bird or animal hunted for sport or for use as food. Hunt means to pursue game while in possession of a firearm or weapon for sport, food, or to kill. This section does not apply to law enforcement officers or Animal Control Officers in the discharge of their official duties.

Section 317

Rabid Animals

No person shall knowingly keep any animal infected with rabies or any animal that has been bitten by an animal that has been infected with rabies.

Section 333

Report of Suspected Rabies Cases

Any person who shall suspect that any animal in the city is infected with rabies shall report said animal to the Animal Control Officer, or the local law enforcement, describing the animal and giving the name and address of the owner if known.

Section 335

Impoundment for Observation

Anytime the Animal Control Officer or any law enforcement officer suspects an animal within the City is infected with rabies, the City may require it to be impounded for observation as hereinafter provided. When any owner of an an imal has been notified that the an imal has bitten or attacked any person, the owner must within 24 hours place the animal under the care and observation of the Animal Control Officer or a licensed veterinarian. The period of observation shall be a period of not less than ten days except in those cases when an animal has bitten or attacked while on the premises of the owner and the owner has a current rabies vaccination for the animal. The Animal Control Officer, or any law enforcement officer, may, if he feels the facilities are adequate and if the owner is a responsible person, quarantine the animal on the owner's premises. In this case the owner must sign a statement and understand the responsibility and assume the liability that is involved with the quarantine of an animal that has bitten. The quarantined animal must at all times be available for inspection during the quarantine. At the end of the ten-day observation period the animal shall be examined by a licensed veterinarian and, if cleared, may be reclaimed by the owner and the owner must pay the expenses incurred incident thereto. Any animal impounded or placed for observation, showing active signs of rabies, suspected of having rabies or known to have exposed to rabies shall be confined under competent observation for such time as may be deemed necessary to determine a diagnosis in such a manner that the head is not damaged and cam be submitted for a rabies examination to a laboratory.

Section 337

Destruction of Rabid Animals

Any animal reasonably believed to have rabies, and if, under the circumstances, it is not reasonable to impound or to attempt to seize that animal for the purpose of further observation, a law enforcement officer or the Animal Control Officer may destroy the animal. The owner shall pay any expense incident to the impoundment destruction of diagnosis of rabid animals thereof. Neither the City nor any person authorized by this section shall be liable for the destruction of any animal when done under circumstances as set forth in this section.

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Geddes Animal Ordinance 1st Reading February 12,2007 nd 2 Reading March 12, 1007 Published March 15,2007

Section 339

Contracting for Care

The City Council is hereby authorized to enter into any contract with any person, aSSOCiatIon or corporation for the housing, care, disposition or destruction of animals impounded under the provisions of this Ordinance.

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Geddes Animal Ordinance 1st Reading February 12, 2007 2nd Reading March 12, 1007 Published March 15, 2007

Article IV

Licensing and Immunization Requirenlents

Section 401

License

Any owner or keeper of a dog or cat of the age of six months or over shall, within 30 days of the acquisition of such animal or within 30 days of the time such animal becomes six months old obtain an appropriate license. All owners of licensed pets shall renew each license annually in the same manner as the original issuance.

Section 403

License Application

Application shall be made on a form furnished by the City Finance Officer, and shall be filed with said City Finance Officer. Such application form shall require the applicant to provide: 1. The breed, sex, color and other distinguishing characteristics of said dog or cat, the pet's name, and the name of the owner thereof. 2. A statement that said dog or cat has no vicious propensities so far as known to the application. 3. A certificate by a registered Veterinarian showing that such dog or cat has been inoculated or has a continuing immunity against Rabies within six (6) months of such application

It shall be the duty of the City Finance Officer at the time of the issuance of the license herein provided for, to furnish and deliver to said applicant, a metallic fiber or plastic tag for each dog and cat for which such license is issued. The tag shall be stamped or engraved with the registered number of the dog or cat and the year when registered. It shall then be the duty of the owner of the dog or cat to place a collar around the neck of such animal so owned and kept by him, on which collar shall be securely fastened a tag so furnished by the City Finance Officer. In case of the loss of any tag so issued, the said City Finance Officer is authorized to issue a duplicate thereof upon payment of the actual cost of same upon application being made therefore, and upon satisfactory proof that such tag has been lost. Licenses issued pursuant to this Section are valid from January 1 through December 31. Costs will be prorated by quarters. The owner shall contact animal control to report change of ownership, loss, or death of a licensed animal.

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Geddes Animal Ordinance 1sl Reading February 12, 2007 2 nd Reading March 12, 1007 Published March 15,2007

Section 405

Fee Schedule

The City Council may in special circumstances, after a hearing by the board, exempt the license fee in individual cases. Unless an exemption has been secured the fee for an original and a renewal dog or cat I icense shall be as follows:

1.

Neutered male dog or cat

$5.00

2.

Spayed female dog or cat

$5.00

3.

Non-neutered male dog or cat

$10.00

4.

Non-spayed female dog or cat

$10.00

In the case of spayed or neutered animals, the applicant must furnish a registered Veterinarian's statement confirming that fact. Section 407

Agent Fees

Places of business designated by the governing body to make available animal licenses to owners may charge up to $1.00 for each new or renewal license in order to defray the costs of providing the licensing service and the recordkeeping expense associated therewith.

Section 409

Immunizations

Every animal, except fowl, fish and reptile, authorized by this ordinance held as a domestic pet in the city, three (3) months of age or older, is hereby required to be immunized against rabies by a licensed veterinarian or other qualified person. Immunization against rabies shall be given by such intervals to guarantee immunity, and the minimum time period between vaccinations shall be determined by the available vaccine and based upon the recommendations and approval of the state veterinarian. Any owner acquiring an animal authorized by this ordinance by purchase, gift, birth or other method shall have such animal immunized against rabies immediately after acquisition or when the animal reaches the age of three (3) months. In the event no immunization serum is available for a particular animal, then it need not be immunized.

Section 411

Immunization Tag

All veterinarians or other qualified persons designated by the health officer to immunize animals against rabies shall provide the owner at the time of immunization with a metallic tag bearing the date of the immunization. All animals shall have said tag affixed to a collar, harness or chain when off the premises of the owner.

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Geddes Animal Ordinance 1st Reading February 12,2007 nd 2 Reading March 12, 1007 Published March 15, 2007

Article V

Vicious Aninlals

Section 501

Declaration

An animal may be declared to be vicious by the City Council, law enforcement officers, or the attending physician of the victim of an animal bite or scratch may request such a declaration, under the definition provided herein.

Section 505

Notification

When the City Council, law enforcement officer, and/or attending physician declares an animal to be vicious, the City Council, law enforcement officer, and/or attending physician shall notify the owner of such declaration in writing that such animal must be registered as a vicious animal within five business days after the receipt of such written notice. Said notice shall be served either in person or by mailing such notice by certified mail.

Section 507

Registration

The owner of an animal that has been declared vicious shall make application to the City Council to register such vicious animal and shall notify the City Council of any changes in the following:

1. Ownership of the animal; 2. Name, address and telephone number of a new owner; 3. Address change of the owner or any change in where the animal is housed; 4. Any change in the health status of the animal; and 5.

Death of the animal.

Section 507

Compliance Required

The owner or keeper of an animal that has been declared vicious then must comply with the following: 1. If the animal is kept indoors, the animal shall be under the control of a person over 18 years of age. 2. If the animal is outdoors and attended, the animal shall be muzzled, on a leash no longer than six (6) feet and under the control of a person over 18 years of age.

3. If the animal is outdoors and unattended, the animal must be locked in an escape proof kennel approved by the Animal Control Officer or his representative.

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Geddes Animal Ordinance 1st Reading Febmary 12,2007 nd 2 Reading March 12, 1007 Published March 15,2007

Section 509

Animals off Premises

Any vicious animal found off the premises of its owner, other than as provided for in this Article, shall be seized by the Animal Control Officer or any law enforcement officer and impounded. If the animal cannot be captured, it may be destroyed. If the animal has been running at large, or bites a person, or bites another animal, the Animal Control Officer or any police officer may order the owner to deliver the animal to the City or other predetermined location within 24 hours. The owner shall be ordered to appear in court to show just cause why this animal shall not be destroyed. If the owner of the animal fails to deliver the animal as ordered, the Animal Control Officer or any law enforcement officer shall use such means as is necessary to impound the animal.

Section 511

Kennel Standards

Minimum standards shall include the following: 1. Fencing materials shall not have openings with a diameter of more than two (2) inches, and in the case of a wooden fence the gaps shall not be more than two (2) inches. 2. Any gates within such pen or structure shall be lockable and of such design to prevent the entry of children or the escape of the animal. 3. The required pen or structure shall have a top and bottom with both secured to the sides. 4. The pen or structure shall protect the animal from the elements. 5. The pen or structure may be required to have double exterior walls to prevent the insertion of fingers, hands or other objects within reach of the animal. 6. A sign denoting a vicious animal shall be displayed on the kennel or enclosure and on a place visible from the sidewalk or road adjacent to the property where the animal is kept.

Section 513

Insurance

The owner shall carry a minimum of $100,000 liability insurance covering the medical and/or veterinary costs resulting from the vicious actions or any other damage the animal may do or cause to be done. Proof of such insurance shall be filed with the Animal Control Officer.

Section 515

Identification

The animal shall be permanently identified by injecting an identification microchip into the animal using standard veterinarian procedures and practices. The microchip number and the veterinarian who injected the microchip to be reported to animal control officer.

Section 517

Sterilization

The owner shall present proof the animal has been altered to prevent reproduction to the Animal Control Officer.

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Geddes Animal Ordinance st 1 Reading February 12,2007 nd 2 Reading March 12, 1007 Published March 15,2007

Section 519

Impounding

The vicious animal shall be impounded by the animal control officer or a law enforcement agency at the owner's expense until such time as all provisions of Article V are met.

Section 521

Euthanization

If the conditions outlined above are not complied with, the owner shall euthanize the animal in a humane manner. Proof of euthanasia shall be filed with the City Finance Office.

Section 523

Prosecution

The owner may be subject to prosecution for failure to comply. Animals impounded under this section shall be dealt with as provided herein.

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Geddes Animal Ordinance 151 Reading February 12,2007 2 nd Reading March 12, 1007 Pub] ished March 15, 2007

Article VI

Enforcement

Section 601

Authority

The animal control officer, any law enforcement officer, or other person of proper authority is hereby authorized and empowered to enforce all provisions of this Ordinance.

Section 603

Interference Prohibited

No person shall hinder, delay or obstruct any person in their ability to enforce the provisions of this Ordinance.

Section 329

Right of Entry

Any Animal Control Officer finding an animal or fowl mistreated as described in this section shall have the power to lawfully enter the premises where the animal is kept and demand to examine such animal and to take possession of such animal, when in his opinion, the animal requires humane treatment.

Section 607

Impounded Animals

Any impounded animal shall not be released by the animal control officer to any person until such animal has been immunized against rabies; provided no animal so impounded shall be immunized if the owner can present a certificate of current immunization having been previously performed. The owner of any animal impounded under the provisions of this Ordinance, if his identity and location can be obtained by reasonable means, shall be notified within twenty-four (24) hours that his animal has been impounded.

Section 609

Costs

1. Before any person may redeem any animal impounded under the provision of this Ordinance he shall pay to the person or proper authority an impoundment fee of twenty ($20.00) plus eight dollars ($8.00) per day or fraction thereof for dogs and cats, for feeding and caring of such animal. The person redeeming such impounded animal under the provisions of this Ordinance shall receive a dated receipt signed by the City Finance Officer or Animal Control Officer. The receipt for payment of impoundment and boarding costs must be presented to the person, association or corporation housing the impounded animal before such animal may be redeemed. 2. The owner of any impounded animal that has not been vaccinated or licensed under this Chapter, upon satisfactory proof of ownership, may redeem the animal by payment of the fees determined above. In addition, by making a deposit of twenty-five dollars ($25.00) the owner shall be allowed forty-eight (48) hours to get such animal vaccinated and properly licensed. If the owner fails to produce a certificate of vaccination and city license within forty-eight (48) hours, the deposit shall be forfeited and turned over to the City Finance Officer to be placed in the general fund and the animal may be impounded again. Upon representation within forty-eight (48) hours of a license issued under this Chapter, the deposit shall be refunded.

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Geddes Animal Ordinance 1sl Reading February 12,2007 nd 2 Reading March 12, 1007 Published March 15, 2007

3. If the owner of any impounded animal shall fail to redeem the animal within seventy-two (72) hours, excluding Sundays and holidays, unclaimed animals will become the property of the City or its authorized agents. Unclaimed animals may be put up for adoption or disposed of at the discretion of the City or its authorized agents.

Section 611

Impoundment, Relocation, or Destruction of Prohibited Animals

Upon expiration of the sunset provisions detailed within Section 107, any animal found in violation of this ordinance may be impounded and relocated or destroyed at the City Council's discretion. Prior to relocation or destruction the owner of record shall be notified of such actions a minimum of five (5) days prior to executing said action. Notice shall be served either in person or by mailing such notice by certified mai I.

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Geddes Animal Ordinance 1sl Reading February 12,2007 nd 2 Reading March 12, 1007 Published March 15, 2007

Article VII

Penalties and Conflict

Section 701

Penalties

Violation of this ordinance may result in the impoundment of the animals if so enabled by this ordinance and upon conviction thereof; the owner(s) of any animal may be punished in accordance with SDCL 9­ 19-3 as amended.

Section 703

Conflict

All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

17

CHAPTER 9

REGULATION AND LICENSING OF DOGS

ARTICLE I

DEFINITIONS

Sec. 1. Words when used in this chapter, unless the context otherwise plainly refers, 'shall have the following meaning: a. At Laroe means off or outside of the premises belonging to the owner or keeper of such dog and not under the control of such owner, possessor, or keeper, or the agent or servant or member of his immediate family, by means of a leash, cord or chain not to exceed ten (10) feet in length, provided that an unleashed dog off the owner's premises shall not be deemed to be at large if he is under the immediate control of the owner or his agent. b. City shall mean the governing body of the City of Geddes, South Dakota, or its duly appointed agent or representative. c. female.

Dog·means any member of the canine family, both male and

d. Leash means a cord, thong, or chain not more than ten (10) feet in length by which a dog is controlled by the person accompanying it. e. Owner means a person owning, keeping or harboring a dog; the occupant of any premises to which a dog customarily returns is presumed to be the owner. f. Premises means the dwelling house and outbuildings and the lot or tract of land on which the same are situated and shall include an automobile or other vehicle in which the owner of the dog shall be an occupant or of which he shall have control, or in which any dog shall be situated with the consent of the owner of the vehicle. g. Qualified person means any person granted a permit by the governing body of the city to vaccinate animals against rabies. h. Vaccination means the injection by a veterinarian or other qualified person of vaccine approved by, and administered in accordance with, the provisions of this chapter and the resolutions of the governing body of the city. i. Veterinarian means any licensed practitioner of

veterinary medicine licensed to practice such profession In the

state.

ARTICLE II

GENERAL PROVISIONS

Sec. 1.

Dogs to be vaccinated.

a. On or before July 1st of each year, every owner shall have his dog vaccinated against rabies, except that in all cases where any dog shall have been properly vaccinated with a type of yaccine accepted and approved by the usual and customary veterinarian practices and South Dakota law; the vaccination required by this section need not be repeated during the time for which the dog is effectively immunized as determined by the veterinarian or other qualified person granting a permit under this article. b. Any owner who has his dog vaccinated against rabies in another state or municipality by the proper authority therein shall not be required to have such dog revaccinated during the current year when brought into this municipality provided that the requirements of such state or municipality under which the vaccination was made were of a standard not lower than those required by this article, and further provided that such dog wears a tag affixed to his collar or harness bearing the date of such vaccination. Sec. 2.

Certificates and tags.

A veterinarian or qualified person who vaccinates the dog,

shall issue to the owner thereof a vaccination certificate. The

vaccination certificate shall be prepared and issued in

triplicate, one (1) copy to be retained by the issuing

veterinarian or other qualified person and one (1) copy to be

furnished to the city finance officer. Each certificate shall

bear the following information:

a. The name and address of the veterinarian or other qualified person who issued it; b. A statement containing a description, kind and name of the dog immunized; c. The type of vaccine used; d. The date of the vaccination; e. The date on which the period of effective immunization will expire; and f. A serial number. The veterinarian or qualified person shall also furnish each owner with a metal tag bearing the certificate number and the year of vaccination. Said tag shall be affixed to the collar or harness on the dog. No one except the owner or his duly authorized agent shall remove the collar or harness with the attached tag from the dog.

Sec. 3.

Quarantine.

Whenever the city or its health, officer has reason to believe that there is a danger that rabies may spread within the municipality, the city shall publish a notice requiring the owner of dogs, and other specified animals in the are designated, to confine the animals for a period of time as may be necessary to prevent the spread of rabies. The city or its health officer ~shall have the authority to quarantine for a period not to exceed ninety (90) days any animal bitten by another animal known or suspected to have rabies, and to quarantine for a period not to exceed thirty (30) days any animal which has bitten a human being or which exhibits symptoms of rabies. Whenever a dog dies with rabies or is destroyed because of its having been suspected of being rabid, the owner thereof, whether the dog has been previously quarantined or not, shall at his own expenses send the head of such dog to a proper laboratory for examination. Sec. 4.

Dog licenses.

Every household within the corporate limits of the city

owning or possessing a dog or dogs of the age of six months or

more shall pay the city finance officer an annual license fee as

follows:

a. $2.00 for each dog that is neutered or spayed. b. $5.00 for each dog that is not neutered or spayed. The above license fees shall July each year, and the city and upon sufficient proof of owner thereof a license tag. immediately attached to such reasonable permanent method. Sec. 5.

be paid on or before the first day of finance officer shall, upon payment the required vaccination, issue the Such license tag shall be dog by means of a collar or other

Running at large prohibited.

It shall be unlawful for the owner of any dog to permit it to be at large in the city. Sec. 6.

Impoundment; disposition.

a. Any dog found in the city in violation of any of the provisions of this Chapter shall be impounded by any police officer or the city or by any person appointed by the city as its agent and employee for that purpose, and placed in the city animal pound or other suitable place provided by the city for that purpose. The chief of police or any officer of the police department or the animal control officer appointed by the city shall, within twelve (12) hours following the impounding of such dog(s), notify the owner of the animal(s) of such impoundment. The aforesaid officers shall make all reasonable efforts to

ascertain the owner of the animal. If the owner of the animal is

unknown or cannot reasonably be ascertained, the animal shall be

immediately destroyed in the most humane manner possible.

b. After the owner of the animal impounded is notified as provided above, they shall have twenty-four (24) hours in which to claim the impounded animal, pay all charges and fees associated with the impoundment, license the animal if unlicensed, and provide proof of vaccination for rabies. However, any dog which ~has not been vaccinated for rabies or dangerous contagious diseases shall not be released, but shall be destroyed forthwith or otherwise held or disposed of according to the recommendations of a qualified veterinarian. c. The chief of police or any animal control officer appointed by the city shall collect the $35.00 for each dog impounded pursuant to the provisions of this Chapter. No dog shall be released to the owner or any person until all of the aforesaid charges and fees have been paid, until said dog has been duly registered and licensed as provided for by this Chapter, and until proof of vaccination for rabies has been provided. d. If any dog is not claimed by the owner within the time

frames set forth herein and all fees and costs setforth herein

paid within the time frames set forth above, the impounded dog

shall be destroyed in the most humane manner possible.

Sec. 7.

Right of entry in pursuit.

When, in the immediate pursuit of any dog found to be at large in the city, the city police officer or other person designated by the city to apprehend offending dogs, may enter upon the premises of the owner of such offending dog for the purpose of apprehending such dog. However, for the purposes of this section, the word "premises" shall not be construed to include the inside of any dwelling house or any out building. Sec. 8.

Enforcing officer.

An animal control officer appointed by the chief of police to enforce this Chapter shall be charged with the duty of apprehending any dog which is found to be at large in the city in violation of this Chapter. Sec. 9.

vicious dogs.

a. The phrase "vicious dogs" as used herein shall mean any dog which makes threatening actions or moves towards any person, barks or bears its teeth at people who may be in the vicinity of it, has bitten any person or attempted to bite any person or attacks or fights with another dog. The owner or keeper of a dog is charged with the duty to observe any manifestations of such propensity and it is no defense that the ownpr or keeper lacked 3~

specific knowledge of any previous occasions or incidents of the above behavior. b. Any dog which has engaged in the above conduct or behavior shall be deemed to be a vicious dog and the owner thereof shall be notified of such designation immediately by the City Finance Officer. Further, upon the city police, city attorney's office, or any city officer receiving information that a vicious dog exists or is located within the city limits, the dog shall be _taken into custody and the procedures for impoundment and disposition as set forth in Article II, Section 6 herein shall apply. Provided, however, that no action shall be taken against any vicious dog which is restrained as provided herein or which is located wholly on the property of the owner or keeper. c. The owner or keeper of a vicious dog as herein defined shall either have such dog on a leash sufficient to restrain and control the dog or shall otherwise physically confine and restrain such dog by means of an appropriate kennel or other similar structure. A violation hereof shall be punishable by a maximum fine of $200.00. d. Any vicious dog at large or not leashed or confined as provided above shall be forthwith destroyed by the city police the city animal control officer, or any person so authorized by the city police officer, without prior notice or any compensation to the owner or keeper thereof. ARTICLE III

RELEASE OF IMPOUNDED ANIMALS

Sec. 1. It shall be unlawful for any person to release impounded animals except as provided in this Chapter. A violation hereof shall be punishable by a maximum fine of $200.00 for each violation hereof.

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CHAPTER 10 OFFENSES AND MISCELLANEOUS PROVISIONS ARTICLE. I JUNKYARDS AND SECONDHAND DEALERS Sec. 1.

Junkyards.

No building, place or lot where junk, junked automobiles or _farm machinery, or parts thereof, or other worn-out machinery of any kind are bought, sold or stored, shall be used, established or maintained within the city without special permission having been granted for such purposes or uses by the city council. Sec. 2.

Parking of machinery and vehicles.

It shall be unlawful for any person to park upon any street, parkway, alley or public place between the lot line and middle of the street within the city any vehicle or machinery kept for sale or repair for a continuous period exceeding twenty-four (24) hours. Sec. 3. a.

Secondhand Stores and Junk Dealers. Records. All junk dealers, keepers of secondhand stores and dealers in secondhand goods within the city are hereby required to keep a book in a form to be approved by the city, open to the inspection of the public, in which shall be entered by such dealers or keepers the name and address of each and every person of whom any article is purchased or pawned and the price paid for the same or the amount loaned on the same, a brief description of the goods purchased or pawned and the date of such transaction. ARTICLE II LITTERING

Sec. 1.

Prohibited.

No Person shall dump, deposit, release, drop throw, discard, leave, cause or permit the dumping, depositing, releasing, dropping, throwing, discarding, or leaving of litter upon any public or private property within the city boundaries unless: a.

The property has been designated by the owner or the city as a disposal for such litter; or

b.

The litter is placed into a receptacle or other container intended by the owner or tenant in possession for the deposit of litter; or

c. Sec. 2.

The person is acting under the direction of a proper public official. Defined.

Litter is defined as any discarded, used or unconsumed substance or waste, including but not limited to any paper, cans, _bottles, metal, glass, plastic, lawn or garden waste, garbage, trash, refuse, debris, rubbish, furniture, pertoleum product, carcass of a dead animal, or any unsightly, offensive, or unsanitary thing, object, matter or material, regardless of size or construction. ARTICLE III

FIRES AND BURNING PROHIBITED

Sec. 1.

Permitted.

It shall not be unlawful for any person to intentionally

burn, set fire to, or otherwise incinerate any refuse, trees,

limbs, leaves or any other substance within the city limits so

long as same is conducted in a safe and cautious fashion.

ARTICLE IV

DESTRUCTION OF OR INTERFERENCE WITH PROPERTY

Sec. 1.

Damage to public property.

It shall be unlawful for any person to intentionally injure,

damage, or destroy public property without the lawful consent of

the city of Geddes.

Sec. 2.

Warning signs.

It shall be unlawful for any person to move or interfere with, break, destroy, carry away, or in any manner molest any barricade, warning sign, lantern, torch or flare used by any person in guarding any unsafe or dangerous place. Further, it shall be unlawful for any person to interfere with or obstruct any person in carrying out in a lawful manner any contract entered into with the city for any improvement or public work. Sec. 3.

Trespass on property.

It shall be unlawful for any person to willfully or

maliciously climb any water tower, telegraph, telephone or

electric light pole or post, or in any manner interfere with or

injure, damage or break any fixture, apparatus, or pipe used in

connection with and being a part of any telephone, telegraph,

electric, water or sewer system in the city.

Sec. 4.

Intentional damage to private property.

It shall be unlawful for any person to intentionally injure, damage or destroy private property in which other persons have an interest without the consent of the other person. ARTICLE V

FIREARMS/FIREWORKS

Sec. 1.

Discharge of firearms.

It shall be unlawful for any person, other than a law enforcement officer in the performance of his duties, to discharge or shoot off any gun, pistol, air gun, or other firearm within the limits of the city, or in any public park belonging to said city, provided that this section shall not apply to shooting galleries regularly licensed by the city. Sec. 2.

Fireworks.

It shall be unlawful for any person to shoot, discharge, explode, or cause to be shot, discharged or exploded, any fireworks within the city of Geddes except during the dates and hours which are set by the city by a resolution duly adopted and passed. Sec. 3.

Motor vehicles.

It shall be unlawful for the operator of any motor vehicle, whether moving or at rest, to allow or permit any person in such vehicle to shoot, discharge,- or explode any fireworks or other explosive devices at any time within the city of Geddes. Lack of knowledge of any passengers intent to shoot, discharge, or explode such fireworks or explosive devises shall not be a defense or otherwise excuse the operator for any violations hereof. Sec. 4.

Trespass.

It shall be unlawful for any person to shoot, discharge, or explode any fireworks or explosives on any private property not owned or leased by him or his immediate family members. Sec. 5.

Liability.

Nothing herein shall operate so as to hold the city liable for any injury or damage resulting, directly or indirectly, from any person shooting, discharging, or exploding fireworks or other explosive devices in the city; such persons assume all the risk and liability attendant to such activity.

ARTICLE VI

NUISANCES

Sec. 1.

Generally.

It shall be unlawful for any person, company or corporation to keep or maintain or permit upon their property or property under their control or upon any public property within the City ~ny nuisance at common or statutory law. Sec. 2.

Abandoned or Junked Vehicles and Property. a.

Definitions. For the purpose of this article, the following terms shall mean: 1) Motor vehicle is any vehicle which is self-propelled and designed to travel along the ground and shall include, but not be limited to, automobiles, buses, motorbikes, motorcycles, motorscooters, trucks, tractors, farm machinery, construction equipment, go-carts, campers and trailers. 2) Junked motor vehicle is any motor vehicle as defined in this section, the condition of which is wrecked, dismantled, partially dismantled, inoperative, abandoned or discarded.

b.

Storing, parking or leaving dismantled or other such motor vehicle prohibited; declared nuisance; exception. No person shall park, store, leave or permit the parking, storing or leaving of any motor vehicle of any kind which is in an abandoned, wrecked, dismantled, inoperative, rusted, junked or partially dismantled condition, whether attended or not, upon any private property within the City for a period of time in excess of two (2) weeks. The presence of such vehicle or parts thereof on private property is hereby declared a public nuisance which may be abated as such in accordance with the ·provisions of this article. This article shall not apply to any vehicle enclosed within a building on private property or to any vehicle held in connection with a business enterprise, lawfully licensed by the City and properly operated in the appropriate business zone, pursuant to the zoning laws of the City, or to any motor vehicle in operable condition specifically adapted or designed for operation on drag strips or raceways, or any vehicle retained by the owner for antique collection purposes which has affixed thereto a special license place for

4·~

historical cars as provided in SDCL 32-5-77 and other applicable statutes of South Dakota law. c.

Notice to remove. Whenever it comes to the attention of the city or any of its agents that any nuisance as defined in this section exists in the City of Geddes, a notice in writing shall be served upon the occupant of the land where the nuisance exists, or in case there is no such occupant, then upon the owner of the property or his agent, notifying them of the existence of the nuisance and requesting its removal in the time specified in this section. In the event neither the owner or occupant of the property can be located, such notice as required herein shall be posted in a conspicuous place on the property.

d.

Responsibility for removal. Upon notice as provided herein and opportunity to be heard, the owner of the abandoned, wrecked, dismantled or inoperative vehicle and the owner or occupant of the private property on which the same is located, either or all of them, shall be responsible for its removal. In the event of removal and disposition by the City, the owner, or occupant shall be liable for the expenses incurred.

e.

Notice procedure. The city or its representative shall give notice of removal as provided in subsection c. above at least fourteen (14) days before the time of compliance. It shall constitute sufficient notice when a copy of same is posted in a conspicuous place upon the junked motor vehicle or upon the private property on which the vehicle is located and duplicate copies are sent by registered mail to the owner or occupant of the private property at his last known address. If the owner or occupant of the private property where the junked vehicle is located cannot be determined, placing of the notice on the junked vehicle shall be considered sufficient notice for the purpose of this section.

f.

~ontents

g.

Hearing. If the offending owner or occupant shall

fail to comply with the notice to remove property as

of notice. The notice shall contain the request for removal within the time specified in this section, and the notice shall advise that upon failure to comply with the notice to remove, the City or its designee shall commence proceedings to compel the removal of the property such removal with the cost of removal to be levied against the owner or occupant of the property.

provided above, the city shall make application to a court of competent jurisdiction to secure the necessary order to remove the offending property subject of the above proceedings.

Sec. 3.

h.

Notice of impoundment. within forty-eight (48) hours of the removal of such vehicle, the police department shall give notice to the registered owner of the vehicle, if known, and also to the owner or occupant of the private property from which the vehicle was removed, that said vehicle has been impounded and stored for violation of this section. The notice shall give the location of where the vehicle is stored and the cost incurred by the City for removal.

i.

Disposition of impounded vehicle. Upon removing the vehicle under the provisions herein, the City shall be entitled to dispose of such vehicle as provided by SDCL Chapter 32-30 and any other applicable South Dakota statutes. The proceeds of any such disposal shall first be applied to the costs incurred in the removal of the vehicle with the balance to be deposited to the credit of the general fund of the City.

Abandoned Property.

a.

Property abandoned in streets or public places, or on private property after complaint, prohibited; deemed nuisance. No person shall abandon, leave or place in any street, alley or public place in the City any property of any kind; and no person shall permit any property of any kind so abandoned, left or placed to be or remain for more than twenty-four (24) hours in any street, alley or public place in the City, adjacent to or in the vicinity of his property or residence without reporting the same; and any property heretofore and hereafter so abandoned, left or placed by any person on any private property of which report or complaint may have reached any department of the City is declared to be a public nuisance and an obstruction and menace to the public welfare, comfort, and safety and health.

b.

Removal and abatement. The city or its agent shall see to the removal of any property abandoned or left or placed in any street, alley or public place in the City in violation of this section as soon as is reasonably possible after he shall have received a report of its presence.

c.

Expense made lien. It shall be the duty of the police department to take possession of any property abandoned, /

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left or placed on any public or private property in violation of this section, and if the same is believed to have any value, to keep it and make an attempt to find the owner thereof, and to retain any such article heretofore so taken by it. It shall be the duty of such department to maintain a place for the keeping of any such article until the same shall be claimed or otherwise disposed of, and the City shall have a lien therefor for the reasonable expense incurred or value and cost of the time and effort necessary in taking, removing or storing such article, and for the value of the storage and keeping thereof, and may retain possession until any and all such liens are paid and discharged. d.

Sec. 4.

Sale and disposition. If any such article of property has been or is kept for ninety (90) days or more without being claimed, the same may be disposed of by any department. If of no value, or slight value, it may be destroyed. If the same shall be of slight value but of use to the City it may be turned over to the proper department and used until claimed, and the charges thereby made a lien thereon shall be regarded as a sufficient offset to the value of any such use. If such property shall be of more than slight value it shall be sold by the department ten (10) days after notice of such sale has been given by one publication in a legal newspaper published in the City, and the City may be a bidder at such sale. If on such sale an amount is bid in excess of the charges or lien of the City, such excess shall be deposited to the credit of the general fund of the City. Debris on Public or Private Property.

a.

"Debris" as the term is herein used shall mean any trash, refuse, waste, or dysfuntional article, item, or structure, and any fragments, parts, or scattered remains of something destroyed or damaged, whether of an organic or inorganic nature.

b.

Debris, whether located on public or private property within the City of Geddes, is hereby deemed to be a hazard to health, welfare, and well-being of the public and therefore is hereby declared to be a public nuisance.

c.

No person shall allow, permit, or maintain any debris on his or her property within the City of Geddes. Both owner and occupant shall be equally responsible and punishable for any violation hereof.

d.

Any person in violation of this section shall be notified

in writing by the City finance officer that he or she is permitting, allowing, or maintaining a nuisance upon real property described in said notice and that unless abated within fourteen (14) days from the date of such notice, the City shall abate same and recover the cost thereof from such person. e.

Any person accused of a violation of this section may contest such violation by demanding in writing a hearing before the Circuit Court Magistrate prior to the expiration of the compliance period. The notice in paragraph d. of this section shall generally advise any accused person that he or she has the right to such hearing.

f.

Notice is sufficient if same is served personally, sent by certified mail to the last known address of the owner and occupant, if any. If the owner cannot be located by personal service or by mailing, then posting such notice conspicuously on the property upon which the debris is situated shall be sufficient notice.

g.

If no hearing is demanded, or if so ordered by the aforesaid court, the person in violation hereof fails to abate the nuisance within the time set for compliance, the City shall remove or cause the abatement thereof and shall have a lien against the real property upon which the nuisance is situated for all costs, expenses, and fees related to such abatement.

Sec. 5.

Noxious Weeds, Unhealthful Vegetation Deemed Nuisances.

a.

The following named weeds and vegetation shall be deemed noxious, dangerous and unhealthful and are hereby declared to be nuisances: ragweed, pigweed, nettle, all thistles, sunflower, cheatgrass, field bindweed (creeping jenny), foxtail (pigeon grass), and dandelions; further, all neglected grasses or vegetation of any description which shall be allowed to grow to such a length so as to harbor rodents, insects, or reptiles are hereby deemed and declared to be nuisances.

b.

It shall be the duty of the occupant, person in charge or owner of any lot in the City to keep such lot free from the aforesaid weeds and vegetation and to cut or treat same at such time as may be necessary to prevent their growth or spread.

c.

The City shall, at the beginning of or during the growing season by public notice to each occupant, person in charge, or owner of any lot, require all such weeds and

vegetation upon a lot to be cut and removed within five (5) days after giving such notice. Such notice need not be given personally but maY,be given generally by one publication in the official newspaper. The notice shall provide that each occupant, person in charge, or owner of any lot shall cut and keep cut at all times during the growing season all nuisance weeds and vegetation, and shall further provide that in case of failure to so cut such weeds and vegetation, the City will cause the same to be cut and assess the cost thereof as a lien against the property benefited. One such notice shall be sufficient for each growing season. d.

Sec. 6.

The occupant, person in charge, or owner shall, within five (5) days after the publication of such notice and at all times subsequent thereto during the growing season as may be necessary, cut and keep cut all such weeds and vegetation. Enforcement.

a.

Any act or omission made unlawful or prohibited by sections number 4 and 5 of this article shall be punishable as set forth in this Chapter as a separate offense not withstanding the fact that the person in violation thereof shall be subject to abatement proceedings as provided herein.

b.

Each day said nuisance remains unabated, whether or not notice to abate has been given, shall constitute a separate offense punishable as provided in this Chapter.

c.

Any lien against real property authorized by the foregoing provisions shall be collectible as a special assessment as provided in SDCL Chapter 9-43, and all acts amendatory thereto.

d.

As an alternative to collection by special assessment as provided above, the City may bring an action for the recovery of its costs, fees, expenses, and disbursements in abating the nuisance against the owner or owners of the affected real property in any court competent to hear the matter and thereby obtain a judgment and jUdgment lien therefor. This remedy shall be construed as an alternative and additional remedy and not required of the City as a condition of levying a special assessment.

ARTICLE X

PENALTIES AND PUNISHMENT

Sec. 1.

Punishment.

Any violation of the provisions of this Chapter shall be punishable by a fine not to exceed $200.00 for each separate offense. Further, such fine shall be in addition to and not in lieu of any other, further, additional, or different remedies available to the city pursuant to these ordinances.

CH8~PTER 11

STREETS AND SIDEWALKS

ARTICLE I

IN GENERAL

Sec. 1.

City engineer.

The services of a city engineer shall be secured on a contract basis as needed. Th duties of the city engineer shall be as necessary with regard to the preparing of all plans and specifications for and supervision over all contract work undertaken by the city, unless otherwise provided by the council, and such other duties as may be assigned to him by the council. Sec. 2.

Plats incorporated by reference.

Those plats indicating the names of streets and avenues of the city, now on file in the office of the Register of Deeds of Charles Mix County, and in the office of the engineer of the city are hereby incorporated by reference. Sec. 3.

Official map.

The official map or maps of the city shall be those maintained in the city office. Sec. 4.

Names of the streets and avenues.

The official names of the streets and avenues in the city shall be those as shown on the city map. The names of the streets and avenues may, from time to time, be changed by a resolution duly adopted by the city. Sec. 5.

Street and alley grades.

The grades of the streets and alleys in the city as shown on the street and alley profiles on file in the office of the city are hereby established and designated as the official grades of the streets and alleys of the city and the profiles on file as aforesaid in the city office are incorporated herein by reference and adopted as the official record of grades of streets and alleys in the city. Sec. 6.

Roadway widths.

The width of the roadways between curb lines for vehicular traffic on the various streets and avenues in the city are hereby fixed and established in accordance with the official record of

"he width of roadways in said city on file in the city office and hereby adopted as the official record of the width of roadway in the city. ~re

Sec. 7.

Paving, grading and curbing.

The paving, grading and curbing of the streets and alleys shall be done under the direction of the city or its representative. Such public improvements shall be done in accordance with the plans and specifications on file in the city office. Sec. 8.

Installments on assessment.

Whenever the council shall cause to be improved any street, alley, public way, sidewalk, curb and gutter, sewer, water main or ground, the cost of which is to be paid by special assessment abutting property, the council may divide such special assessment into any number of equal annual installments, not exceeding ten. Interest on deferred installments shall be at a rate not to exceed eight per cent per annum; provided that if the council shall determine to divide such special assessment. into installments, the resolution declaring the necessity four such improvement shall state that the special assessment therefor will be payable in equal annual installments and the number thereof. ARTICLE II

OBSTRUCTIONS

Sec. 1. Obstruction of city streets, avenues, alleyways, and intersections thereof, shall be prohibit except as follows: (a)

No person shall leave or keep on any public street, road, sidewalk or other public ground in said city any wagon, bicycle, automobile, truck or other, vehicle, which may in any way obstruct or interfere with the free use thereof or in such a manner as to leave available less than twelve (12) feet in width of the traveled part of any street or road. No vehicle shall be parked in any alley, except for the purpose of loading, unloading, receiving or delivering and in such case the vehicle shall be parked so as not to obstruct or interfere with the free use thereof or in such a manner as to leave available less than twelve (12) feet in width of the traveled part thereof. No person shall permit weeds, bushes, or other trees or vegetation to grow to such a height so as to block the view in any direction of any intersection. The City is hereby authorized to remove any unlawful obstruction of the streets, avenues, alleys, or intersections.

(b)

Building material: The city Finance Officer is authorized to grant permission to any person to deposit and keep lumber, stone, brick or, building material in any street, road or alley adjacent to the lot or premises upon which any building is to be constructed or repaired.

Provided that such permission shall not be granted for a longer period than six (6) months and shall not permit or excuse the obstruction or occupancy of more than one-third (1/3) in width of the roadway, or the placing of such material in such a way as to impede or interfere with the free flow of water. Provided, further, that every such person to whom such permission may be granted, shall cause all such material and the rubbish or refuse resulting therefrom to be removed from such roadway at the expiration of the time limited in the permit. No permit for any such projection or portion of any such building which shall be of a permanent nature, except awnings capable of being raised and lowered, shall be issued unless the owner shall have first submitted to the governing body, for its approval, detailed plans and specifications prepared by a registered architect, and no such projection or portion of any such building· shall be approved unless the same shall be made of fire resistant material and so constructed as to constitute no hazard to person or property. Sec. 2.

Snow and ice.

(a)

Declared a nuisance: Any accumulation of snow or ice upon any of the public sidewalks in the city which obstructs, impedes or in any manner interferes with the free and unobstructed use thereof by pedestrians is hereby declared to be a nuisance.

(b)

Removal of snow, duty of owner, notice, assessment. It shall be the duty of the owner or occupant of any premises abutting on any sidewalk to keep such sidewalk free from snow or ice. He shall cause to be removed, within twenty-four (24) hours after any fall of snow, the snow from so much thereof as adjoins the premises owned or occupied by him. When it is impossible to take the snow or ice from said walk by reason of its being frozen thereto, he shall sprinkle or spread some suitable material upon the same to prevent the walk from becoming slippery and dangerous to travel.

If the owner, or, occupant of said premises fails or refuses to remove the snow or ice from such sidewalks, within the time limit above provided, it shall be the duty of the street department to have such snow or ice removed and to charge against

the abutting property for each time the snow is removed the actual expense incurred by the city on account of the removal of said snow or ice. The city Finance Officer shall cause an account to be kept against each lot for the snow or ice so removed from such sidewalk each year, and the same shall be collected from the responsible party by assessment as provided by South Dakota law or by bringing an action at law to secure a judgment against the responsible party.

(c)

Sec. 3.

Failure to remove, liability of owner: Any owner of such real property who shall fail to remove the snow or ice from the sidewalks in front of or along such property if he resides thereon, or if he does not reside thereon, to move the same forthwith when notified, shall be held liable to the municipality for any damage caused by such failure or neglect. Eave pipes.

No person shall place or maintain any pipe leading from the eaves of any building in such position that the water discharged thereby flows upon or over any public sidewalk.

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CHAPTER 12

CITY OFFICIALS AND EMPLOYEES

ARTICLE I

OFFICERS F~D EMPLOYEES

Sec. 1.

Offices Created.

The following offices are hereby created for the city: mayor; alderman (6); city finance officer; attorney; and police officer. Sec. 2.

Elective offices,

terms, city council.

The term of office for the mayor and each of the six (6) aldermen shall be a period of two (2) years. Such elected officers shall form the members of the city council; each member having one vote on any matter brought before such council, except that the mayor shall have no vote except in case of a tie. Sec. 3.

Acting mayor.

The members of the city council at the first meeting of the calendar year shall elect a president and vice president of the council. The president shall have the authority to act in the absence of the mayor when city business, whether regular or special in nature, shall reasonably require such action. In the absence of the mayor and president, the vice president shall have the above authority. Sec. 4.

Appointive offices - terms.

All offices herein created, but not designated elective offices, shall be appointive offices. All appointments shall be made by the mayor with the approval of the council. Sec. 5.

Oath.

All officers, whether elected or appointed, shall assume office upon, (1) swearing the constitutional oath administered by the existing city attorney or finance officer, (2) filing such oath with the city finance of ficer, and (3) giv ing such bond as is herein required. Sec. 6.

Bond.

The city officers shall give bonds in the amounts as required by the city council.

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Sec. 7.

Duties of Appointive Officers.

(a)

The duties of the city finance officer shall be such as are prescribed by state law relating to city auditors and treasurers and other provisions of this code.

(b)

The city attorney shall attend all meetings of the city council unless excused by the mayor or acting mayor, and shall at all times give such legal advice to the councilor any individual city officer as may be required of him for the benefit of the city, and shall perform other duties as are prescribed by the laws of the State and other provisions of this code.

(d)

The duties of the police officer shall be such as are prescribed by the laws of the State and this code for the preservation of the peace and order of the city and such other duties as shall be required of him by the city council.

Sec. 8.

Vacating officers required to turn over property.

Any person having been in officer of the city shall, upon the expiration of his term of office or upon his removal from office, deliver to his successor in office, or to whomsoever the council may direct, all property, books and effects of every description in his possession, belonging to the city or pertaining in any way to said office. ARTICLE II CITY EMPLOYEES Sec. 1.

City Employee Defined.

City employees shall be governed by the councilor its designated representatives by oral or written directives. Sec. 2.

Compensation of City Officers and Employees.

All city officials shall be compensated by an amount agreed upon between such officers and the city council on an individual basis. Sec. 3.

Removal: officers and employees.

The mayor, councilmen, officers and employees of the city shall be removed from office in accordance with the procedures set forth by South Dakota law and the governing case law.

ARTICLE III

COUNCIL MEETINGS

Sec.

1.

Time and

Place.

The regular meeting of the council, unless otherwise called, shall be in the city hall in the city of Geddes at 7:30 P.M. on the second Monday of every month. When the regular meeting falls on a legal holiday, then regular meeting shall be held on the following day. Sec. 2.

Special Meetings; call and notice.

Special meetings of the council may be called at any time by the mayor, or in his absence, by the acting mayor ,or in his absence, by the finance officer upon the written request of three (3) council members of the council. When a special meeting is called, the call shall be made by the finance officer either by telephone, by conveying the notice in person orally or in writing, stating the time, place and object of the meeting. Sec. 3. etc.

Meeting open to public; interference with meetings,

All meetings of the council, shall be open to the public, but council shall participate in the council without permission to do Sec. 4.

whether regular or special, no person not a member of the deliberation or address the so.

Rules of business.

(a)

Quor'lffi. A quorum for number may attendance

majority of the council shall constitute a the transaction of business, but a smaller adjourn from time to time and may compel the of absent members.

(b)

Voting. Each member of the council who shall be present when any question is submitted shall be taken upon all questions and enter upon the journal.

(c)

Majority vote. A concurrence of a majority of the members voting shall be necessary to take effective action by the members voting shall be necessary to take effective action by the council; provided, however, that it shall require the affirmative vote of a majority of the members-elect to pass any ordinance or to adopt any resolution providing for any local improvement or the sale of any real estate belonging to the city.

(d)

Sec. 5.

Rules of Order. Except where otherwise provided by provisions of the state law and this article, meetings will be conducted under commonly accepted rules of procedure with the mayor directing the meeting and deciding procedure disputes. Procedural decisions of the mayor may be overridden by a majority vote of the members of the council present. Order of business.

At all regular meetings after the same have been called to order, the business of the meetings shall be considered in the following order: ( 2. )

Noting the attendance of council person and others.

(2 )

Correction and approval of the minutes of the last preceding regular meeting, or of such special meeting or meetings as have intervened. The finance officer shall send each council person a copy of the minutes from previous meetings prior to the next regular meeting which shall constitute the reading of the minutes. No additional reading of the minutes shall occur unless required by a council person to correct said minutes. ':, -,

(3)

Public hearings.

(4 )

Old business.

(5)

New business.

( 6)

Visitors.

(7 )

Items not submitted for the agenda.

(8 )

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ourn.

Provided, however, that this section may be temporarily suspended at any meeting by the affirmative vote of two-thirds of the councilmen present. Sec. 6.

Minutes.

The city finance officer shall insure that true and correct minutes of each meetings, whether, regular or special, shall be made and ~aintained. Such minutes shall generally reflect the business transacted at such meetings and the council's determination of all issues properly brQught to its attention. A copy of the meeting minutes from each meeting shall be sent to

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each council person prior to the next regular meeting. The mailing of the minutes to each council person shall be in lieu of reading the minutes verbatim at the time of the council meeting. A formal reading of the minutes shall occur to correct an error in the minutes or for such other purposes specifically designated by a council member or the council as 'a whole. ARTICLE IV

ACCOUNTING AND DISPOSITION.

Sec.

1.

Accounting.

The city finance officer shall keep full, true and just accounts of all the city financial affairs and property of the city. He shall keep such funds and accounts as may be necessary to show at all times the exact condition of the financial affairs of the city and of each branch of the financial affairs of the city and of each branch of the public service, and, for this purpose the finance officer shall keep those funds and accounts as directed by the councilor required by law. ARTICLE VI

DEPARTMENTS

Sec.

1.

Departments created.

The following permanent departments are hereby created: Water Department, Sewer Department, Street and Alleys Department, Parks and Recreation Department, Employees and Law Enforcement Department, and Budget and Insurance Department. Sec. 3.

Department Commissioner.

Each city department shall be supervised by a commissioner appointed by the Mayor and approved by the council. Such commissioner shall prohibit the Mayor from appointing one member of the council to serve as commissioner of more than one department; nor shall the Mayor be prevented from serving as a commissioner himself. However, all appointments by the mayor must be confirmed by a majority vote by the city council. Sec. 4.

Powers.

The commissioner of each department shall have broad discretionary powers as a supervisor and administrator of his respective department. However, any and all acts by such commissioner shall be subject to review by the city council. Such commissioner shall directly supervise each and all employees employed in his department and shall have the power to commence discharge proceedings by recommendation to the council. Each

5

commissioner is hereby empowered to promulgate departmental policy and regulations subject to confirmation by the city council. Any and all records of the department shall be joint responsibility of the appropriate commissioner and the city finance officer. Sec. 5.

Limitations.

No commissioner shall have the power to bind the city by contract or otherwise or to'represent the city or city council in any matter unless specifically authorized to do so by this code or by resolution of the common council. Any such authorization shall be in writing and shall be recorded in the council meeting minutes. Nothing herein shall prohibit the city council from ratifying such ultra vires acts of any commissioner if it deems such ratification necessary and proper. Such ratification must likewise appear in writing and be recorded in the council meetings minutes. Sec. 6.

Removal.

Any commissioner may be removed for good cause from his position as commissioner by the Mayor with the approval of a majority of the remaining city council members. Nothing herein shall be constructed to allow the Mayor to remove such commissioner from his elected office as alderman. Sec. 7.

Police Department - Chain of Command.

The Chief of Police shall be initially accountable to the Employee and Law Enforcement Commissioner, penultimately accountable to the Mayor, and ultimately accountable to the council. Any deviation from the instructions or requirements of said Commissioner ordered by the Mayor shall be in writing. The City Council, by majority vote, may promulgate such policy as it may believe necessary and proper. Nothing herein shall prevent or discourage the Chief of Police or any policeman from seeking redress of grievances by application to the city council. ARTICLE VII

BOARDS

Sec. 1.

Authorization.

The city council is hereby authorized to establish by ordinance such boards, commissions, offices, or positions as it may deem necessary, proper, and in the best of interest of the city. Such enabling ordinances shall state the general purposes

for which the board, commission, office, or position is established. ARTICLE VIII

FINANCES.

Sec. 1.

Annual Budget.

There shall be adopted an annual budget during the month of September of each year. The city finance officer shall, with the assistance of the Mayor and council, present a proposed budget for the ensuring year to the governing body at the regular August meeting and cause the recordation of the same in the minutes thereof and then publish same in the official city newspaper.

CHAPTER 13

ELECTIONS

Sec. 1.

City divided into three wards.

The city is hereby divided. into three (3) wards. shall be designated as Ward I, Ward II, and Ward III. Sec. 2.

Boundaries.

The boundaries of such wards shown on the official Ward map of in the office of the city finance hereof and incorporated herein by Sec. 3.

They

so established shall be as the City of Geddes now on file officer which is made a part this reference.

Voting place.

There shall be one location for voting within the City of Geddes; such location shall serve all the wards within the City of Geddes. Sec. 4.

Designation and Notice of Voting Place.

The City governing body shall by resolution select and designate the location of the poll for each municipal election. Notice of the election and the place of polling shall be given by publication thereof once each week for two (2) successive weeks, the first publication shall be not less than ten (10) days prior to such elections Such notice shall be published in the official newspaper of the City.

ORDINANCE NO. - - AN ORDINANCE AMENDING THE CITY GARBAGE AND TRASH ORDINANCE OF THE CITY OF GEDDES, SOUTH DAKOTA Be it ordained by the City Council of the City of Geddes, South Dakota that Chapter 14 of the Garbage and Trash Ordinance of the City of Geddes, South Dakota be amended as outlined below: WHEREAS, it is in the public interest for the City of Geddes to delete Article II, Section 1 Garbage Pickup and Collection and Article IV, Section 2, Fees of said ordinance. NOW THEREFORE BE IT RESOLVED that the Geddes City Council hereby adopts an ordinance Amending the Garbage and Trash Ordinance of the City of Geddes, South Dakota by deleting Article II, Section 1, Garbage Pickup and Collection and Article IV, Section 2, Fees of the Garbage and Trash Ordinance of the City of Geddes, South Dakota. Dated at Geddes, South Dakota this _ _ day of

, 2006.

By: _ Darwin Iedema, Mayor of Geddes

ATTEST: - - - - - - - - - - - Pat Brotherson, Finance Officer First Reading: Second Reading: Approval: Published:

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_ _ _ _ _ _, 2006 _ _ _ _ _ _, 2006

CHAPTER 14

GARBAGE AND TRASH

ARTICLE I

GENERAL PROVISIONS

Sec. 1.

Definitions

For the purposes of this chapter, the following definitions shall apply, unless the context clearly indicates otherwise: Rubble site shall mean the area designated by the city as the location for disposal of materials other than household/commercial garbage and hazardous substances. Commercial garbage collector or contract garbage hauler means any person who hauls or transports for other persons or another person any garbage or rubbish through or upon the streets or alleys of this city for a consideration or a fee. Waste when standing alone shall be construed to include all the categories of waste set forth in Sec. 2. Sec. 2.

Categories of Solid Waste

Household\Commercial garbage means printed matter, paper woodenware, paperboard, boxes, rags, boots, shoes, clothing, hats, and every accumulation of animal, vegetable, or other matter that attends the preparation, consumption, decay, dealing in or storage of meats, fish, fowl, birds, fruits or vegetables, including the cans, containers or wrappers wasted along with such materials, etc. Bulk\Construction waste means concrete, uncontaminated fill dirt, bricks, rocks, concrete block, shingles, furnituEe and mattresses etc. Wood waste means scrap lumber, untreated wood, trees and tree branches, wood shavings, sawdust etc. Metal waste means scrap metal and white goods such as refrigerators, washers, dryers, freezers and water heaters from which any and all freon or other CFC matter have been properly removed and disposed of by a duly licensed individual, etc. Yard waste means leaves, grass clippings, trimmings from scrubs and straw, etc.

6(J­

Hazardous waste means any matter defined as such by federal or state law! rules or regulations. Sec. 3.

Deposits during hours of operation.

It shall be unlawful for any person to deposit or cause to be deposited any waste materials at the rubble site at any time after closing hours as posted at the entrance to the rubble site. Sec. 4.

Removal prohibited'.

Is shall be unlawful for any person to remove or cause to be removed from the rubble site of this city any article or material of any kind after the same has been deposited there. The city reserves the right to enter into a contract with a person or persons for the right of scavenging at the rubble site. Sec. 5.

Household\Commercial Garbage; Containers required.

The occupant of every dwelling! house or apartment and of every place of business shall provide a suitable watertight metallic or plastic can or container which shall not exceed forty (40) gallons in capacity! in which the occupants shall cause to be deposited all household\commercial garbage accumulating upon the premises! which garbage containers shall be kept in a location accessible to the garbage collector, and which shall not be filled so as to make such container unreasonable heavy or difficult to empty by the garbage collector. "Accessible" as used herein shall mean such container shall be situated within six (6) feet from the alley! curb, or roadway edge of the City garbage route nearest such dwelling! house! apartment! business or building. If serviced by a commercial hauler with a mechanical lift larger containers shall be permissible. Garbage cans shall be provided with tightly fitting covers! which shall not be removed except when necessary. The vicinity of garbage cans shall be dept free from garbage and other organic matter that attract flies or vermin. Sec. 6.

Disposal of Bulk\Construction! Wood! Metal and Yard

Wastes.

The owner, occupant or person in control of every dwelling, house or apartment and of every place of business shall transport and dispose of all Bulk\Construction Waste, Wood Waste, Metal Waste! or Yard Waste generated by the occupant, the owner or the premises! or otherwise accumulating on the premises as provided herein.

Sec. 7.

Council to designate rubble site; dumping elsewhere prohibited.

The council shall designate an area to be known as the rubble site, which area shall be for the depositing of all substances except as prohibit above. Dumping of materials of any nature or sort except as permitted by this ordinance is prohibited. Sec. 8.

Rates for sanitary'landfill; authorized dumping.

(a)

The following rates are hereby established for persons who use the rubble site:

(1)

All residents of the city who reside within the municipal boundaries

No charge

(2)

All construction work on property located within the municipal boundaries $20.00/truck & $12.00/pickup

(3)

Any person who does not reside within the city but is on the city's water supply system $20.00/truck & $12.00/pickup

No individual, person or entity that is not described or identified in the Section 8 above s~all be permitted to dispose of materials in the rubble site under any circumstances. ARTICLE II COLLECTION Sec. 1.

Garbage pick-up and collection.

The city shall by contract provide garbage pick-up and collection for all persons and business located within the municipal boundaries' of the city. Any person, entity or company that is connected to the city water and/or sewer system shall be required to utilize the city garbage services and pay the charges therefor.

STORF~GE

Sec. 1.

ARTICLE III ON PRIVATE PROPERTY

Waste on occupied private property.

No person shall throw or deposit waste on any occupied private property within the city, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacle(s) for

collection in such manner that waste will be prevented from being carried or deposited by the elements upon any street, sidewalk, or other public place or upon any private property. Sec. 2.

Owner to maintain premises free of waste.

The owner or person in control of any private property shall at all times maintain the premises free of waste. Provided, however, that this section shall not prohibit the storage of waste in authorized private receptacle(s) for collection or transportation to the Solid Waste Facility. Sec. 3.

Waste on vacant lots.

No person shall throw or deposit waste on any open or vacant private property within the city whether owned by such person or not. ARTICLE IV

PUNISHMENT AND FEES

Sec. 1.

Punishment.

Any act or omission made unlawful or prohibited by any provision of this Chapter shall be punishable by a fine not to exceed Two Hundred Dollars ($200.00). In the event such violation shall be continuing in nature, such fine shall be imposed at a rate not to exceed Two Hundred Dollars ($200.00) per day for each day said violation exists. Sec. 2.

Fees.

The fee for all garbage collection provided by the city shall be set by resolution duly adopted and passed by the City Council. Such fees may, from time to time, be changed, modified or amended by resolution duly adopted and passed by the City Council. The collection fee shall be paid on a monthly basis and at the same time as the water and sewer bills are paid. Collection of solid waste material properly contained shall occur twice per week on Mondays and Fridays thereof.

Ordinance 2005-6

Changes made to Chapter 15 Water.

~ection

3. Separate Connection required. Each premise owner shall have a separate and distinct service connection and its own meter. There shall be one or more stops and waste cocks attached to every supply pipe at some point between the main and the meter so that the water can be shut off and the meter and the house plumbing entirely drained. A stop furnished by the City shall be installed at or near the property line and not ~o be considered one of the stops required between the main and the meter. There shall be another stop and waste cock in the pipe on the house side of the meter. Section 9. Regulations and requirements In addition to those rules set forth in other sections of this chapter, every customer using the City water system shall be subject to the following regulations and requirements: (a)In addition to the connection fee required by Section 2, above, all users of the City water system shall pay a deposit in the amount of $50.00 for the services being provided to the property. Such deposit shall be retained by the City and shall be applied to any unpaid, delinquent, or outstanding water, sewer, or sanitation bill owed to the City upon termination of services for any reason, whether involuntary or voluntary. No Transfers will be allowed except for users of the City water system who have paid a deposit and wish to move from a residence to another resident. (This will change the deposit from $150.00 to $50.00.) (b)Failure to make full payment as required herein shall subject such household to disconnection from the City water system as provided herein. In the event any household is disconnected due to non-payment of water bills, no water service shall be resumed until a reconnection fee of $25.00 is paid, and the previous billings are paid in full. All users shall be entitled to at least 10 days, but no more than 30 days, written notice of intent to disconnect stating the balance of utility charges owed to the City, when such payments may be made to avoid disconnection of water services if the total amount of water charges have not been paid by the water user. The City shall be entitled to assess and collect a late payment fee of $5.00 from any water user who fails to pay the billings for water services in accordance with this ordinance and the time periods set forth. (This reduces the reconnect fee from $50.00 to $25.00) Section 9. Regulations and requirements (e.) Entire paragraph to be deleted. (Removes the $50.00 tum on fee for seasonal users). Article 11 Defective Service/Disconnect/Implied consent Section 3. Disconnect/reconnect The City reserves the right to discontinue water service to any or all customers of the water system, without notice, when necessary for repairs, upon the City discovering proof that a user has been obtaining water services without paYing for same, or for disregard of rules and regulations affecting the service. In the event any customer's household is disconnected, no service shall be resumed until full payment of past billings, and payment of a reconnection as required by this ordinance. (This removes the words "and deposit"). Dated at Geddes, South Dakota this 12th day of September, 2005 -I: By: l/~)' (.;" .:' Attest: ,It){ -- I-~(. // ( '-~ ,- _. Darwin Iedema, Mayor

Pat Brotherson, Finance Officer

First Reading: September 12, 2005 Second Reading: October 11, 2005

Approval: October, 11, 2005 Published: October 13, 2005

Ordinance# 2003-3 An ordinance entitled "An Ordinance Amending Chapter 15, Water" of the Revised Ordinances of the City of Geddes, South Dakota, which ordinance shall read as follows: BE IT ORDAINED BY THE CITY OF GEDDES, SOUTH DAKOTA,

THAT CHAPTER 15, WATER, ARTICLE I-ANIINISTRATION BE

AMENDED TO READ AS FOLLOWS:

Sec. 9. Regulations and requirements.

(a) This section shall be amended to require a $150.00 deposit instead of a $50.00 deposit. (b) This section shall be amended to require $50.00 deposit instead of a $25.00 deposit. (e)

In addition to all of the fees and charges set forth by Chapter 15, there shall be a seasonal use charge which shall be applied to any user of the City water system who is classified as a seasonal user. A "seasonal user" shall be any person or entity that does not have water services turned on at a residence, building or structure on a regular and continuous basis throughout the calendar year. All seasonal users shall be charged the sum of $50.00 to have services tun1ed on at their residence, building or structure when they desire same. In the event a seasonal user or his/her agent or representative requests that water services be shut off or terminated at the seasonal user's residence, building or structure within 30 days from the date that water services were initially tUDled on , there shall be charged, in addition to the water tum on fee, a termination of water service fee of $50.00. the aforesaid fees shall be charged for each occasion that the water services are turned on at a seasonal user's residence, building or structure and turned off at said residence, building, or structure within a 30 day time period.

This ordinance shall be in full force and effect from and after its passage, approval, recording and publication as provided by law. Passed and adopted by the Council of the City of Geddes, South Dakota, on the first reading on the 8th day of September, 2003, by the following vote: Ayes: Bowen, Schnabel, Iedema, King, DuFrain, Schulte Nays: 0 Motion carried unanimously.

Passed and adopted by the Council of the City of Geddes, South Dakota, on the second reading on the day of - - - - - - - - ­ , 2003, by the following vote: Ayes: Nays: Absent: Date of publication: Effective date: THE GOVERNING BODY OF THE CITY OF GEDDES, SOUTH DAKOTA By: DAN MERKWAN, MAYOR Attest:

'COLLEEN JAEGER, FINANCE OFFICER

CHAPTER 15 WATER ARTICLE I - ADMINISTRATION

Sec. 1.

Private well prohibited.

N a person may construct or maintain any well or private source of water upon public or private property within the City of Geddes (hereinafter referred to as City) unless the same is in existence prior to the effective date hereof or unless there is no City water main within 100 feet of the property which the well or private source of water is to serve. The owner of every residence, business or industrial building in the City abutting upon any street or alley in which water mains are maintained shall, at his own expense, connect it with the water main within 30 feet of the property line and provided further that residences, industrial or other buildings with wells at the effective date hereof shall not be required to make such connections. If such owner fails to provide for such connection after notice to do so, the City may provide for the connection and charge the cost against the property as a special assessment or the City may bring an action to collect the costs so incurred.

Sec. 2.

Water application.

Any person connecting with the water system of the City shall apply for pennission on a form provided by the City. Such application shall be filed with the City Finance officer and the applicant shall thereupon pay the City, as and for an availability charge, the SlUll of $50.00. Such availability charge shall entitle the applicant to connection with the water ma~ a corporation cock installed, the use of a 3/4 inch line water meter on the premises, and supervision by the City of the applicant's connection with the premises. Such availability charge shall be applicable only to premises fronting or abutting on streets or alleys wherein City water mains are laid. In the event that application is received for service to other premises, the charge shall be determined by the governing body at the time such application is granted, but in no event shall be less than the estimated cost thereof to the City.

Sec. 3.

Separate connection required.

Unless special pennission is granted by the City council, each premise owner shall have a separate and distinct service connection and its own meter. Where pennission is granted for branch service systems, each branch system must have its own separate meter. There shall be one or more stops and waste cocks attached to every supply pipe at some point between the main and the meter so that the water can be shut off and the meter and

the house plumbing entirely drained. A stop furnished by the City shall be installed at or near the property line and not to be considered one of the stops required between the main and the meter. There shall be another stop and waste cock in the pipe on the house side of the meter. ~Ieter

Sec. 4.

placement.

Every customer shall provide a suitable place where a meter can be installed and the City shall install and maintain the same. Installations cost; right to disconnect.

Sec. 5.

The cost of original installation of all plumbing between the main and any service devices maintained by the consumer and all extensions made to such plumbing, as well as all repairs, shall be borne entirely by the customer, although such plumbing and services, as well as the meters, shall, at all reasonable times, be subject to inspection by duly authorized representatives of the City. In the event any repairs are found to be necessary by such representative and such repairs are not made promptly, the City shall be authorized to discontinue service. The City, its agents, employees, and representatives shall have an unlimited and perpetual right of access to any and all shut-off valves within the City. Nothing in this Code shall be construed to compromise or otherwise affect such right of access. Sec. 6.

Installation of taps.

In installing water service, all taps shall be installed, street excavations made, pipes installed ~om main to meter, and the meter installed under supervision of the City. Sec. 7.

Diversion and tampering prohibited.

It shall be unlawful for any person to use water from any premises without the consent of the owner, or to use water from the municipal water system except to be drawn through a meter installed by the City. No person except an authorized representative of the City shall tum on or off or tanlper with any water service connection. Sec. 8.

Meter reading and billing.

On or before the 25th day of each month, a representative of the City shall read all user meters and report said meter readings to the City Finance Officer. The City Finance Officer shall log such meter readings, calculate the total water usage and charge therefor,

and deliver by mail or by personal service the water user bill to each water user or their representatives. Thereafter, the water user is required to pay the billing for water use on or before the 10 th day of each month. The above procedure may be altered or deviated from only upon a showing of exceptional or special circumstances and the authorization by the City. Any deviation granted under this provision, however, shall not apply to past-due amounts. shall be entitled to assess

Sec. 9.

Regulations and requirements.

In addition to those rules set forth in other sections of this chapter, every customer using the City water system shall be subject to the following regulations and requirements: (a) In Addition to the connection fee required by Section 2, above, all new users of the City water system shall pay a deposit in the amount of $150.00 to services being provided to the property. Such deposit shall be retained by the City and shall be applied to any unpaid, delinquent, or outstanding water, sewer, or sanitation bill owed to the City upon termination of services for any reason, whether involuntary or voluntary. The provisions set forth in this subsection shall be effective only as to new users of the City water system.. All users who were connected to and using the City water system prior hereto, and who have previously paid a water deposit to the City or who have established a history of prompt and timely payment of water, sewer and garbage collection bills shall not be required to pay the deposit set forth in this subsection. In the event such prior users of the City water system have paid a deposit and were using the City water system prior to the enactment of this ordinance such deposit may be transferred from residence to residence in the event said user moves within the city limits. (b)

Failure to make full payment as required herein shall subject such household to disconnection from the City water system as provided herein. In the event any household is disconnected due to non-payment of water bills, no water service shall be resumed until a re-connection fee of $50.00 is paid, the previous billings are paid in full and $50.00 is deposited in accordance with paragraph (a) above. All users shall be entitled to at least 10 days, but no more than 30 days, written notice of intent to disconnect stating the balance of utility charges owed to the City, when such payments may be made to avoid disconnection of water services if the total amount of water charges have not been paid by the water user. The City shall be entitled to assess

68

and collect a late payment fee of $5.00 frOil1 any water user who fails to pay the billings for water services in accordance with this ordinance and the time periods set forth herein. (c)

In the event any user of the City water system shall connect or use the water system without first complying with the this ordinance, services shall be terminated upon discovery of such use by the City. Further, no water services shall be provided to the property lillril the customer has fully and completely complied with all sections, paragraphs, and provisions contained in this ordinance.

(d)

In the event services are terminated by the user, the deposit required herein shall be refunded to the user after all unpaid, delinquent, or outstancling water, sewer, and sanitation bills have been paid.

~eJ Sec. 10.

See

ad

o-P cha.p+-e-r.

City to retain ownership.

All service pipes, connections, boxes, corporation cocks (shut-off valve), and other materials from the mains to the lot line shall be, become, and remain the property of the City, even though the applicant or property owner may have paid for and installed the line frOlll the main to such lot line; and the contribution of the applicant or property owner shall be construed as compensation to the City for damages to its streets. The City shall be solely responsible and liable for maintaining all of the above equipment from the main through the corporation cock (shut-off valve), and all costs and expenses associated therewith shall be the sole responsibility and liability of the City.

Sec. 11.

Charge.

The charges for water system services will be as follows: (a)

Except as otherwise provided in this section, the minimum charge for the use of City water shall be $8.50 and such monthly amount shall entitle each metered user to 1,000 gallons of water. Thereafter, water usage shall be billed at the following rates: 1,001 gallons to 1,999 gallons afwater used - $.30 per 100 gallons~ 2.000 gallons or more of water used - $.25 per 100 gallons.

Sec. 12.

Non-payment; disconnect.

All water or utility service charges shall be a charge against the owner, lessee and

occupant of the premises, and if such charges shall not be paid when due, the City shall have the right to disconnect water service to the premises as provided by this ordinance, to collect the delinquent charges by civil action in any court, or to pursue any other remedy authorized by South Dakota law..

Sec. 13.

Indemnity; bond.

The applicant shall indemnify and save harmless the City from any claims of injrny, loss or damage to third parties arising out of the construction work and connections to the water systen1; this provision is a condition deemed important in the connection permit. The City may, as a further condition to issuance of the connection permit, require the applicant to file a corporate surety bond for a period of two years. ARTICLE n

Sec. 1.

-

DEFECTIVE SERVICEIDISCONNECT/

Th'IPLIED CONSENT

Complaint procedure.

All claims for defective water service shall be made in writing and filed with the fmance officer on or before the 10th day of the month next succeeding such defective service, or be deemed waived by the claimant; and if such claims are so filed, it shall be the duty of the City to investigate the facts alleged in such claim and detennine the amount, if any, which should be refunded to such claimant by reason of such defective service. Such amount shall be allowed as a credit on the following bill or paid as other claims, but no claim shall be made against the City on account of any [lIe or any injuries to the person or property of any conSlUIler of water under the provisions hereof. Nothing .in 1hj.~. section or this ordinance shall be deemed a waiver by the City of its rights under South Dakota law with regard to statutoI)' notice requirements for claims against the City.

Sec. 2.

Implied consent.

Every person applying for water service from the system, and every owner of property for which such application is nlade, shall be deemed by such application to consent tC' ':ill the rules, regulations, and rates contained in the resolutions or ordinances of the City and to any modification thereof, and to all new rules, regulations, or rates duly adopted.

Sec. 3.

Disconnect/reconnect.

The City reserves the right to discontinue water service to any or all customers of the water system, without notice, when necessary for repairs, upon the City discovering

-&6

10

proof that a user has been obtaining water services without paying for same, or for disregard of rules and regulations affecting the service. In the event any customer's household is disconnected, no service shall be resumed lliltil full payn1ent of past billings, payment of a re-connection and deposit is made as r.equired by this ordinance:-- . Sec. 4.

Entry authorized.

The City and its duly authorized employees and agents shall be permitted to enter upon any premises at any reasonable time for the purpose of inspection, measurement, testing and perfonning such other functions as may be required under the provisions of this ordinance. Sec. 5.

Amendableness.

Nothing in this chapter shall contractually bind the City or prevent the City from amending this chapter or discontinuing water service in the City or any part thereof. Sec. 6.

Tampering prohibited.

No person shall maliciously or willf-ully break, damage, or tamper with any water meter or any structure, appurtenance or equipment which is a part of the water system without the express authorization of the City. Any violator of this ordinance upon a conviction of such violation shall be fined in an amount not exceeding $200.00 for each violation.

ARTICLE III - VALIDITY Sec. 1.

Savings clause.

The invalidity of any section, clause, sentence, or provision of this ordinance shall not affect the validity of any other part of this ordinance which can be given effect without such invalid part or parts.

-091\

ORDINANCE #

,I -

1;

An ordinance entitled "Water Regulation of the Ordinances of Geddes, South Dakota, which ordinance shall read as follows: II

BE IT ORDAINED BY THE CITY 'OF GEDDES, SOUTH DAKOTA, THAT TITLE IX WATERWORKS SYSTEM, CHAPTERS 9.01 THROUGH 9.99, INCLUSIVE, OF THE ORDINANCES OF GEDDES, SOUTH DAKOTA BE REPEALED AND REPLACED WITH AN ORDINANCE TO READ AS PROVIDED IN THE TEXT ATTACHED HERETO AS EXHIBIT A. All ordinances or parts of ordinances In conflict with the attached text are hereby repealed. T~e above referred to ordinance shall be in full force and effect from and after its passage, approval, recording, and publication as provided by law.

Passed on first reading: ~f~~~'/~!I~c~k=~~~._r+l__~9~~/~9~9_Y 7

Voting for passage: ()b:J..-brrnr.I"'\.'jj Pt..--ir';k..j Voting against passage: ~-;o,.;~

Absent: ;(>.~Lh 0'" Fro l-I ICr;,- ,..,v~

Passed on second reading: Voting for passage: _ [2;L 1,.1\

Voting against passage:

Ab sent: j(~ ~I.- 1 r~_ -l, . t

IV

1

Date of Adoption: Date of Publication:

Attest: /) I

/

/

lrit,,-,-/~.

PATRICIA BIDDLE, FINANCE OFFICER

___

tso\...... (!...o) IC,Ih.et (6
CHAPTER 9 'VATER

ARTICLE I - ~t\DMI~ISTRATION

Sec. 1.

Private well prohibited.

No person may construct or maintain any well or private source of water upon public or private property within the City of Geddes (hereinafter referred to as City) unless the same is in existence prior to the effective date hereof or unless there is no City water main within 100 feet of the property which the well or private source of water is to serve. The owner of every residence, business or industrial building in the City abutting upon any street or alley in which water mains are maintained shall, at his own expense, connect it with the water main within 30 feet of the property line and provided further that residences, industrial or other buildings with wells at the effective date hereof shall not be required to make such connections. If such owner fails to provide for such connection after notice to do so, the City may provide for the connection and charge the cost against the property as a special assessment or the City may bring an action to collect the costs so incun"ed. Sec. 2.

Water application.

Any person connecting with the water system of the City shall apply for permission on a fonn provided by the City. Such application shall be filed with the City . Finance officer and the applicant shall thereupon pay the City, as and for an availability charge, the sum of $50.00. Such availability charge shall entitle the applicant to connection with the water main, a corporation cock installed, the use of a 3/4 inch line water meter on the premises, and supervision by the City of the applicant's connection with the premises. Such availability charge shall be applicable only to premises fronting or abutting on streets or alleys wherein City water mains are laid. In the event that application is received for service to oL~er premises, the charge shall be determined by the governing body at the time such application is granted, but in no event shall be less than the estimated cost thereof to the City. Sec. 3.

Separate connection required.

Unless special pennission is granted by the City council, each premise owner shall have a separate and distinct service connection and its own meter. Where pelmission is granted for branch service systems, each branch system must have its own separate meter. There shall be one or more stops and waste cocks attached to every supply pipe at some point between the main and the meter so that the water can be shut off and the meter and

129

the house plumbing entirely drained. A stop furnished by the City shall be installed at or near the property line and not to be considered one of the stops required between the main and the meter. There shall be another stop and waste cock in the pipe on the house side of the meter.

Sec. 4.

Meter placement.

Every customer shall provide a suitable place where a meter can be installed and the City shall install and maintain the same.

Sec. 5.

Installations cost; right to disconnect.

The cost of original installation of all plumbing between the main and any service devices maintained by the consumer and all extensions made to such plumbing, as well as all repairs, shall be borne entirely by the customer, although such plumbing and services, as well as the meters, shall, at all reasonable times, be subject to inspection by duly authorized representatives of the City. In the event any repairs are found to be necessary by such representative and such repairs are not made promptly, the City shall be authorized to discontinue service. The City, its agents, employees, and representatives shall have an unlimited and perpetual right of access to any and all shut-off valves within the City. Nothing in this Code shall be construed to compromise or otherwise affect such right of access.

Sec. 6.

Installation of taps.

In installing water service, all taps shall be installed, street excavations made, pipes installed from main to meter, and the meter installed under supervision of the City.

Sec. 7.

Diversion and tampering prohibited.

It shall be unlawful for any person to use water from any premises without the consent of the owner, or to use water from the municipal water system except to be drawn through a meter installed by the City. ~o persoI! except an authorized representative of the City shall tutu on or off or tamper with any water service connection.

Sec. 8.

Meter reading and billing.

On or before the 25th day of each month, a representative of the City shall read all user meters and report said meter readings to the City Finance Officer. The City Finance Officer shall log such meter readings, calculate the total water usage and charge therefor, 130

and deliver by mail or by personal service the water user bill to each water user or their representatives .. Thereafter, the water user is required to pay the billing for water use on or before the lOth day of each month. The above procedure may be altered or deviated from only upon a showing of exceptional or special circumstances and the authorization by the City. Any deviation granted under this provision, however, shall not apply to past-due amounts.

Sec. 9.

Regulations and requirements.

In addition to tlJ.ose rules set forth in other sections of this chapter, every customer using the City water system shall be subject to the following regulations and requirements: (a)

In addition to the connection fee required by Section 2. above, all new users of the City water system shall pay a deposit in the amount of S50. 00 prior to services being provided to L1.e property. Such deposit shall be retained by the City and shall be applied to any unpaid, delinquent, or outstanding \vater, sewer, or sanitation bill owed to the City upon termination of services for any reason, whether invohll1tary or voluntary. The provisions set forth in this subsection shall be effective only as to new users of the City water system. All users who were connected to and using the City water system prior hereto, and who have previously paid a water deposit to the City or who have established a histOly of prompt and timely payment of water, sewer and garbage collection bills shall not be required to pay the deposit set forth in this subsection. In the event such prior users of the City water system have paid a deposit and were using the City water system prior to the enactment of this ordinance such deposit may be transferred from residence to residence in the event said user moves within the city limits.

(b)

Failure to mal<e full payment as required herein shall subject such household to disconnection from the City water system as provided herein. In the event any household is disconnected due to non-payment of water bills, no water service shall be resumec. until a re-connection fee of $25. 00 is paid, the previous billings are paid in full, and S50.00 is deposited in accordance wit.~ paragraph (a) above. All users shall be entitled to at least 10 days, but no more that 30 days, written notice of intent to disconnect stating the balance of utility charges owed to the City, when such payment may be made to avoid disconnection of water services, and the time and date of disconnection of water services if the total amount of water charges have not been paid by the water user. The City shall be entitled to assess ~

131

and collect a late payment fee of $5.00 from any water user who fails to pay the billings for water services in accordance with this ordinance and the time periods set forth herein. (c)

In the event any user of the City water system shall connect or use the water system without flIst complying with the this ordinance, services shall be terminated upon discovery of such use by the City. Further, no water services shall be provided to the property until the customer has fully and completely complied with all sections, paragraphs, and provisions contained in this ordinance.

(d)

In the event services are tem:inated by the user, the deposit required herein shall be refunded to the user after all unpaid, delinquent, or outstanding water, sewer, and sanitation bills have been paid.

Sec. 10.

City to retain ownership.

All service pipes, connections, boxes, corporation cocks (shut-off valve), and other materials from the mains to the lot line shall be, become, and remain the property of the City, even though the applicant or property owner may have paid for and installed the line from the main to such lot line; and the contribution of the applicant or property owner shall be construed as compensation to the City for damages to its streets. The City shall be solely responsible and liable for maintaining all of the above equipment from the main through the corporation cock (shut-off valve), and all costs and expenses associated , therewith shall be the sole responsibility and liability of the 'City.

Sec. 11.

Charge.

The charges for water system services will be as follows: (a) ";

Except as otherwise provided in this section, the lninimum charge for the use of City water shall be $8.50 and such monthly amount shall entitle each metered user to 1,000 gallons of water. Thereafter, water usage shall be billed at the following rates: 1,001 gallons to 1,999 gallons of water used - $.30 per 100 gallons; 2.000 gallons or more of water used - $.25 per 100 gallons.

Sec. 12.

Non-payment; disconnect.

All water or utility service charges shall be a charge against the owner, lessee and 132

occupant of the premises, and if such charges shall not be paid when due, the City shall have the right to disconnect water service to the premises as provided by this ordinance, to collect the delinquent charges by civil action ill any court, or to pursue any other remedy authorized by South Dakota law.. Sec. 13.

Indemnity; bond.

The applicant shall indemnify and save harmless the City from any claims of

injury, loss or damage to third parties arisillg out of the construction work and

connections to the water system~ this provision is a condition deemed important in the

connection permit. The City may, as a further condition to issuance of the connection

permit, require the applicant to file a corporate surety bond for a period of two years.

ARTICLE II - DEFECTIVE SERVICEIDISCONNECT/

I~IPLIED CONSENT

Sec. 1.

Complaint procedure.

All claims for defective water service shall be made in writing and filed with the finance officer on or before the lOth day of the month next succeeding such defective service, or be deemed waived by the claimant; and if such claims are so filed, it shall be the duty of the City to investigate the facts alleged in such claim and determine the amount, if any, which should be refunded to such clalinant by reason of such defective

service. Such amount shall be allowed as a credit on the following bill or paid as other

, claims, but no claim shall be made against the City on account of any [lIe or any injuries

to the person or properiy of any consumer of water under the provisions hereof. Nothing in this section or this ordinance shall be deemed a waiver by the City of its rights under South Dakota law with regard to statutory notice requirements for claims against the City. Sec. 2.

Implied consent.

Every person applying for water service from the system, and every owner of property for which such application is made, shall be deemed by such application to consent to all the rules, regulations, and rates contained in the resolutions or ordinances of the City and to any modification thereof, and to all new rules, regulations, or rates duly adopted.

Sec. 3.

Disconnect/reconnect.

The City reserves the right to discontinue water service to any or all customers of the water system, without notice, when necessary for repairs, upon the City discovering 133

proof that a user has been obtaining water services without paying for same, or for disregard of rules and regulations affecting the service. In the event any customer's household is disconnected, no service shall be resumed until full payment of past billings, payment of a re-connection and deposit is made as required by this ordinance. Entry authorizede The City and its duly authorized employees and agents shall be permitted to enter upon any premises at any reasonable time for the purpose of inspection, measurement, testing and performing such other functions as may be required under the provisions of this ordinance. Sec. 5.

Amendableness.

Notfung in this chapter shall contractually bind the City or prevent the City from amending this chapter or discontinuing water service in the City or any part thereof. Sec. 6.

Tampering prohibited.

No person shall maliciously or willfully break, damage, or tamper with any water meter or any structure, appurtenance or equipment which is a part of the water system without the express authorization of the City. Any violator of this ordinance upon a conviction of such violation shall be fmed in an amount not exceeding $200.00 for each violation.

ARTICLE III - VALIDITY Sec. 1.

Savings clause.

The invalidity of any section, clause, sentence, or provision of this ordinance shall ' not affect the validity of any ot.~er part of this ordinance which can be given effect without such invalid part or parts.

134

CHAPTER 16

SEWER SYSTEM

ARTICLE I

GENERAL PROVISIONS

Sec. 1. The provision of this title shall be applicable to anyone connecting to the city sewer system or to anyone connecting to any private sewer line which his connected to the city sewer system. Sec. 2. All connections of private drains or sewers of the city or the construction or modification of appurtenances to sewers or sewer connections shall be made in accordance with the rules and regulations approved by the city council and embodied in this Chapter, and such further rules as may be from time to time adopted. Sec. 3. No excavation or trenches for sewer pipes, or work in connection with such pipes, attachment appurtenances or modifications thereof, shall be done by any person or entity without a special permit, which permit shall be issued by the city finance officer. The application for said permit shall be made In writing on blanks furnished for that purpose by the city, and shall show the location of the proposed connection, and the appurtenances thereto. Sec. 4. All such work shall be done under and in compliance with the direction of the city as herein specified and in strict conformity with the rules and regulations hereinafter contained; or modifications thereof as may be hereafter adopted by the city, and all connection with the pUblic sewer system shall be made in the presence of a city representative. willful violations of the said rules or of the direction of the city representative, shall be cause for suspension of the permit and subject the offender to any penalties that may be imposed under this Chapter, and such suspension shall operate until restored by the city. Any such suspension shall not give the offending party a right to a refund of any monies paid for permits. Sec. 5. The lot owner who connects with the public sewer shall be held responsible for any damage he may cause to the sewer or to the public streets. He shall restore the street to the satisfaction of the city and make good any settlement of the ground caused by the excavation made under and by virtue of any permit issued under the provision of this Chapter. Sec. 6. The following rules and regulations are hereby adopted and approved: a.

Trenches in public streets or alleys shall be excavated as to impede public travel as little as possible. The crossing of gutters and all other ways shall be left in

shape so as to permit the ready escape of water during storms. Planks shall always be provided where sidewalks or crossings are open so aS,to facilitate easy crossings over trenches. b.

Appropriate lighting shall be kept around all unfinished work at night and sufficient barricades shall be placed around excavations at all times.

c. Work in public streets must not be unnecessarily delayed and when so directed by the city, the number of workmen shall be increased to hasten the work to the extent the city may deem necessary for public interests. d.

Trenches in depths of six feet or over, and in all types of treacherous soil, or near large brick buildings, shall be properly braced and the party excavating shall be liable for all damages arising by reason of neglect in this respect.

e.

The refilling of all trenches in streets or alleys shall be well and thoroughly done in uniform layers of not exceeding nine inches and tamped with a tamper of not less than forty pounds in weight or with puddled earth as may be directed by the city or its representative, so as to replace all excavated material and leave the surface in as good condition as found before the commencement of the work.

f.

No pipe shall be allowed to connect with any sewer with a fall of less than one one-hundreth of a foot per foot, and when possible, two one-hundreths of a foot per foot.

g.

Connections to the city sewers must be done with

materials which are approved by the city or its

representative.

h.

No junction pipe shall be cut or taken up for connection without a special permit and then only in the presence of a city representative.

l.

Changes of direction of pipes must be made by properly

curved pipe, and not by edging or cutting. No storm

water connections will be permitted in the system of

sewers.

j. Sewer pipe connection, both inside and outside of buildings, must be Y's and not T's; clean-outs are to be placed at each change of direction of soil pipes inside buildings.

k.

Accidents to sewers by caving or in cleaning of private connection shall be promptly reported to the city finance officer.

1.

Entrance to manholes, or the openings to same, except by the city or its representatives is strictly prohibited.

m.

Any defective or 'other work in connection with sewers, or appurtenances, disapproved by the city shall, upon written notice, be promptly remedied.

n.

The city shall have access at all times to any building connected with any sewer connected to the city sewer system to examine the same.

o.

No steam exhaust, blow off, drip pipe, refrigerator, waste pipe or tank overflow shall connect with the sewer, soil or waste pipe, but shall be connected to a properly trapped water supplied sink or tray.

p.

No one shall throw or deposit or cause to be thrown or deposited in any vessel or receptacle connected to the city sewer system, fruit or vegetable peelings, refuse, rages, sticks, cinders or any other matter or thing whatever, except human excrement, urine, the necessary closet paper and liquid house slops.

Sec. 7. Every property owner who shall desire to secure a permit for laying drain or sewer pipes, or any excavation relating to making connection with the public sewer, or plumbing in connection with the appurtenances to sewer connections, or any changes in connection with the appurtenances or pipes shall secure a permit for the same from the city for which he shall pay a fee of fifty dollars ($50.00). Such payment to be made prior to the issuance of any permit. Sec. 8. No connection for any cesspool or prlVY vault shall be made with any public sewer. Sec. 9. It shall be unlawful for any person or entity to place, deposit or throw any butcher offal, or garbage, dead animals or obstruction of any kind whatever in any receiving basin or sewer in the city. Sec. 10. It shall be unlawful for any person or entity to wilfully disturb, dig up or injure any public drain sewer, manhole, or catch basin or appurtenances thereto. Sec. 11. Whenever in the discretion of the city it is determined that sanitation conditions require, the owner of property shall be required to make private connections with the public sewer. Such connections shall be prefaced with ten (10) days notice in

writing to he owners of such property that such owners will be required to make such connections with the public sewers, under the provision of this chapter. Any person who fails to comply with the requirements of such notice within twenty (20) days after said notice is served upon him or them shall be deemed to be in violation of this ordinance. Sec. 12. All sewers now or hereafter constructed shall be under xhe exclusive supervision and control of the city. It shall be unlawful for any person to do anything in any manner affecting the said sewer or any part thereof and any device or appliances or appurtenances used or connected in any way with said sewer without first obtaining a special permit as provided herein. Sec. 13. The owner of the premises served by the city sewer shall bear all costs of installing sewer lines, including excavating, pipes, connections, labor and all other necessary expense, from the city sewer line to and upon his premises, and he shall be charged with the duty and expense of keeping same in good repair. The fee for sewer permits shall be charge for direct as well as indirect sewer connections. Sec. 14. The definitions set forth in the attached appendix hereto shall apply to the interpretations of this ordinances. Such appendix may be amended, modified or extended as deemed necessary by the city by a resolution duly enacted by the city council. Sec. 15. All sewer pipes, connections, boxes, and other materials from the mains to the lot line shall be, become, and remain the property of the city, even though the applicant or property owner may have paid for and installed the line from the main to such lot line and shall be liable for the maintenance and repair thereof. The contribution of the applicant or property owner shall be construed as compensation to the city for damages to its streets. Sec. 16. It shall be unlawful for any person to place or deposit or permit to be deposited in an unsanitary manner upon public or private property within the city, or in any area under its jurisdiction and control any sewage or industrial wastes. Sec. 17. It shall be unlawful to discharge to any natural outlet within the city, or any area under its jurisdiction and control any sewage or industrial wastes which have not been suitably treated as provided herein. Sec. 18. Except as provided herein, it shall be unlawful to construct or maintain any privy, septic tank, cesspool or such facility intended or used for the disposal of sewage. Sec. 19. The owner of every residence, business or industrial building in the city abutting upon any street or alley in which public sewer mains are maintained, shall at his own expense

install a sewer to dispose of all sewage and industrial wastes from the premises and connect it with the public sewer within thirty (30) days after notice to do so, provided the public sewer main is within one hundred (100) feet of his property line. If the owner fails to provide for such sewer after notice to do so, the city shall provide for the installation of such sewer and charge the cost against the property as a special assessment. ~ec.

20. So long as a public sewer main is not available under the provisions of this ordinances, the building sewer shall be connected to a private disposal system complying with other ordinances of the city and with all requirement of the State of South Dakota Department of Health. At such time as a public sewer becomes available to the property, the building sewer shall be connected to it and use of any septic tank, cesspool or other private disposal facility shall cease. Sec. 21. Upon issuance of the permit as provided herein, the person to whom the permit is granted may proceed with the work in accordance with the permit. The applicant shall notify the city finance officer of the progress of the work at such stages during construction as the city may direct and in particular shall notify the city finance officer when the building sewer is completed and ready for connection with the public sewer. The city shall be given an opportunity to inspect the work after it is completed. Sec. 22. All connections with the city sewer system shall be made with materials approved by the city. All joints and connection shall be gas and water tight. The size, slope and depth of the building sewer shall be subject to he approval of the city, but in no event shall the internal diameter be less than four inches, and slope of one-quarter inch to the foot shall be used wherever practical. The connection of the building sewer with the public sewer shall be made with the "Y" branch designed for the property, if suitable; any other location for the connection shall be only as directed by the city. Sec. 23. Every building shall be separately and independently

connected with the public sewer.

Sec. 24. No person shall discharge or cause to be discharged into any public sewer any hazardous substances of any nature or sort. Hazardous substances are those substances so defined by state and federal law. No person shall obstruct the flow of the public sewer systems in any fashion whatsoever. Sec. 25. All repair and maintenance of a building sewer shall be the responsibility of the owner of the property. In the event a break, leak or other malfunction is discovered, same shall be repaired by the owner within ten (10) days of notice to said owner. In the event that the repairs are not done within said ten day time period, the city may repair said malfunction and

charge the cost thereof against the property as a special assessment. Sec. 26. Where necessary for the proper handling of liquid wastes containing excessive grease, any flammable wastes or sand or other harmful ingredients, the city may require the installation and maintenance by the property owner, at his expense, the proper grease, soil, or sand interceptors, except interceptors shall not be required for private homes or dwellings. Sec. 27. The applicant shall indemnify and save harmless the city from any claims of injury, loss or damage to third parties arising out to the construction work and connections to the city sewer system; this provision is a conditioned deemed important in the connection permit. The city may, as a further condition to issuance of the connection permit, require the applicant to file a corporate surety bond for a period of two years.

ISec.

28. Every person applying for sewer services from the system, \and every owner of property for which such application is make, (Shall be deemed by such application to consent to all the rules, Iregulations, and rates contained in the resolution or ordinances lof the city and to any modifications thereof, and to all new Irules, regulations, or rates duly adopted.

~ec.

29. Abandonment of dysfunctional water and sewer lines shall be done in accordance with the following: a. Upon the written petition and consent of all of the owners and occupants of property served by any water or sewer line or main or upon majority vote of the city council, proceedings are thereby initiated for the abandonment of any water or sewer line or main believed to be dysfunctional or damaged beyond economical repair. b. After such petition and consent shall have been filed with the city finance officer or, in the case of a motion or resolution, after same shall become effective, the city shall cause notice of the intention to abandon to be given by publication once each week for at least two (2) consecutive and successive weeks. c. The notice of intention to abandon as published shall state whether such notice is given pursuant to petition by owners and occupants or pursuant to motion or resolution of the city and shall particularly describe the water or sewer line or main sought to be abandoned and, further shall set forth the date, time and place when objecting or aggrieved parties may appear and be heard at a public meeting to be set and held by the council.

d. A public hearing on the matter shall be held within thirty (30) days after the first publication of notice. e. At such public hearing, the city shall hear and consider any arguments and evidence it deems relevant to the matter and shall, unless adjourned for further investigation purposes, decide the matter fairly with due regard for the public good, the financial interests of the city, its duty to provide such services, and the interest of any affected persons. f. A two thirds (2/3) majority vote of the city council shall be require for abandonment. Such vote shall be a roll call vote and shall be duly record in the minutes. Upon such two thirds majority vote, the governing body shall declare the water or sewer line or main duly abandoned and shall thereafter proceed to cause such line to be shut off, drained, capped, disconnected, or otherwise rendered safe and the city shall bear all costs and expenses thereof. g. A resolution of vacation pursuant hereto shall be published, to take effect, and be subject to referendum as other resolutions. Sec. 30. Any person, firm, entity, or corporation violating any of the provisions of this chapter shall upon conviction be punished by a fine not to exceed $200.00 of each such offense.

7)

03/15/2004

PAGE

1505337'3635

17:34

ORDINANCE # 2007" 1

An Ordinance Amending the City of Geddes Sewer Rates. Be it ordained by the City of Geddes, South Dakota Whereas, the City of Geddes has deemed it necessary to modify its current sewer rates;

and Whereas, it is in the public interest of the City of Geddes to modify its current sewer rates and set the same at twenty-five dollars ($25.00) per user per month effective Aprill, 2007; and Now therefore be it resolved that the Geddes City Council hereby adopts an ordinance entitled Ordinance Amending the city of Geddes Sewer Rate and hereby sets the sewer rate at twenty five dollars ($25.00) per user per month effective April!, 2007. th

D~!~d·~tGeddes, South Dakota the 8 day of January, 2007. ~_

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By:

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Darwin Iedema, Mayor of Geddes

Attest: 17 tl By: -f"d- j;)~~[~

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Pat Biddle, City Finance Officer

First Reading: January 8,2007 Second Reading: February, 12,2007

~~~_

Approve: Published: ;;;;-,;; ( - 0 1

01

ORDINANCE NO. ~6 -

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AN ORDINANCE AMENDING THE CITY OF GEDDES SEWER RATE Be it ordained by the City of Geddes, South Dakota. WHEREAS, the City of Geddes has deemed it appropriate to modify the current sewer rates; and WHEREAS it is in the public interest for the City of Geddes to modify its current sewer rates and to set the same at seventeen dollars ($17.00) per user per month; and NOW THEREFORE BE IT RESOLVED that the Geddes City Council hereby adopts an ordinance entitled An Ordinance Amending the City of Geddes Sewer Rate and hereby sets the s~wer rate at seventeen dollars ($17.00) ·per user per month. Dated at Geddes, South Dakota this --.Li..- day of By:

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,2005.

G:L ", /J_ La _~ p{/~~ Darwin Iedema, Mayor of Geddes

ATIEST: By:

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_ _ _ _ _ _ _ (City Finance Officer) City Finance Officer First Reading: Second Reading: Approval: Published:

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2005 p;u ,nV:-O-,3CJ -'--,, 2005 !?:!.. : ' 13" , 2005 F"~

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,2005

APPENDIX

a) ~ means the City of Geddes, South Dakota, or its officers or emp10yees authorlzed to perform the functions to which there is reference. b) Sewa9~1stem [lI(~ans all the systems of the City for the collection, treatment anadlspositiorJ of sewage and illdustrial waste, ir1C1uding the sewers and the sanitary sewage treatment ulility. c) Sev-Jage means woter-carried wastes frolll residences, institutions, business buildings and other establishments. d)

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a pipe or cOl1cJui t for cJrryill9 SCvJc1CJC.

e) Public Sewer means a sewer cOnJ1l0n to the public (mel Y-/hich is controlled by public authority. f) Sanita~~er means a sewer carrying se\'/age and to which StOnll surface ond ground water is not intentionally admitted. g) Sanitary Se~~_IT~atl11er~t Uti~i.!:y. or Sewa9~_ Treatment Util i!t means

that port of the sewr1ge system consisting of r1 lagoon, lift station, and

appurtenant facilities, but doen not include the sewers for the collection

of sewage.

h) lndustrial Waste means the liquid vJasle resultiny from any comnercia1,

man u- ra c t ur ; n9 0 r rndus t r i J lope r i1 t ion a s dis tin c t from sewa9e .

i) Building Drain means that part of the lowest horizontal piping of a dralnage system which receives the discharge from soil, waste and other drainage pipes inside and conveys it outside the inner face of the building wa 11 . j) 8uild~flg Sewer llleans the extension from the buildlTlg draill to the public sewer maln.

k) Person means an individual, corroration (public or private), partnership or association. 1) User means the owner, 1essee or occupant of the premi ses connected to the mun i c i pa 1 sewage sys teln. Ill) Service means connection to lhe sewage system and the ri<Jht to the use of TIs-facilities whether or not the facilities are in fJct used.

n) Notice means a notice in wriLing directed Lo Lhe owner or other person affected for the time specified by lhis chapter, stating briefly the cOlldition which is the reason for the notice Jnd the consequences which W0 U 1d res u 1 t up 0 n fa i 1u ret 0 c 0111 ply wit h the term S 0 f the not ice. A not ice shall be deemed i]lven wilen either it is personally served on the person to whom it is directed or is mailed to him at his last known address. If the owner canno~. be rcached by rna; 1 so addressed, service may be made upon the occupant.