ARTICLE VII – NUISANCES

 

 SECTION A. GENERAL

 

A. General Definition.  A nuisance consists in unlawfully doing an act, or omitting to perform a duty, which act or omission either:

    1.   Annoys, injures or endangers the comfort, repose, health or safety of others;

    2.   Offends decency;

    3. Unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous for passage any lake, dam or river, bay, stream, canal or basin, or any public park, square, street, or highway;

 

B. Nuisance Per Se. It is hereby declared that one or more of the following conditions, either alone or in combination with others, constitutes a nuisance per se, however, this enumeration shall not be deemed to be exclusive:

 

1. Defacement Shall be deemed to include the placing of any unsightly things where it is in plain view from the streets, sidewalks, or alleys of the municipality, or driving down banks within or through channels or ditches and across grass covered areas which are not normally considered part of designated vehicular areas. Graffiti. Any writing, printing, marks, signs, symbols, figures, designs, inscriptions, or other drawings which are scratched, scrawled, painted, drawn, or otherwise marked or placed on any exterior surface of a building, wall, fence, sidewalk, curb, or other permanent structure on public or private property which is visible from any public street, sidewalk, highway, or right of way. In addition to any penalty, upon conviction, the violator will assume responsibility for the cost of repairing any such damage, which shall be determined by the City.  

 

2. Obstruction Shall be construed to include barriers of all descriptions, except where such barriers are used to protect the public from unsafe places in the streets, alleys, or sidewalks, or from danger from building operations, and which are of a temporary character and approved by the City as prescribed by SDCL 9-14, automobiles or other vehicles left upon the street, alleys, or sidewalks, where they are a source of danger to pedestrians or drivers of other vehicles and every other article which makes it dangerous, unsafe, or extremely inconvenient for the usual passage of pedestrians or drivers of vehicles.

 

3. Disturbing the peace Any act, or omitting to perform any duty, which act or omission allows noises to emanate from any covered property or vehicle which disturbs the public peace, health, or safety of residents, which shall include, but not limited to, the barking of dogs, defective vehicles, excessively loud playing of television or audio equipment such that it disturbs the peace beyond fifty (50) feet outside the residence or vehicle in which the sounds is produced or received.

 

4. Transient Merchant/Mobile Vendors are subject to, but not limited to, the following considerations:

   • No transient merchant selling or peddling goods of any kind of description within the corporate limits of this City shall do so without first procuring a license therefore. The term “transient merchant” as used in this Ordinance shall be construed to include each and every person who shall sell or have for sale articles of any description, and who do not have a regular place of business in this City. The license fee for transient merchants shall be Twenty (20) dollars for each day for each person conducting such business.
   • Municipal Mobile Vendors license required at a cost of $100.00 annually, to be renewed January 1st. annually (this permit will not be prorated).
   • All mobile vendors must abide by and be in compliance with all federal, state and local laws, rules and regulations. If it is a food vendor, they must maintain continuous licensure with the South Dakota Department of Health.
   • Mobile vendors may only vend on commercial property with the consent of the property owner and may not encroach into any right-of-way adjoining the property with the mobile vending establishment or any accessory items such as trash cans, tables, chairs, etc. If requested by the City, a mobile vendor shall promptly provide proof of a property owner’s consent to operate on the property.
   • The vendor shall not conduct any vending in a way that causes congestion or blocking of vehicle or pedestrian traffic or fire lanes. Each vendor has an affirmative and independent duty to determine the safety and suitability of any particular location of operation and to operate in a manner reasonably calculated to avoid and prevent harm to people and to other vehicles.
   • All areas within and surrounding a mobile service establishment must be maintained in a clean, neat and sanitary condition. A trash receptacle will be furnished by the City at a commercial rate to be determined by the Common Council based on amount of garbage generated by the vendor. Trash bins shall be anchored or otherwise secured upright. The mobile vendor shall not place trash or litter from the mobile vending establishment in any unauthorized private or City receptacle.
   • A Mobile vending establishment cannot be permanently located on any property and cannot function as a permanent structure.
   • Every operator of any mobile vending licensed under this article shall display, in a conspicuous place, the license as provided by the city.

   • Any license issued under the provisions of this chapter shall be revoked by the Common Council upon discovery of any false material statement made in the application for the license.  In addition, any license issued under this chapter may be revoked for cause by the Council after notice to the holder of the license and an opportunity for hearing before the Council.

   • The Common Council shall approve the issuance of a mobile vendor license applied for under this article if it is satisfied that the applicant has met the following requirements:

   • That he or she is a fit person to engage in the business.

   • Business is operated in compliance with all applicable requirements of the City Ordinance and State Law.

   Prohibited conduct. No mobile vendor shall:

   • Place any object that blocks any pedestrian pathway or ADA access;

   • Utilize any signage other than signage that is affixed to the exterior of the mobile vending establishment or other than two additional banners or signs located within 100 feet of the establishment;

   • Vend alcohol. 

    5. Depositing or Burning No person shall use fire to burn any paper, waste material, refuse, or building materials outside of any building anywhere within the City limits without the express written approval of the City Council with concurrence of the Fire Chief, and enclosed in an incinerator which will prevent sparks from such fire to be blown or in any manner carried toward any building or combustible matter. (Nothing in this ordinance shall be construed to prohibit or make unlawful the use of outside fireplaces, barbecue pits, or grills that are continually manned and have spark arrestors, nor shall any permit be required therefore.)  No person shall deposit or burn or cause to be deposited or burned in any street, alley, sidewalk, park, parkway or other public place which is open to travel, any hay, straw, paper, wood, boards, boxes, leaves, manure or other rubbish or material.

 

    6. Fire Works No person, firm or corporation may offer fireworks for sale to individuals at retail before the twenty-seventh day of June and after the fifth day of July. Retail sales are not permitted after twelve o’clock a.m. or prior to seven o’clock a.m. from the twenty-seventh day of June through the fifth day of July. It is unlawful for a person to discharge fireworks in the City limits except during the period beginning June twenty-seventh and extending through July fifth and during the period beginning December twenty-eighth and extending through January first. A violation of this section is a Class 2 misdemeanor. In dry years the Council may, by Resolution ban use of fireworks within the city limits. 

    7. Sidewalks It shall be the duty of all owners of abutting property to keep all sidewalks in repair and in safe condition for pedestrians, and to build such new sidewalks as by the Common Council lawfully directed, and upon notice must so do. It shall be the duty of all owners of abutting property to keep sidewalks free from snow, ice, or dirt and rubbish, to remove such encumbrances immediately upon notice from the Mayor or his/her designee. 

    8. Dilapidated Building or Structure  Any building or structure which is kept or maintained in an unsafe, incomplete, abandoned, damaged, or dilapidated condition. 

    9. Household Appliances  Household appliances, fixtures and furniture including, but not limited to, items such as stoves, refrigerators, freezers, sinks, cabinets and other kitchen appliances, bedroom furniture, mattresses, tables, chairs, clothes washing and drying machines, bathroom appliances and fixtures, light fixtures, washtubs, when such items are stored, collected, piled or kept on property other than the premises of a business enterprise operated in a lawful place and manner when necessary to the operation of such business enterprise, and are not stored inside a building; except that patio furniture or other furniture designed for outdoor use shall not constitute a nuisance when kept in a residential district and in view of adjacent properties or public rights-of-way.

    10. Fire Hydrants, etc.  The existence of any vines or climbing plants growing into or over any public hydrant, utility pole or transformer, or the existence of any shrub, vine or plant growing on, around, or in front of any hydrant, standpipe, or any other appliance or facility provided for fire protection purposes, in such a way as to obscure the view thereof or impair the access thereto. 

    11. Junk and Abandoned Motor Vehicles No person shall keep abandoned, wrecked, dismantled, inoperative, junk, partially dismantled or unlicensed motor vehicles, unless stored in an enclosed building, secluded behind an approved privacy fence at least six feet high, or under an approved car cover. “Motor vehicle” means any vehicle which is self-propelled (or designed to be towed by a self-propelled vehicle) and designed to travel along the ground and shall include, but not be limited to, automobiles, buses, motorbikes, motor scooters, trucks, tractors, farm machinery, construction equipment, go-carts, golf carts, campers and trailers. “Junk motor vehicle means any motor vehicle, as defined in this section, the condition of which is wrecked, dismantled, partially dismantled, inoperative, (unable to move seventy-five (75) feet under its own power), abandoned or discarded.  The absence of a current license on any motor vehicle shall be deemed to be evidence in support of a finding that the same is a junked motor vehicle.  Included in junk is any deteriorated, wrecked or derelict property in unstable condition having no value other than nominal scrap or junk value, if any, and which has been left unprotected from the elements outside of a permanent structure.  Included without being so restricted are trailers, boats, machinery, refrigerators, washing machines, plumbing fixtures, furniture, appliances, and any other similar articles in such condition.  No person shall leave a vehicle within the public right of way which interferes with City’s regular maintenance duties or snow removal. Any person parking any motor vehicle within the public right of way does so at their own risk and without the City’s specific or implied consent. 

    12. Undressed Hides Undressed hides kept longer than twenty-four (24) hours, except at the place where they are to be manufactured or in a storeroom or basement whose construction is approved by the health department.  All carcasses of animals remaining exposed one hour after death, excepting legally caught and tagged game, which shall be disposed of within twenty-four (24) hours; and all green or salted hides left deposited in any open place. 

    13. Dead Animals For the owner of a dead animal to permit it to remain undisposed of longer than twenty-four (24) hours after its death.

    14. Garbage and Refuse  Depositing, maintaining or permitting to be maintained or to accumulate upon any public or private property, any household waste water, sewage, garbage, offal or excrement, any decaying fruit, vegetables, fish, meat or bones, or any foul, putrid, or obnoxious liquid substance.

a) Household waste including, but not limited to, items such as paper, rags, trash, garbage, discarded clothing, shoes, curtains, linens and other apparel, tin cans, aluminum cans, plastic containers, glass containers, cleaning utensils, cooking utensils, and discarded household fixtures, when such items are stored, collected, piled or kept on private or public property, and in view of adjacent properties or public rights-of-way;

b) All slop, foul or chemically polluted water, liquor or beer washings, all filth, refuse or offal discharged through drains or spouts or otherwise thrown or deposited in or upon any street, alley, sidewalk, public way, lot, park, public square, public enclosure, or any pond or pool of water;

c) Throwing or leaving any dead animal or decayed animal or vegetable matter or any slops or filth whatsoever, either solid or fluid, in any pool of water;

d) All vegetables, vegetable matters, or other articles that emit or cause an offensive, noxious or disagreeable smell or odor; and any compost pile which is of such a nature as to spread or harbor disease, emit unpleasant odors or harmful gas, or attract rodents, vermin, or other disease carrying pests, animals, or insects, except that the presence of earthworms in a compost pile shall not constitute a nuisance. 

15. Building Materials Used building materials and waste, including, but not limited to, such items as lumber, plaster, old iron or other metal, concrete, brick and tile, piles of rock, sand, dirt or gravel when not used for landscaping purposes, doors, windows, and scrap or salvage building materials, when such items are stored, collected, piled or kept on property other than the premises of a business enterprise operated in a lawful place and secure manner when necessary to the operation of such business enterprise and are not stored inside a building; except for building materials that are temporarily stored for work on the premises authorized by a valid building permit obtained for the premises, provided that such used or waste building materials shall not remain on the premises more than thirty (30) days after the expiration of the building permit. 

16. Plants The existence of any tree, shrub or foliage, unless by consent of the City, which is apt to destroy, impair, interfere with, or restrict visibility on, free use of or access to any street, sidewalk, sewer, utility or other public improvement. 

17. Weeds.  No owner or occupant shall allow any weeds or plants to grow that are declared to be dangerous or noxious weeds by the South Dakota Department of Agriculture or the State Weed Commission.  Grass and weeds that are non-noxious shall not be allowed to grow to a height of more than eight (8) inches or which have gone or are about to go to seed.  Fallen tree limbs, dead trees, and dead tree limbs which constitute a health, safety or fire hazard are declared a nuisance.  This section does not prohibit the cultivation of crops or vegetation grown in a livestock pasture, wildflower display garden or undeveloped, unpopulated area.

The Director of Public Works, will at the beginning of or during the growing season, by public notice, require all weeds and tall grass on any lot within the city to be cut . Notice need not be given personally, but will be given generally by one publication in the official newspaper. Such notice shall provide that each owner, occupant or person in charge of any lot within the city shall cut and remove all noxious weeds, and keep grass and other weeds cut from alley to street even in the right of ways as to prevent aforementioned problems from occurring. Failure to keep such weeds and grass cut will cause the same to be cut and assess the costs thereof against the property benefited. One such notice shall be sufficient for each growing season.

If Public Works has to mow any private property, the minimum fee is $100.00 and $80.00/hour after the first hour and $50.00/ hour for each additional person required to complete the job. If said property has to be mowed a second time and the fee has been paid within 10 days of the bill the fee will remain the same. If the fee is not paid within 10 days of the bill the minimum fee will increase to $200.00 and $200.00/hour following the first hour. The fee will be $100.00/hour for each additional person required to complete the job. If the fee is not paid, the fee will be attached to the property and it must be paid prior to transfer of ownership.                                                                     

18. Notice of Violation.  Whenever an authorized representative of the City finds that a nuisance exists within the City, other than mowing, the representative can either have the nuisance abated immediately or have the City send a notice of violation to the person creating, permitting, or maintaining such nuisance. Note: Within Mobile Home Parks, the mobile home park owner (Owner of the Mobile Home Court) will also receive the abatement notice and any violations and fines that the tenant receives will also apply to the mobile home park owner, who will pay the fines plus any costs and attorney’s fees against the property, if they do not pay the accumulated costs, it will be added to their property taxes by special assessment.  The notice of violation shall state the following:

1.  Name and address of the property owner;

2. The address and/or legal description of the property upon which the nuisance exists;

3. Nature of the violation and section of City ordinance which is violated;

4. A statement that the person has ten (10) days to abate the nuisance and/or appeal the notice of violation, in writing, to the common council for the City of New Underwood;

5. A statement that if the violation is not corrected, the City may issue a criminal complaint, pursue civil action, and/or abate the nuisance and charge the costs of abatement plus any costs and attorney’s fees against the property by special assessment;

6. Said written appeal must be received at City Hall in writing no later than 3:00 p.m. on the tenth (10th) day from the notice of violation.

The notice of violation may be served by personal service, certified mail, or, if the address or location of the offending party cannot be ascertained, such notice may be served by conspicuously posting a copy of the notice of violation upon the premises where the nuisance exists. After the time for voluntary abatement has expired, an authorized representative shall re-inspect the offending property to determine if the nuisance was abated.

Appeals to Common Council

If the alleged offending party files an appeal to the common council in a timely manner, the common council shall have no less than three (3) days, but no longer than the next scheduled meeting as long as the 3 day requirement is met in which to conduct a hearing to review the alleged nuisance. A decision shall be made by the common council and the appealing party will be notified of the decision within ten (10) days of said hearing. 

If the common council determines that a nuisance exists after an appeal hearing, a criminal citation may be issued to the offending party and/or the City may abate the nuisance and charge the costs of abatement plus any costs or attorney fees against the property by special assessment.

If the common council determines that a nuisance does not exist, no further action will be taken by the City.

If the alleged offending party does not appeal the notice of violation to the common council and/or fails to abate the nuisance within ten (10) days of the notice of violation, a City Official or Sheriff Deputy may issue a criminal citation for violation of this ordinance to the landowner and/or the person who created, permitted or maintained the nuisance. The City may also abate the nuisance and charge the costs of abatement plus any costs or attorney fees against the property by special assessment.  An authorized City representative may secure the services of a contractor to abate the nuisance. .

Upon completing abatement of the nuisance, the City shall bill the landowner for all related receipts, administrative, legal and investigative fees and expenses. If the landowner fails, neglects or refuses to pay this bill within thirty (30) days, the City finance officer shall file a special assessment against the property for the abatement costs that have not been reimbursed to the City. 

SECTION B. ANIMALS 

Definitions

The following words and terms as used in this chapter, unless context requires, shall mean and are defined as follows:

A.   "Animal" means tamed, domesticated and other animals, including but not limited to dogs, cats, horses, sheep, swine (including China Pigs), mammal, reptile, insect (this does not include commercial apiaries, who are licensed through the state), bird or amphibians, and other pets, both male and female, and whether in the singular or plural; provided, however, that some of the following sections relate only to dogs.

B.   “Wild animal” means any live turkey, deer, elk, raccoon, skunk, fox, poisonous snake, leopard, panther, tiger, lion, or lynx which can normally be found in the wild state.

C.   "Dangerous animal" means any animal that, by itself or by environmental circumstances, at the determination of the board, any agent of a humane society, or any law enforcement officer, is a threat to the physical well-being of other owned animals or humans. (SDCL 40-1-1).

D.   “Vicious animals” means animals with an existing propensity to attack or bite human beings or other animals, which is known, or should reasonably be known, to the owner. For the purpose of this chapter, a vicious dog is any dog which, when unprovoked, in a vicious, or terrorizing manner, approaches in an apparent attitude of attack, bites, inflicts injury, assaults, or otherwise attacks a human being upon the streets, sidewalks, or any public grounds or places; (or) any dog which, on private property, when unprovoked, in a vicious, or terrifying manner, approaches in an apparent attitude of attack, bites, inflicts injury, or otherwise attacks a mailman, meter reader, serviceman, journeyman, delivery man, or other employed person 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 or occupant of such private property.

E.   Removed 6/4/14

F.   Removed 6/4/14

G.   "Vicious behavior" is any behavior which is clearly violent, ferocious, untamed, or savage.

H.   "Owner" means and includes any persons or persons, firms, associations, or corporations owning, keeping, or harboring an animal within the corporate limits of the City.

I.   "Proof of vaccination against rabies" means by written statement thereof issued by a licensed veterinarian or other duly authorized personnel having such authority.

J.   “At large” any animal shall be deemed to be “at large” when it is off the property of its owner and not under the immediate control of its owner or custodian by means of a leash, under verbal control, or is securely confined in a vehicle.

K.   “Public nuisance” means any animal or animals which:

     1. Molests passersby or passing vehicles;

     2. Attacks other animals;

     3. Damages private or public property;

     4. Is repeatedly at large;

     5. Is noisy to the annoyance or harassment of an inhabitant or inhabitants of the City.

     6. littering yards, scattering trash and garbage

L.   “Neglect of animal” means the failure to provide food, water, protection from the elements, adequate sanitation, adequate facilities, or care generally considered to be standard and accepted for the animal’s health and well-being consistent with the species, breed, physical condition, and type of animal.

M.   “Torture” means every act, omission or neglect whereby unnecessary or unjustifiable pain or suffering of an animal is caused or permitted. 6.04.120 Animal care.

N.   “Fowl” Any duck, goose, guinea fowl, poultry, turkey, or other domestic fowl. Shall only be kept on land zoned agriculture. A maximum of 5 female chickens per residence will be allowed.

O.   “Livestock” Any horse, cow, mule, donkey, swine, sheep, goat, buffalo, or any other animal determined by the Council not to be domestic. Shall only be kept on land zoned agriculture. Any livestock present at the passage of this ordinance shall be permitted to remain within the city limits till they either die or are sold. Said livestock cannot be replaced.

P.   “Feral animal” means livestock, or pets not effectively controlled by any person, and exhibiting predatory, scavenger, or vicious tendencies.

Q.   “Proper enclosure” A secure confinement in an enclosed or locked facility suitable to prevent a dangerous animal from escaping and to prevent any physical threat to the well-being of any other animal or human. (SDCL 40-1-1)

Licensing and registration

All dogs of the age of six (6) months or older which are kept, harbored, or maintained by their owners within the City shall, within thirty (30) days of reaching such age or within thirty (30) days after being in the City, be licensed and registered at follows:

A. Dog registration and issuance of dog licenses shall be kept in City Hall in the manner following:

1. Proof that the dog has a current rabies vaccination (serum or shot) unless owner has a letter from a qualified veterinarian starting the reason for not having the vaccination.

2. Whereupon a dog license shall be issued at a fee of three (3) dollars to the owner. Owners are required to provide (a) the dog's approximate weight, breed, sex, color of hair or wool, and call name; and (b) the owner's name, address, and telephone number;

B. All such dog licenses shall be good for a two (2) year period.   The provisions of this section shall not apply to dogs within the City whose owners are non-residents and are only temporarily within the City.

Tag and collar.

The City Finance Officer or designee, upon registration of the dog, shall issue to the owner a license certificate and metallic tag for each dog so licensed. The tag shall be stamped thereon the year for which it was issued and the number corresponding with the number on the certificate; and it is further provided:

A. That every owner shall be required to provide each dog with a collar to which the license tag must be affixed and shall see that the collar and tag are constantly worn by the dog.

B. Dog tags shall not be transferable from one dog to another and no refund shall be made on any dog license fee because of the death of the dog or the owner leaving the City before the expiration of the license.

 Running at large prohibited.

It shall be unlawful for the owner of any animal, male or female, to allow such animal to run at large and off the owner's premises within the City.

Removal of animal waste.

A. Any person who possesses, harbors or is in charge of any dog, cat or other animal shall immediately remove excrement deposited by said animal upon a public thoroughfare, street, bike path, play area, park or upon the private property of another without the owner/tenant's permission.

B. This section shall not apply to service animals used by individuals with physical or visual impairments, police or other law enforcement officers.

C. Any person found guilty of violation this section may be punished under the general penalty provision of this Code. 

Animals as nuisance.

It shall be unlawful for any person who is the owner, keeper, or harborer of dogs or animals to permit one or more of the dogs or animals to be or to create a nuisance. Any dog or animal violating this section may be impounded.

Alternative to impoundment.

In lieu of impounding an animal, officials shall have discretion to issue a citation/complaint to the owner or keeper of any animal violating any provision of this chapter unless the animal has bitten an animal or person or is suspected to be suffering from rabies or other infectious disease.

Abusing leashed or confined animals.

It shall be unlawful to inhumanly treat, neglect, torture, abuse, strike at, antagonize, or tease any animal under control by a leash or confined upon the owner's premises.

Entering upon private property.

Whenever any law enforcement officer, while pursuing an animal in violation of this chapter and such animal is on or goes on any private property other than the property of the animal's owner, then such officer is authorized and warranted to go on such private property for purposes of catching or retrieving such animal for impounding. 

Entry upon private property of animal's owner.

ANY OFFICER OF THE LAW WITHOUT PERMISSION FROM THE PROPERTY OWNER:

     A. May enter upon the private premises to apprehend a stray animal, a vicious animal, a wild creature or an animal suspected of being infected with rabies.   

     B. May enter upon private premises to investigate complaints of irresponsibility or inhumane animal care. 

     C. May enter upon private premises to seize, impound, or dispose of any vicious animal of any kind when necessary for the protection of any person or animal. 

If any dangerous, fierce or vicious animal is found at large and cannot be safely taken up and impounded, such animal may be slain by any officer or agent. Proof of the fact that such animal has attacked or bitten any person or animal at any place where such person or animal is legally entitled to be shall be evidence that such animal is vicious, fierce and dangerous within the meaning of this chapter.

Any animal attacking any person or persons, or clothing of the persons, in a vicious manner, may be destroyed immediately to protect the safety of that person or persons. Should the animal not be destroyed, and the owner or custodian of the animal is located, the owner may be fined in accordance with ordinances governing the endangering of safety.

 No person shall permit any wild, feral, dangerous, vicious animals, of any type to remain upon property owned, or occupied, by the person within the city.

Dangerous and potentially dangerous animals

1. When the City receives a complaint from any citizen or employee of the City that an animal is acting in a vicious manner, law enforcement shall be notified.
2. If it is determined that the animal is a dangerous or potentially dangerous animal it shall be removed from within the City boundaries unless the following conditions are met:

    a) Leash- No person having charge, custody, control or possession of a potentially dangerous animal shall allow the animal to exit its kennel, pen or other proper enclosure unless the animal is securely attached to a leash not more than 4 feet in length.  No such person shall permit a potentially dangerous animal to be kept on a chain , rope or other type of leash outside its kennel or pen unless a person capable of controlling the animal is in physical control of the leash.

    b) Muzzle- It is unlawful for any owner or keeper of a potentially dangerous animal to allow the animal to be outside of its proper enclosure unless it is necessary for the animal to receive veterinary care or exercise. In such cases, the animal shall wear a properly fitted muzzle to prevent it from biting humans or other animals. The muzzle shall not interfere with the animal’s breathing or vision.

    c) Confinement- Except when leashed and muzzled as provided in this section, a potentially dangerous animal shall be securely confined indoors or confined in a locked pen or other secure enclosure that is suitable to prevent the animal from escaping. The enclosure shall include shelter and protection from the elements and shall provide adequate exercise room, light and ventilation. The enclosed structure shall be kept in a clean and sanitary condition and shall meet the following requirements:

        1) The structure must have secure sides and a secure top.

        2) The structure must have a bottom permanently attached to the sides or the sides must be embedded not less than 1 foot into the ground.

        3) The structure must be of a material and closed in a manner that the animal cannot exit the enclosure on its own.

    d) Indoor Confinement- No potentially dangerous animal shall be kept on a porch, patio or in any part of a house or structure that would allow the animal to exit the building on its own volition. In addition, no potentially dangerous animal shall be kept in a house or structure when screen windows or doors are the only obstacle preventing the animal from exiting the structure.

    e) Signs- All owners, keepers or harbors’ of potentially dangerous animals shall display in a prominent place on any entrance to their premises a sign easily readable by the public using the words “Beware of [type of animal]”.

    f) Sterilization- All potentially dangerous animals shall be permanently altered so that they are unable to reproduce. For male animals, sterilization shall mean castration.

    g) Obedience class- The owner or keeper of a potentially dangerous animal shall, with the potentially dangerous animal, attend an obedience training course of a duration not less than 4 weeks. This must be completed within 8 weeks of the animal being deemed a potentially dangerous animal, and proof of attendance shall be submitted to the city within that time.

    h) Collar- A colorfast, fluorescent green colored vest of sufficient and standard design as to easily identify the animal as a potentially dangerous animal shall be purchased by the owner of the potentially dangerous animal. The vest shall be worn whenever the animal is outside of the owner’s house to clearly and easily identify it as a potentially dangerous animal.

    i) Notification of escape- The owner or keeper of a potentially dangerous animal shall notify the city immediately if the animal escapes from its enclosure or restraint and is at large. The immediate notification shall also be required if the animal bites or attacks a person or domestic animal or livestock.

    j) Failure to comply- It is unlawful and a Class II misdemeanor for any owner of a potentially dangerous animal to fail to comply with the requirements and conditions set forth in this section. Any animal found by the city to be in violation of this section shall be immediately seized and impounded, and if this cannot be done safely, such animal may be slain by any officer.

C.        Any owner of a potentially dangerous animal who sells or otherwise transfers ownership, custody or residence of the animal shall, within 10 business days after the change of ownership or residence, provide written notification to the city of the name, address and telephone number of the new owner. It also shall be the responsibility of the person transferring ownership or custody of the animal to provide written notification of the animal’s classification as potentially dangerous to the person receiving the animal. The previous owner shall furnish a copy of the notification to the city along with written acknowledgment by the new owner of his or her receipt of the notification. The new owner, if a New Underwood Resident, shall notify the city of any changes of ownership, custody or residence of the animal within 3 business days after receiving the required information from the previous owner.

 The person receiving an animal classified as potentially dangerous must obtain the required enclosure prior to acquisition of the animal. The new owner shall comply fully with the provisions of this section pertaining to control and ownership of a potentially dangerous animal.

Any animal that has been declared potentially dangerous by Pennington County or any other municipality, county or state shall be subject to the provisions of this section.

Liability for death.

Should any animal die while in the possession of any person, such person shall not be liable for the loss, unless the animal’s death was the result of mistreatment or willful neglect.

Cruelty to animals.

A. If a shelter with a chain is used as a primary enclosure for a dog kept outdoors, the chain used shall be so placed or attached that it cannot become entangled with the chains of other dogs or any other objects. Such chain shall be at least three times the length of the dog as measured from the tip of its nose to the base of its tail and shall allow the dog convenient access to shelter.

B. Animals shall be fed at least once each day except as otherwise might be required to provide adequate veterinary care. The food shall be free from contamination, be wholesome, palatable and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal

C. Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once and attempt to locate the animal’s owner; in the event the owner cannot be ascertained and located such operator shall at once report the accident to the appropriate law enforcement agency or the local humane society.

D. Unattended animals in standing/parked vehicles: It shall be deemed a violation of this Ordinance for any person to leave an animal unattended in a standing or parked vehicle in a manner that endangers the health or safety of such animal.  The owner or operator of a vehicle containing an unattended animal will be contacted if possible before reasonable force may be used to remove such animal by law enforcement officer.  Removal of such animal shall not constitute an offense, nor shall such person be held civilly or criminally liable for any damage caused by removing the animal from the vehicle.

E. Fights between animals: It shall be deemed a violation of this Ordinance for any person to willfully allow any animal to fight, worry, or injure another animal, nor shall any person keep any house, pit, or other place to be used in permitting any fighting, worrying, or injuring of animals.

No person shall own, keep, or maintain a wild animal(s) unless such animal is participating in a circus, menagerie, carnival, show, exhibition, or parade, provided that such animal(s) shall only be allowed for said purpose for the length of time necessary to participate in said event.

Killing of animals: No person shall perform the act of poisoning or killing any domestic animal in the City limits unless an officer or agent has to kill the domestic animal in performance of his/her duty.

No building or enclosure for use in sheltering or keeping of livestock or fowl shall be allowed within one hundred and fifty feet (150’) of any dwelling or building used for human habitation other than the owner of said livestock. Any building or enclosure used in sheltering or keeping livestock or fowl present at the passage of this ordinance shall be permitted to remain within the city limits as long as it meets the designated setbacks for that district, and meets the requirements of definition of “O” above. 

No person shall keep or maintain any land, building, or enclosure where livestock is kept unless said land, building, or enclosure is kept at all times in a clean, neat, and sanitary condition and free from substances that attract rodents or insects. It is deemed an unsanitary condition for pastures and grazing areas to be grazed or trampled to the extent that a majority of the grass is destroyed, resulting in bare or weed-infested ground.

Owners of animals that are issued citations shall pay the fee as stated in this section, for the first offense (warning) for a second offense $25.00, for the third offense $50.00 and for the fourth offense the animal will be impounded. If the animal’s owner cannot be determined the animal will be impounded and taken to the Animal Shelter.

SECTION C: CURFEW

It shall be unlawful for any minor under the age of sixteen (16) years to be or remain upon any public place between 10:30 p.m. and 5 a.m., and for any minor sixteen (16) years or older to be or remain upon any public place between 12:00 midnight and 5:00 a.m., unless accompanied by his or her parent or legal guardian. Any minor in violation of this ordinance shall be subject to detention pending release to or at the direction of said minor’s parent or legal guardian.  Upon 2nd violation of the Ordinance, the necessary action will be taken to turn the matter over to the juvenile authorities.

It shall likewise be unlawful for any parent or guardian having custody of any minor to permit said minor to be or remain upon any public place in violation of the above curfew hours unless accompanied by a parent or guardian.

For those minors in attendance at such events, the curfew hour shall be extended to one-half hour beyond the conclusion of any event sponsored or sanctioned by any of the following organizations: New Underwood School District, New Underwood youth Recreation, Inc., Boy Scouts of America, the City of New Underwood, and any organized church or religious institution.

For purposes of this Ordinance, “public place shall mean any place whether within or without a building commonly and customarily open to or used by the general public including but not limited to any sidewalk, street, alley, highway, park, rodeo grounds, playgrounds, or vacant lot. 

SECTION D. OPEN CONTAINER

It shall be unlawful for any person to possess an alcoholic beverage in an unsealed container or in an open receptacle in any public place other than upon the premises of a licensed on-sale dealer where such alcoholic beverage was purchased from such dealer for on-sale purposes.

For purposes of this ordinance, “public place” shall mean any place whether within or without a building commonly and customarily open to or used by the general public including but not limited to any sidewalk, street, alley, highway, park, rodeo grounds, or vacant lot.

Any person violating the provisions of this ordinance is guilty of a misdemeanor and upon conviction thereof is punishable by a fine of not more than $100.00. The definition of the terms contained herein shall be those as set forth in SDCL 35-1-1 incorporated herein by this reference.

 

(seal)

                                                                                   Jack W. Trullinger, Mayor  

 

Meri Jo Anderson, Finance Officer                                                   

 

First reading: February 1, 2012

Second reading: February 15, 2012

Publish date: February 23, 2012

Effective date: March 14, 2012

Amendments: 14-08; 14-04; 16-05; 20-01 have been inserted