TITLE 5 -- OFFENSES
Chapter 5.01 - Offenses Against Public Welfare
Chapter 5.02 - Animals
Chapter 5.03 - Fireworks and Firearms
Chapter 5.04 - Minors
Chapter 5.05 - Noise
CHAPTER 5.01 - OFFENSES AGAINST PUBLIC WELFARE
5.01.01 Disorderly Conduct. A person shall be guilty of disorderly conduct if, with the purpose of causing public danger, alarm, disorder, nuisance, or if his conduct is likely to cause public danger, alarm, disorder or nuisance, he willfully does any of the following acts in a public place:
A. Commits an act in a violent and tumultuous manner toward another whereby that other is placed in danger of life, limb or health;
B. Commits an act in a violent and tumultuous manner toward another whereby the property of any person is placed in danger of being destroyed or damaged;
C. Causes, provokes or engages in any fight, brawl or riotous conduct so as to endanger the life, limb, health or property of another, except in exhibitions duly authorized and licensed by law;
D. Interferes with another's pursuit of a lawful occupation by acts of violence;
E. Obstructs, either singly or together with other persons, the flow of vehicular or pedestrian traffic and refuses to clear such public way or place when ordered to do so by a law enforcement officer or other authorized official;
F. Is in a public place under the influence of an intoxicating liquor or drug in such a condition as to be unable to exercise care for his own safety or the safety of others;
G. Resists or obstructs the performance of duties by a law enforcement officer or other authorized official;
H. Incites or attempts to incite a riot;
I. Addresses threats of violence to any law enforcement officer, or any other authorized official of the City who is engaged in the lawful performance of his duties, or any other person when such words have direct tendency to cause acts of violence;
J. Damages, befouls or disturbs public property or the property of another so as to create a hazardous, unhealthy or physically offensive condition;
K. Makes or caused to be made any loud, boisterous, and unreasonable noise or disturbance to the annoyance of any other persons nearby, or near to any public highway, road or common, whereby the public peace is broken or disturbed or the traveling public annoyed;
L. Fails to obey a lawful order to disperse by a law enforcement officer or other authorized official, where one or more persons are committing acts of disorderly conduct in the immediate vicinity;
M. Trespasses on or into the City swimming pool area during hours when the City swimming pool is officially closed.
As used in these ordinances, the following definitions shall apply:
1. "Public place" shall mean any place to which the general public has access for business, entertainment, or other lawful purpose, but does not necessarily mean a place devoted solely to the use of the public. It shall also include the front or immediate area of any store, shop, restaurant, tavern or other place of business and also public grounds, areas or parks.
2. "Riot" shall mean any public disturbance involving one or more of the following:
a. An act or acts of violence by one or more persons part of an assemblage of three or more persons, which act or acts shall constitute a clear and present danger of, or shall result in, damage or injury to the property of another person or to the person or any other individual;
b. A threat or threats of the commission of an act or acts of violence by one or more persons part of an assemblage of three or more persons having, individually or collectively, the ability of immediate execution of such threat or threats, where the performance of the threatened act or acts of violence would constitute a clear and present danger of, or would result in, damage or injury to the property of any other person or to the person of any other individual.
3. "Inciting riots" shall mean urging or instigating other persons to riot. This term shall not mean the mere oral or written advocacy of ideas or expression of belief, so long as such advocacy does not include advocacy for an act or acts of violence or assertion of the rightness, or the right to commit, any such act or acts. This Section shall not be construed to suppress the right of lawful assembly, picketing, public speaking, or lawful means of expressing public opinion not in contravention with other laws. (SDCL 9-29-2 and 22-13-1)
5.01.02 Open Containers. It shall be unlawful to drink any beer or alcoholic beverage, or to possess any container containing beer or any alcoholic beverage on which the seal has been broken, in any public place, vacant building, automobile, street, alley, sidewalk or place of amusement or business establishment not authorized to sell beer or alcoholic beverages, unless approved by the City Council. (SDCL 35-1-5.3, SDCL 35-1- 9.3)
5.01.03 Injury or Removal of Public or Private Property. No person shall willfully, maliciously, wantonly, negligently, or otherwise injure, deface, destroy, disturb, or remove real property or improvements thereto or moveable or personal property, including official signs, belonging to the City or to any person in the City. (SDCL 22-34-1)
5.01.04 Tampering in General. No person in the City shall tamper with, injure, deface, destroy or remove any sign, notice, marker, fire hydrant, topographical survey marker or monument, or any other personal property erected or placed by the City. (SDCL 22-34-1)
5.01.05 Indecency. It shall be unlawful for any person within the City to:
A. Knowingly disseminate, distribute or make available to the public any obscene materials;
B. Knowingly engage or participate in any obscene performance made available to the public;
C. Knowingly engage in commerce for commercial gain with materials depicting and describing explicit sexual conduct, nudity, or excretion utilizing displays, circulars, advertisements and other public sales efforts that promote such commerce primarily on the basis of the prurient appeal;
D. Appear in any public place in a state of nudity, in indecent dress or make any indecent exposure of his or her person or be guilty of any lewd or indecent act or behavior. (SDCL 9-29-9; 22-24)
As used in this Section, the following definitions shall apply:
1. "Obscene" shall mean that, to the average person applying contemporary community standards taken as a whole, the predominant appeal of the material appeals to the prurient interests, and meets one or both of the following conditions:
a. The material depicts or describes patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated;
b. The material depicts or describes patently offensive representations or descriptions of masturbation, excretory functions, or lewd exhibits of the genitals, and which, taken as a whole, lacks serious literary, artistic, political or scientific value.
2. "Prurient interest" shall mean shameful or morbid interest in nudity, sex or excretion which goes substantially beyond customary limits of candor in description or representation.
3. "Material" shall mean any book, magazine, newspaper or other printed or written material or any picture, drawing, photograph, motion picture or other pictorial representation or any statue or other figure, or any recording, transcription or mechanical, chemical or electrical reproduction or any other articles, equipment or machines.
4. "Dissemination" shall mean to transfer possession of, with or without consideration.
5. "Knowingly" shall mean the condition of being aware of the character and content of the material.
6. "Promote" shall mean to cause, permit, procure, counsel or assist.
5.02.01 Running At Large Prohibited. No owner of any animal held as a domestic pet in the City shall permit such animal to run or be at large at any time. Any such animal found at large may be impounded. Upon impounding, the owner of such animal may at any time within 5 working days after the same shall have been impounded, reclaim the animal by paying the expense of keeping such animal. No animal shall be released to its owner or any other person unless such person shall provide proof of vaccination. If any animal so impounded shall not be reclaimed within 5 working days and all reasonable efforts to locate the owner have failed, the City is authorized to destroy, sell, or otherwise dispose of such animal.
Any owner allowing their animal to run at large shall be guilty of a misdemeanor.
For the purpose of this Chapter, an animal shall be deemed “at large” if it is off the owner’s property and is neither leashed nor restrained by a kennel.
5.02.02 Impoundment. The City Council shall be authorized to enter into a contract with some person, association or Humane Society to establish, operate and maintain an Animal Pound for the City. Such contract shall provide for the enforcement of this Chapter, for the impounding, destroying and disposal of animals, for a schedule of fees to be charged for services rendered, and for a monthly amount to be paid by the City. The City may, in lieu of the provisions of this Section, maintain its own impoundment area, animal quarters and fee schedule, under the supervision of the City Council or local law enforcement officials.
No person shall hinder, delay, or obstruct any law enforcement officer or other authorized official when engaged in capturing, securing or impounding any animal.
5.02.03 Compulsory Immunization of Animals for Rabies. Every animal held as a domestic pet in the City, 6 months of age or older, shall be immunized against rabies by a licensed veterinarian. Immunization against rabies shall be given at 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 at least 6 months of age shall have such animal immunized against rabies within one month following acquisition.
Any animal impounded shall not be released to any person until such animal has been immunized against rabies, provided, however, no animal so impounded shall be immunized if the owner can present a certificate of a current immunization having been previously performed.
All veterinarians or other qualified persons designated to immunize animals against rabies shall provide the owner at the time of immunization with a certificate or metallic tag showing the date of the immunization.
Whenever metallic tags are so given for immunizations, such metallic tags shall be worn by all animals on a collar, harness, or chain when off the premises of the owner.
5.02.04 Responsibility of Owner to Place Animal for Observation. When any person owning or harboring an animal has been notified that said animal has bitten or attacked any person, the owner shall within 24 hours place the animal under the care and observation of a law enforcement officer or a licensed veterinarian for a period not less than 10 days.
At the end of the 10 day observation period, the animal shall be examined by a licensed veterinarian and if cleared by the veterinarian, may be reclaimed by the owner upon paying the expenses incident thereto.
Any animal impounded or placed for observation, showing active signs of rabies, suspected of having rabies, or known to have been exposed to rabies, shall be confined under competent observation for such time as may be deemed necessary to determine a diagnosis.
No person shall knowingly harbor or keep any animal infected with rabies or any animal known to have been bitten by an animal known to have been infected with rabies.
Any person within the City receiving information or reports of suspected rabies in wild animals or domestic animals shall report such information to a law enforcement officer.
Whenever law enforcement officer or other authorized official shall have determined that there is danger of the existence or spread of rabies in the City, such facts shall be made known to the City Council. The Council, upon receipt of said facts, may by proclamation, in the interest of public safety and general welfare of the citizenry, order all animals muzzled when off the premises of the owner. 48 hours after the approval of said proclamation all animals found off the premises of the owner unmuzzled shall be seized and impounded or may be immediately destroyed if all reasonable efforts to seize said animals fail. All animals seized and impounded shall be held for observation as hereinbefore provided for not less than 10 days, and if cleared by a licensed veterinarian, may be claimed by the owner upon paying the expenses incidental thereto. Any animal not claimed may be disposed of as hereinbefore provided.
5.02.05 Vicious, Dangerous, Endangered, and Exotic Animals. No person shall keep or have under their control any vicious, dangerous, or endangered animal.
Any person intending to keep or have under their control an exotic animal shall first obtain a permit from the City. Such permit shall be issued only after the City Council determines the animal does not constitute a danger to human life or property if it escapes from secure quarters, and does not pose a health risk to humans or other animals.
A. Definitions.
1. “Vicious animal” shall mean any animal which:
a. according to records of the appropriate authority, has inflicted serious injury on a human being on public or private property;
b. according to records of appropriate authority, has killed or seriously injured a domestic animal while off the owner’s property;
c. is kept or possessed primarily or in part for the purpose of fighting, or any animal trained for fighting;
d. chases or approaches a person upon the streets, sidewalks, or any public or private property in a menacing fashion or apparent attitude of attack; or
e. has a known propensity, tendency, or disposition to attack, to cause injury, or to otherwise threaten the safety of human beings or animals.
2. The following specific canine breeds, mixed-breeds, and cross-breeds are hereby defined as vicious:
a. Staffordshire Bull terrier, or any dog commonly known as "Pitbull"
b. Rottweiler
c. Doberman Pincer
d. Wolf
3. “Dangerous Animal” shall mean:
a. any mammal, reptile or fowl which is not naturally tame or gentle, but is of a wild nature or disposition, and which because of its size, nature, or other characteristics (such as being poisonous or carnivorous) would constitute a danger to human life or property if it escaped from secure quarters; or
b. any domestic mammal, reptile or fowl which because of its size or vicious propensity or other characteristic would constitute a danger to human life or property if it escaped from secure quarters.
4. “Endangered Animal” shall mean any animal classified by the appropriate Federal authority as a threatened or endangered species.
5. “Exotic Animal” shall mean any animal, excluding domesticated dogs and cats, which is not classified as vicious or dangerous, is generally considered a house pet, and may or may not be classified as domesticated. Examples include, but are not limited to, birds, potbellied pigs, nonpoisonous snakes, and ferrets.
B. Exemption for Provoked Animals. No animal shall be declared vicious if the threat, injury or damage was sustained by a person who at the time was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the animal, or was teasing, tormenting, abusing or assaulting the animal, or has, in the past, been observed or reported to have teased, tormented, abused or assaulted the animal or was committing or attempting to commit a crime.
C. Destruction or Removal of Animal After Attack. Any animal involved in an unprovoked attack which results in serious injury to any human, shall be impounded. If such animal cannot reasonably be captured, any law enforcement officer is authorized to destroy the animal to prevent further endangerment to human life. Any animal impounded for an unprovoked attack which results in injury to any human, shall be destroyed, or at the discretion of the City Council, may be placed at a home outside of the city. No vicious or dangerous animal shall be returned to reside in the City.
5.02.06 Disturbance of Peace by Animals. The owner of an animal shall not allow such animal to disturb the peace and quiet of the neighborhood, also construed to mean the City. Upon complaint such owner will be notified by a law enforcement officer and said owner shall abate such nuisance. If owner fails to abate such nuisance, said owner will be in violation of this section each day that such condition is allowed to exist or remains uncorrected.
Regardless of whether a complaint is made, if an animal can be heard at the edge of the property line, or if on public property can be heard from 50 feet away, a law enforcement officer shall be authorized to notify the owner to abate such nuisance or be in violation of this section.
Any law enforcement officer shall be authorized to remove and impound any animal which is disturbing the peace when the owner cannot be located. A notice advising the owner of such impoundment shall be left on the premises.
5.02.07 Cruelty to Animals. No person shall willfully or negligently maltreat or abuse or neglect in a cruel or inhumane manner any animal. It shall be unlawful for any person to willfully or maliciously administer or cause to be administered, poison of any sort whatsoever to any animal, on the property of another, with the intent to injure or destroy such animal, or to willfully or maliciously place any poison or poisoned food where the same is accessible to any such animal. (SDCL 9-29-11)
5.02.08 Annual Licensure. All animals kept as pets in the City shall be licensed and registered if over two months of age. Such license shall be renewed annually in January. Licenses shall be issued by the Finance Officer upon payment of a license fee of $5.00 for each neutered male or spayed female, $10.00 for each un-neutered male or un-spayed female, and $5.00 for each pet for which neutering or spaying is not applicable.
Before any license shall be issued under this Section, the applicant shall furnish a certificate of vaccination issued by a State licensed veterinarian evidencing the vaccination of the animal for which the license is desired and that the animal has been vaccinated against rabies and that such vaccination will be good for the license year.
The owner shall state at the time license application is made and upon printed forms provided for such purpose their name and address, and the name, breed, color and sex of each animal owned or kept by them. The provisions of this Section shall not apply to animals whose owners are nonresidents temporarily within the City, nor to animals brought into the city for the purpose of participating in any show, nor to "seeing eye" dogs properly trained to assist blind persons when such dogs are actually being used by blind persons for the purpose of aiding them in going from place to place.
Upon payment of the license fee, the Finance Officer shall issue to the owner a license certificate and metallic tag for each animal which shall have stamped thereon the number for which it was issued corresponding with the number on the certificate. The owner shall provide each animal with a collar to which the tag must be affixed, and shall see that the collar and tag are constantly worn. In case a tag is lost or destroyed, a duplicate will be issued by the Finance Officer upon presentation of a receipt showing the payment of the license fee for the current year, and the payment of a fee of $2.00 for such duplicate. Tags shall not be transferable from one animal to another and no refunds shall be made on any license fee because of death of the animal or the owner's leaving the City before expiration of the license period.
5.02.09 Catch Fee. The owner is liable to pay: $5.00 first catch fee, $10.00 second catch fee and each catch thereafter, $5.00 plus a per day holding fee as established by the official animal impound facility, and after 5 days the animal shall be destroyed, unless other acceptable arrangements have been made.
No animal shall be released to its owner or any other person unless such person shall provide proof of vaccination.
CHAPTER 5.03 - FIREWORKS AND FIREARMS
5.03.01 Fireworks Prohibited. The use, throwing, lighting, firing, display, or sale of fireworks within the City shall only be authorized in accordance with SDCL 34-37. The provisions of this Section shall not apply to any person, firm or corporation duly licensed by the City Council in accordance with Chapter 4.01 of this ordinance, to discharge fireworks for public entertainment at any public celebration in the City. (SDCL 9-33-1, SDCL 34-37)
The City ball diamond shall be the only authorized location for discharging, throwing, exploding fireworks. No fireworks are to be used, discharged, exploded, thrown outside of the authorized area. Professional displays may be located as necessary for public entertainment, safety.
5.03.02 Carrying Concealed Weapons. No person shall carry concealed about his person, or display in a threatening manner, any dangerous or deadly weapon including but not limited to, any firearm without a permit, brass knuckle or knuckles of other material, or any sandbag, dagger, Bowie knife, dirk knife, or other instrument or device which when used is likely to produce death or great bodily harm. Any law enforcement officer may wear or carry such weapons as may be necessary and proper for the discharge of his official duties. (SDCL 22-14-8, 22-14-9, 22-14-10)
5.03.03 Discharging Weapon. No person shall willfully discharge any pistol, gun, revolver or other firearm, including BB or pellet gun, in any public place, or in any place where there is any person to be endangered thereby, although no injury to any person shall ensue, unless authorized by the City Council.
5.04.01 Curfew Hours and Exceptions.
A. It shall be unlawful for any person 13 years of age or under to be on the streets, alleys, or public grounds of the City between the hours of 9:00 PM and 6:00 AM of the following day. The following exceptions are hereby granted:
1. Minors are accompanied by a parent or State approved legal guardian.
2. Minors are involved in an approved school function or activity, as long as they remain with the school activity.
3. Minors upon some necessary errand, by written permission of a parent. The said minor shall carry with them such written permission and shall, upon request, exhibit the same to any law enforcement officer.
4. Friday’s and Saturday’s whereby the time may be extended by one (1) hour.
B. It shall be unlawful for any person 16 years of age and under to be on the streets, alleys, or public grounds of the City between the hours of 10:00 P.M. and 6:00 AM on the following day. The following exceptions are hereby granted:
1. Minors are accompanied by a parent or State approved legal guardian.
2. Minors are involved in an approved school function or activity, as long as they remain with the school activity.
3. Minors upon some necessary errand, by written permission of a parent. The said minor shall carry with them such written permission and shall, upon request, exhibit the same to any law enforcement officer.
4. Friday’s and Saturday’s whereby the time may be extended by one (1) hour.
C. It shall be unlawful for any person 17 years of age and under to be on the streets, alleys, or public grounds of the City between the hours of 11:00 P.M. and 5:00 A.M. of the following day. The following exceptions are hereby granted:
1. Minors are accompanied by a parent or State approved legal guardian.
2. Minors are involved in an approved school function or activity, as long as they remain with the school activity.
3. Minors upon some necessary errand, by written permission of a parent. The said minor shall carry with them such written permission and shall, upon request, exhibit the same to any law enforcement officer.
4. Friday’s and Saturday’s whereby the time may be extended by one (1) hour.
D. Penalties of curfew violations shall be as follows:
1. First offense: Written warning.
2. Second offense: Fine issued to offender $25.00
3. Third offense: Fine issued to offender $50.00 – up to $100.00 thereafter.
(Amended Ordinance 493)
5.04.02 Responsibility of Parent(s) or Guardian(s). It shall be unlawful for the parent(s) or legal guardian(s) of a minor subject to the provisions of Section 5.04.01 to knowingly permit such minor to violate such Section. Upon second violation of Section 5.04.01 by a minor, the parent(s) or legal guardian(s) shall be guilty of a Class II misdemeanor.
(Amended Ordinance 493)
5.04.03 Purchase, Possession or Consumption of Alcoholic Beverages Prohibited. No person under the age of 21 years shall purchase or attempt to purchase or possess or consume alcoholic beverages; nor shall any person misrepresent his or her age for the purpose of purchasing or attempting to purchase such alcoholic beverages. (SDCL 35-9)
5.04.04 Furnishing of Beverage Prohibited. No person or alcoholic beverage licensee shall sell or give for use as a beverage any alcoholic beverage to any person under the age of 21 years, unless it is done in the immediate presence of a parent or guardian or spouse over the age of 21 years. (SDCL 35-9-1)
5.04.05 Responsibility of Law Enforcement Officers. It shall be the duty of any law enforcement officer of the City to arrest and detain any person who violates any of the provisions of this Chapter and to keep such person detained until his or her parent(s) or legal guardian(s) will appear before such officer or other authorized personnel to answer to the charge of having violated this Chapter.
5.05.01 Noises Prohibited. The following acts are declared to be in violation of this chapter:
A. Horns and Signaling Devices. Sounding of any horn or signaling device on a vehicle on any street or in any public place within the City, except as a danger warning signal, or the sounding of any such signaling device for an unnecessary and unreasonable period of time.
B. Radios, television sets, musical instruments and similar devices. Using, operating, or permitting the use or operation of any radio receiving set, television, musical instrument, drum or other machine or device for the production or reproduction of sound in such a manner as to be plainly audible at the property boundary of the source or plainly audible at 50 feet from such device when operated within a vehicle on a public right-of-way.