TITLE 6 -- STREETS, SIDEWALKS & PUBLIC PLACES
Chapter 6.01 - Street Names and Addresses
Chapter 6.02 - Streets, Sidewalks, Curb and Gutter
Chapter 6.03 - Snow Removal
Chapter 6.04 - Moving Buildings
Chapter 6.05 - Municipal Trees
Chapter 6.06 - Water Drainage
Chapter 6.07 - Municipal Swimming Pool
Chapter 6.08 - Parks and Recreation
CHAPTER 6.01 - STREET NAMES AND ADDRESSES
6.0101 Names of Streets and Avenues. The names of all streets and avenues in the City shall be fixed and adopted in accordance with the official map of the City on file in the Finance Office. All east-west thoroughfares shall be designated as streets and all north-south thoroughfares shall be designated as avenues. Other streets shall be named in accordance with guidelines included in the City subdivision regulations. Any such act of naming, establishing, or vacating any street, alley or other public way in the City shall be so designated on the map.
6.01.02 Numbering Plan. A street numbering plan for residences and businesses shall be maintained by the City. A listing of the assigned numbers and a map showing the location of addresses shall be maintained and filed with the Finance Officer. The Finance Officer shall be responsible for assigning new numbers and updating the listing of such numbers and the location map.
6.01.03 Proper Number Displayed. All houses shall have the proper number for address (as found on the Northern States Power bill) prominently displayed and permanently affixed to the side of the structure facing the street located on the address. Such numbers shall be at least 3 inches in height and shall be easily readable from the street. Should these numbers become unreadable through age or other such incident, it shall be the owner's responsibility to correct the situation. Anyone whom is not in compliance with this ordinance may be subject to a fine not to exceed $25.00. If proof of compliance does not exist within 30 days following the first violation, another fine may be levied.
CHAPTER 6.02 - STREETS, SIDEWALKS, CURB AND GUTTER
6.02.01 Street Surfacing. The hard surfacing of streets shall be at the expense of the owners of the property abutting the street(s) to be surfaced, with design and materials to be approved by the City Council. Total cost of the street improvements including legal, engineering, grading and any other costs related to the improvement, shall be assessed against the property on a frontage foot basis. The cost of each street or alley intersection shall be assessed on a front footage foot basis to all lots or property included within the project area. (SDCL 9-45-31)
6.02.02 Street Excavations. No person shall make or cause to be made any excavation except as hereafter provided, in or under any street, sidewalk, alley, or public ground or remove any earth, soil, paving, gravel or materials therefrom without first having obtained approval from the City Council. Application for such approval shall state where such excavation is to be made, the extent thereof, and the purpose of such excavation.
6.02.03 Excavation Permits. Applications for excavations other than emergency situations may require a deposit in such sum as deemed necessary by the City Council to ensure the proper replacement and refilling of any such excavation or to cover the costs of any damages which may be caused by such excavation. Any required deposit shall be paid to the City before approval of an application is made and any unused portion of said deposit shall be refunded to the applicant upon recommendation and approval of the City Council.
6.02.04 Excavation Repairs. Approval for any excavation covered by this Chapter shall be issued only upon the express condition that the applicant shall refill such excavation in accordance with the requirements of the City Council, and shall restore the pavement or surfacing, as the case may be, to its former condition within one (1) year form the date of such excavation.
The City Council shall adopt and amend as necessary such requirements which shall set forth the manner in which various types of excavations shall be backfilled or refilled and the manner in which any street surfacing shall be replaced.
(Amended Ordinance 505)
6.02.05 Excavation Inspections. It shall be the duty of authorized City personnel to inspect all authorized excavation work at any stage of construction and to ensure compliance with approved requirements. If all backfilling, refilling, or surfacing is not completed in accordance with approved requirements, notice thereof in writing shall be given to the applicant, who shall put the same in proper order within a maximum of 10 days. If the applicant fails after such notice to complete all requirements, the City Council may authorize the necessary repairs and such applicant shall pay the costs thereof.
6.02.06 Excavation Barriers. Any person receiving approval to make excavations in or upon any street, alley, sidewalk or public ground shall, during the progress and continuance of the work, erect and maintain around the same both day and night suitable guards, fences, flares, and signals so as to prevent injury to persons, animals, or vehicles on account of such excavations. No open trench shall be left open for any more time than considered absolutely necessary or reasonable.
6.02.07 Sidewalks. Unless otherwise determined by the City Council, the inside of the sidewalk shall be the property line. Sidewalk construction shall include base material of 3 inches in thickness, of approved materials. Sidewalks shall be no less than 3.5 inches in thickness, of proper cement construction, and not less than 4 feet nor more than 5 feet wide in residential areas, with slope toward street of 0.25 inches per foot. When considered necessary and advisable for the peace, welfare, and safety of the people, the City Council may direct that new sidewalk be constructed and assessed to any abutting property owner, in accordance with SDCL 9-46.
6.02.08 Driveway Approaches. No driveway approaches shall protrude or extend into the streets beyond the curb line, unless otherwise so authorized by the City Council. Concrete driveway approaches shall be of 4 inch proper cement construction, with the slope gradual to accommodate modern vehicles. On gravel thoroughfares driveway approaches constructed shall permit flow of surface water without drainage interference and shall permit proper blading and maintaining of streets.
6.02.09 Curb and Gutter. Curb and gutter shall be of proper cement construction, not less than 3,000 PSI, with curb 6 inches in width, and extending 6 inches above the gutter. Gutter shall 6.5 inches thick, extending 24 inches into the street. New homes built or moved into the City are required to have curb and gutter installed on any adjacent streets, unless the property faces an unpaved street or drainage ditch. The City Council may direct that curb and gutter be constructed and the cost assessed against any abutting property owner. (SDCL 9-45-5)
6.02.10 Permits. When constructed separately from an over all construction project, property owners or their agents shall submit applications for permits for approval by the City Council for sidewalks, driveway approaches, curbs, or curb and gutter. When these improvements are constructed simultaneously or as one project, only one application is necessary to include all improvements, and where any or all are part of new construction projects, only one permit for the overall construction shall be issued. All improvements, installations, and engineering recommendations shall be in conformance with specifications or recommendations approved by the City Council.
6.02.11 Barrier-Free Construction. Whenever any person, firm or corporation makes new installations of sidewalks, curbs or gutters, in both business and residential areas, it shall be required that they install ramps at crosswalks, so as to make the transition from street to sidewalk easily negotiable for handicapped persons in wheelchairs and for blind persons. All such ramps shall be constructed or installed in accordance with design specifications according to the most current American National Standards Specifications published by the American National Standards Institute. (SDCL 9-46-1.1, SDCL 9-46-1.2)
6.03.01 Duty to Remove. It shall be the duty of the owner, tenant, or person in possession of any property abutting on any sidewalk to keep such sidewalk free from snow and to cause any accumulated snow to be removed within 24 hours after the termination of any snowfall, or snow accumulation.
6.03.02 Disposal of Snow. It shall be the duty of the property owner, tenant, or person in possession of any public or private driveway, parking lot or parking area to dispose of accumulated snow upon such property in such manner that any snow when removed shall not be deposited upon any sidewalk, within or upon any public street or alley. Businesses located on Main Street may dispose of snow from sidewalks into the middle of Main Street or alley as long as such public street or alley has not been cleared of snow by grading of such snow away from the curb or the picking up and carrying away of such snow by the City or in a manner that will obstruct or interfere with the passage or vision of vehicle or pedestrian traffic.
It shall be unlawful for any property owner, tenant, or person in possession of any public or private driveway, parking lot or parking area to deposit snow in a ditch or upon any public or private property across the street from their residence or business.
(Amended Ordinance 497)
6.03.03 Removal Costs Assessed. In the event any owner, tenant, or person in possession of any property shall neglect or fail to or refuse to remove such snow or ice within the time provided, any authorized officer of the City may issue a citation for such violation and the City Council may authorize such removal with the costs to be assessed against the abutting property owner. (SDCL 9-30-5)
CHAPTER 6.04 - MOVING BUILDINGS
6.04.01 Permit Required. No person shall move any building or part of building into, along or across any public street, alley, or grounds in the City without having obtained a moving permit. (SDCL 9-30-2)
6.04.02 Applications. Written application for a moving permit shall be filed with the Finance Officer, and shall include the name of the applicant, the name of the owner of the building, a description of the lot on which such building is standing and the lot to which it is to be moved, if located in the City, the route along which it is proposed to move such building, and the length of time which may be consumed in such moving. Any application so filed shall be considered by the City Council for approval, and any other conditions to be complied with by the applicant, shall be stated.
6.04.03 Surety Bond. No license shall be granted until the applicant shall file with the Finance Officer a bond running to the City in the penal sum to be established by the City Council, with sufficient surety, and conditioned that the applicant will promptly repair and make good, to the satisfaction of the Council, any and all damage to any pavement, sidewalk, crosswalk, hydrant, street, alley, or other property, done or caused by himself or his employees, in moving such building or part thereof, or in connection with the moving thereof. The applicant shall indemnify and save harmless the City against any and all liability for damages, costs and expenses, arising or which may arise or be incurred in favor of any person by reason of any negligence or misconduct or act on his part or the part of his agents or employees, in connection with the moving of said building or part thereof, or the use of any public ground for such purpose.
6.04.04 Standing Buildings. No building or part of a building being moved, shall be allowed to stand still in any public street or any public ground for more than 24 consecutive hours.
6.04.05 Permission of Property Owners. No moving license granted by the City shall authorize the holder thereof to break, injure, or move any telephone, electric light, power or cable TV wire or pole, or to cut, trim or otherwise interfere with any property without the written permission of the owner or owners thereof. (SDCL 9-34-1)
CHAPTER 6.05 - MUNICIPAL TREES
6.05.01 Authority and Jurisdiction. The City Council shall have the authority and jurisdiction of regulating the planting, maintenance, and removal of trees on streets, street rights-of-way and other publicly owned property to insure the public safety and to preserve the aesthetics of such public sites. The City Council shall have the authority to determine the type and kind of trees to be planted upon municipal streets or in parks; and may assist in the dissemination of news and information regarding the selection, planting, and maintenance of trees within the corporate limits or within the area over which the City has jurisdiction, whether the same be on private or public property, and to make recommendations from time to time as to desirable statutes concerning the tree program and activities for the City.
6.05.02 Duties of Property Owners. It shall be the duty of any person owning or occupying real property bordering on any street upon which property there may be trees, to prune such trees in such manner that they will not obstruct or shade the street lights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs, or obstruct view of any street or alley intersections, except where such services are provided for by utility firms. The minimum clearance of any overhanging portion thereof shall be 10 feet whenever practicable, and 12 feet over all streets except truck thoroughfares where the clearances shall be 14 to 16 feet, unless otherwise determined by the City Council.
6.05.03 Abuse of Trees. Unless otherwise specifically authorized by the City Council, no person shall intentionally damage, cut, carve, transplant, or remove any tree; attach any rope, wire, nails, advertising posters, or other contrivance to any tree, allow any gaseous liquid or solid substance which is harmful to such tree to come in contact with them, or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any tree. This section shall not apply to the regular maintenance of trees, such as trimming branches and preventing disease.
6.05.04 Permission to Deposit Materials. No person shall deposit, place, store, or maintain upon any public place of the municipality, any stone, brick, sand, concrete or other materials which may impede the free passage of water, air, and fertilizer to the roots of any tree growing therein, except by permission of the City Council.
6.05.05 Removal of Hazards. Where any tree branches or hedges protrude or overhang on any thoroughfare within the City so as to be determined as in violation with this Chapter or affecting motor vehicle traffic and good maintenance practices, notification shall be given by the City Council to the property owner to remove such obstructions or undesirable branches or hedges within a prescribed time period. If not completed within such time, the City Council may take immediate action to have such items removed with all costs assessed to the property owner. (SDCL 9-38-2)
6.06.01 Permit required prior to altering or changing water drainage. A special permit must be obtained from the City Council for any of the following activities:
A. Installing or removing drain tile;
B. Raising or lowering a section of land of 10 square feet or more in area;
C. Blocking an existing ditch or culvert;
D. Installing a ditch or culvert.
6.06.02 Rain Gutters and Down Spouts. All rain gutters and down spouts located on the front (or on a side facing a street) of any structure shall drain toward the nearest street. Any rain gutters or down spouts located on the rear of any structure shall drain toward the rear property line and away from adjacent structures if possible.
CHAPTER 6.07 - MUNICIPAL SWIMMING POOL
6.07.01 Unauthorized Use. No person shall use the pool at any time other than during regular hours of operation or during an approved event.
CHAPTER 6.08 - PARKS AND RECREATION
6.0801 Park Hours Established. It shall be unlawful for any person to remain in any City park between the hours of 11:00 PM and 5:00 AM on the following day. This section shall not apply to special events authorized or sanctioned by the City Council.
6.08.02 Facilities Maintenance. It is the responsibility of the City to maintain and improve City park facilities. The City Council may enter into an agreement with any individual or group to provide such maintenance or improvement.
6.08.03 Organized Events and Activities. All organized events and activities held in City park facilities shall receive prior approval from the City Council. The Council shall reserve the right to establish conditions for approval of such events and activities.