Home Contents

City Ordinances

Agendas Newsletters City Information Business Community Service Organizations Religious Community Marion ACTS Schools Daycare Services Recreation Transportation City Ordinances Zoning Regulations Summer Celebration History of Marion 125th Anniversary

Ordinance 240
Ordinance 241
Ordinance 242
Ordinance 243
Ordinance 244
Ordinance 245
Ordinance 246
Ordinance 247
Ordinance 248
Ordinance 249
Ordinance 250
Ordinance 251
Ordinance 252
Ordinance 254
Ordinance 256
Ordinance 257
Ordinance 258
Ordinance 259
Ordinance 260
Ordinance 261
Ordinance 262
Ordinance 263
Ordinance 264
Ordinance 265
Ordinance 266
Ordinance 267
Ordinance 268
Ordinance 269
Ordinance 270
Ordinance 271
Ordinance 272
Ordinance 273
Ordinance 274
Ordinance 275
Ordinance 276
Ordinance 277
Ordinance 278
Ordinance 279
Ordinance 280
Ordinance 281
Ordinance 282
Ordinance 283
Ordinance 284
Ordinance 285
Ordinance 286
Ordinance 287
Ordinance 288
Ordinance 289
Ordinance 290
Ordinance 291
Ordinance 292
Ordinance 293
Ordinance 294
Ordinance 295
Ordinance 296
Ordinance 297
Ordinance 298
Ordinance 299
Ordinance 300
Ordinance 301
Ordinance 303
Ordinance 304
Ordinance 305
Ordinance 306
Ordinance 307
Ordinance 308
Ordinance 309
Ordinance 310
Ordinance 311
Ordinance 312
Ordinance 313

A REVISION OF THE ORDINANCES FOR THE CITY OF MARION,

SOUTH DAKOTA

2002

 

 

Compiled by the City Council

Assistance provided by the

South Eastern Council of Governments


 

ORDINANCE NO. 164

 

 

An Ordinance in Revision of the Ordinances of the City of Marion, South Dakota.

 

BE IT ORDAINED BY THE CITY OF MARION, SOUTH DAKOTA: That this Ordinance in Revision of the Ordinances of the City of Marion, South Dakota, is Hereby Read, Approved and Adopted as Follows:

 

First Reading:                                          August 21, 2002

 

Second Reading:                                      September 12, 2002

Approved and Adopted:                              September 12, 2002

Notice of Adoption Published:                       September 19, 2002

Effective:                                               October 9, 2002

 

 

 

NOTICE OF ADOPTION OF

AN ORDINANCE IN REVISION OF THE ORDINANCES

OF THE CITY OF MARION, SOUTH DAKOTA

 

 

 

NOTICE IS HEREBY GIVEN That Ordinance No. 164 being an Ordinance in Revision of the Ordinances of the City of Marion, South Dakota, was duly adopted by the City Council of the City of Marion on the 12th day of September, 2002, and that such Ordinance in Revision shall be effective on October 9, 2002.

 
 

AN ORDINANCE IN REVISION OF CERTAIN ORDINANCES

OF THE CITY OF MARION, SOUTH DAKOTA

 

 

This Ordinance, an ordinance in revision of the ordinances of the City of Marion, is a revision of the ordinances of the City heretofore adopted, except the zoning and subdivision ordinance, special ordinances, appropriation ordinances, levying ordinances for the issuance of bonds, and other special ordinances of like character.

 

Such ordinances not included within the revision and still having force and effect may be found in the original book of ordinances in the office of the City Finance Officer.

 

 

Disclaimer: The Marion City Ordinances on-line is an attempt to make the City Ordinances more accessible to the public.  The reader of these Ordinances should be aware that the official Ordinances are on file with the City Finance Officer.  While every effort is made to update the Ordinances on this site to reflect amendments to the Ordinances, there is always a possibility that an Ordinance may have been amended and that the on-line version of a particular Ordinance is no longer the version of an Ordinance in effect.  Therefore, the reader of these Ordinances should proceed with caution, and should be aware that the official Ordinances are the ones on file with the City Finance Officer.  If there is any question as to the validity of an Ordinance, please check with the City Finance Officer for a copy of the official version.

 

 


 

TABLE OF CONTENTS

 

 

TITLE 1.         ADMINISTRATIVE CODE

                   Chapter 1.01 – Officers

                   Chapter 1.02 - Fire Department

 

TITLE 2.         BOUNDARIES, WARDS AND VOTING PRECINCTS

                   Chapter 2.01 - Boundaries

                   Chapter 2.02 - Wards and Voting Precincts

                  

TITLE 3.         MUNICIPAL TAXES

                   Chapter 3.01 - Sales Tax

                   Chapter 3.02 - Second Cent Sales Tax

                  

TITLE 4.         PLANNING AND ZONING REGULATIONS

                   Chapter 4.01 - Establishing Planning Commission

Chapter 4.02 - Zoning Regulations (See Marion Zoning Regulations)

                   Chapter 4.03 - Subdivision Regulations (See Marion Zoning Regulations)

 

TITLE 5.         LICENSES

                   Chapter 5.01 - Alcoholic Beverages

                   Chapter 5.02 - Peddlers and Transient Merchants

                   Chapter 5.03 - Public Amusements

 

TITLE 6.         SOLID WASTE

                   Chapter 6.01 - Solid Waste

                   Chapter 6.02 - Collection of Garbage

 

TITLE 7.         TRAFFIC

                   Chapter 7.01 - General Provisions

                   Chapter 7.02 - Operation of Vehicles

                   Chapter 7.03 - Speed Restrictions

                   Chapter 7.04 – Parking

 

TITLE 8.         UTILITY FRANCHISE

                   Chapter 8.01 - Cable Television

                   Chapter 8.02 - Gas

 

TITLE 9.         OFFENSES

                   Chapter 9.01 - Offenses Against Public Welfare

                   Chapter 9.02 - Minors

                   Chapter 9.03 - Animals

                   Chapter 9.04 - Fireworks

 

TITLE 10.        STREETS, SIDEWALKS AND PUBLIC PLACES

                   Chapter 10.01 - General Provisions

                   Chapter 10.02 - Curb Lines and Grades

                   Chapter 10.03 - Excavations

                   Chapter 10.04 - Sidewalks

                   Chapter 10.05 - City Parks

                   Chapter 10.06 - Snow Removal

 

TITLE 11.        SEWER

                   Chapter 11.01 - Use of Municipal Sewers

                   Chapter 11.02 - User Charge System

                  

TITLE 12.        WATER

                   Chapter 12.01 - Water Works

 

TITLE 13.        BUILDING REGULATIONS

                   Chapter 13.01 - Moving Buildings

                   Chapter 13.02 - City Auditorium

 

TITLE 14.        NUISANCES

                   Chapter 14.01 - Prohibited and Defined

                   Chapter 14.02 - Notice to Abate

                   Chapter 14.03 - Abandoned Vehicles

                   Chapter 14.04 - Dilapidated Buildings

                   Chapter 14.05 - Violation Declared Public Nuisance

                   Chapter 14.06 - Penalty for Violation

 

TITLE 15.        GENERAL PROVISIONS AND PENALTY

Chapter 15.01 –Repealing Clause, Legislative Effect

 


 

TITLE 1 - ADMINISTRATIVE CODE

 

Chapter 1.01 - Officers

Chapter 1.02 - Fire Department

 

 

CHAPTER 1.01 - OFFICERS

 

1.0101      Form of Government.  The City shall be governed by a common council, consisting of a Mayor elected at large and two aldermen elected from each ward who shall hold office for a term of two (2) years or until their successors are elected and have qualified; except that the term of one alderman in each ward shall expire each year.

 

1.0102      Appointive Officers.  The Mayor shall, annually, with the approval of the Council, appoint the following officers, who shall serve for one year or until their successors are appointed and qualified: City Finance Officer, City Attorney, Chief of Police and all necessary policemen, City Health Officer, and such other or further officers as may be provided for by city ordinance or state law.

 

1.0103      Qualifications, Salaries, and Bonds.  The manner of qualifications of all city officers shall be as provided for by state law and the ordinances of the city.  The annual salaries of all officers and bonds of all appointive officers shall be set annually by the City Council.

 

1.0104      Duties of Officers.  The duties of the various appointive and elective officers of the City of Marion shall be such as are ordinarily undertaken by said officers and as provided for by the laws of the State of South Dakota and the Ordinances of the City of Marion.  Such officers shall do and perform and shall have such powers and duties as may be assigned to them by the governing body or other body or person authorized to prescribe such duties.

 

1.0105      Meetings of the City Council. The regular meetings of the City Council shall be held on the first Monday of each calendar month, beginning at the hour of 7:30 p.m., at City Hall, or such other meeting place as the council may designate, and the same may be adjourned from time to time by a majority of the members present.

 

Special meetings of the City Council may be called any time by the Mayor or any three members of the City Council, upon written or personal notice to each alderman of the time, place and purpose of such meeting.

 

1.0106      Standing Committees.  The two aldermen from each ward shall, with the Mayor, constitute a standing committee for such ward to act in all cases of claims, sidewalks, streets, alleys, fire department, lights, water, sewage and taxation matters.  Special committees may be named at any time by the Mayor.

 

1.0107      Health Officer. The City Health Officer shall have charge and super­vision of the sanitary and health conditions of the City and shall make such rules and regulations as may be proper and necessary to preserve the health of the in­habitants of the City, which such rules shall be first submitted to and approved by the City Council before becoming effective.  He shall also co-operate with the County and State Boards of Health.  He shall at all times have the assistance of the police department of the City.

 

1.0108      Street Superintendent.  In addition to all other officers of the City of Marion, the Mayor shall, with the approval of the City Council, at the first regular meeting in May of each year, appoint a City Superintendent for said City who shall serve at the pleasure of the Mayor and Council.

 

It shall be the duty of the City Superintendent to superintend the general construction and maintenance of the streets, avenues, alleys, highways, public grounds and the Hieb Memorial Park in said City of Marion.  He shall enforce any and all ordinances of the City per­taining to the removal of snow, ice, rubbish and obstructions from the sidewalks, the cutting of all noxious weeds along the streets and highways, and to perform all other duties imposed by the Mayor and City Council.

 

He shall also serve as the building inspector when requested to do so by the City Council.

 

The City Superintendent shall receive such salary as shall be fixed by the Council at the time of his appointment and the office may be combined with any other city office as the Mayor and City Council may order.

 

 

 

CHAPTER 1.02 - FIRE DEPARTMENT

 

1.0201      Interference.  Any person who shall, in case of fire or other emergency, such as conflagrations, storms, earthquakes or other calamities, fail or refuse to render any service or assistance at the lawful direction of the fire chief or any of his assistants; or who shall willfully or maliciously obstruct or hinder any firemen in the per­formance of their duties; or who shall in any manner injure, deface, tamper or interfere with any of the fire fighting equipment or apparatus; or who shall turn in a false alarm; or shall in any other manner interfere with the fire department or its equipment shall be deemed guilty of a Class 2 misdemeanor.

 

1.0202      Frame Buildings Prohibited - District Defined.  It shall be unlawful for any person or persons, firm or corporation, hereafter to build, erect or construct, or cause to be built, erected or constructed, upon any lot or any part of a lot, lots or parcels of ground, abutting upon Broadway Street, from its intersec-tion with Florida Avenue to the south line of the right-of-way limits of the Railroad any building that is not fire proof and without first obtaining a written permit from the City Council.  The City Council may, in its discretion, allow a building to be constructed on Broadway Street if it is reasonably satisfied that the proposed structure will not be a fire hazard even though it does not comply with Section 1.0203.

 

1.0203      Fire Proof Buildings Defined.  A fire proof building within the meaning of this chapter shall be one whose outer walls are wholly made of stone, brick or cement, and having a roof of slate, tin, copper, iron or other fire proof material.

 

1.0204      Rebuilding Prohibited.  It shall be unlawful for any person or persons, firm or corporation, hereafter to rebuild or cause to be rebuilt any structure on any lot, lots or parcels of ground, within the limits pre­scribed in section (a) hereof, other than a fire proof building as defined in section (b) hereof, in the event that any such building has been, or shall hereafter be, damaged to the extent of fifty per cent or more of its value at the time of such destruction, said value, to be computed from its last assessment as shown on the books of the Director of Equalization of Turner County.

 

1.0205      Repairing, Enlarging or Moving.  It shall be unlawful for any person or persons, firm or corporation to change, alter, repair, raise, add to, or move any frame buildings or any part thereof into or within the fire limits described herein or to cause such changing, altering, repairing, raising, adding to or moving into or within from any place to any other place of any such frame building within said fire limits, unless a written permit is first secured from the City Finance Officer on application to and approval of same by the City Council.

 

1.0206      Number of Volunteers.  There is hereby established a Fire Department of the City of Marion and the Marion Volunteer Fire Department heretofore organized and existing is hereby recognized as such.  The fire department shall consist of one company of not to exceed thirty (30) members.  The fire department may adopt such constitution, by-laws and regulations for its government, not inconsistent with the provisions of this chapter, as it may deem necessary and proper.  It may also elect such officers as its constitution may require.  The purpose of the fire department shall be to extinguish fires and to protect the lives and property of the inhabitants of the city.

 

The members of the fire department of the City of Marion (except the Chief) shall serve without pay; provided that the City Council may allow such members reasonable compensation in case of actual service at fires or other emergency.

 

 

1.0207      Selection of Fire Chief.  The Mayor of the City shall annually, at the first meeting of the Council following the annual city election, with the approval of the Council, appoint a Chief of the Fire Department, who shall be deemed an officer of the City and clothed with police power while on duty at fires or other emergencies and who shall hold said office at the pleasure of the Mayor and City Council.

 

The Chief of the Fire Department in all cases of fire shall have sole and absolute control over all members of the fire department.  He shall attend every fire within the limits of the City and cause all of the City’s fire fighting equipment and apparatus to be placed properly and worked in the most effective manner for the extinguish­ment of fire.  He shall at all times have control of all of the fire fighting equipment and machinery.  He shall carefully examine and inspect all hydrants at least every three months and report to the council any needed repairs or replacement.  He shall also report to the council once a year all fires in the City and furnish the Council with a certified list of all members of the fire department in good standing.

 

1.0208      Penalty.  Any person violating any of the provisions of this Chapter shall be guilty of a Class 2 misdemeanor.

 

 

 


 

TITLE 2 - BOUNDARIES, WARDS AND VOTING PRECINCTS

 

                             Chapter 2.01 - Boundaries

                             Chapter 2.02 - Wards and Voting Precincts

                            

 

CHAPTER 2.01 - BOUNDARIES

 

2.0101      Name.  “The City of Marion” is a municipal corporation organized and existing under the general laws of the State of South Dakota, and is situated in the County of Turner of said State.

 

2.0102      Territory.  The City of Marion is situated upon and compromises the following territory, to-wit: the west half of section 5 and the east half of section 6 (except outlots 59 and 60 thereof), township 99 north, of range 54 west, of the 5th prime meridian, in Turner County, South Dakota.

 

2.0103      Classification.  It is a municipal classification of the second class, denominated a City, and shall continue as such until changed by operation of law.

 

2.0104      Corporate Seal.  It shall have a corporate seal, circular in form, reading as follows: “City of Marion, Marion, Turner County, South Dakota.  Seal.”  The same shall be in the custody of the finance officer of said City of Marion.

 

 

CHAPTER 2.02 - WARDS AND VOTING PRECINCTS

 

2.0201      Voting Wards Established. The City of Marion is hereby divided into wards, as follows:

 

A.          Ward 1 shall consist of that portion of the City north and east of the following line:

 

          Beginning at Broadway Avenue along the southern edge of the municipal boundary proceeding north on Broadway Avenue to the intersection of Broadway Avenue and First Avenue and the railroad right of way and proceeding east along the railroad right of way to the municipal boundary.

 

B.     Ward 2 shall consist of that portion of the City west of the following line:

 

          Beginning at Broadway Avenue at the southern edge of the municipal boundary proceeding north on Broadway Avenue to First Street and then proceeding east on First Street to Main Avenue and then proceeding north to State Street and then proceeding west on State Street to the Broadway Avenue and then north to the municipal boundary.

 

C.     Ward 3 shall consist of that portion of the City enclosed by the following line:

 

          Beginning at Broadway Avenue at the northern municipal boundary then proceeding south on Broadway Avenue to State Street, then proceeding east on State Street to Main Avenue and then proceeding south on main Avenue to the railroad right of way, then proceeding east and south on the railroad right of way to the eastern municipal boundary.


 

TITLE 3 - MUNICIPAL TAXES

 

                                  Chapter 3.01 - Sales Tax

                                  Chapter 3.02 - Second Cent Sales Tax

 

 

CHAPTER 3.01 - SALES TAX

 

3.0101      Purpose.  The purpose of this chapter is to provide additional needed revenue for the City of Marion, Turner County, South Dakota, by imposing a municipal retail sales and use tax pursuant to the powers granted to the municipality by the State of South Dakota, by SDCL 10-52 entitled Uniform Municipal Non-Ad Valorem Tax Law, and acts amendatory thereto.

 

3.0102      Effective Date.  From and after the last day of July, 1980, there is hereby imposed as a municipal retail occupational sales and service tax upon the privilege of engaging in business a tax on one percent (1%) on the gross receipts of all persons engaged in business within the jurisdiction of the City of Marion, Turner Count, South Dakota, who are subject to the South Dakota Retail Occupational Sales and Service Tax, SDCL 10-45 and acts amendatory thereto.

 

3.0103       Collection.  Such tax is levied pursuant to authorization granted by SDCL 10-52 and acts amendatory thereto, and shall be collected by the South Dakota Department of Revenue in accordance with the same rules and regulations applicable to the State Sales Tax and under such additional rules and regulations as the Secretary of Revenue of the State of South Dakota shall lawfully prescribe.

 

3.0104      Exemptions from Taxation. In addition to gross receipts exempted by state law and therefor from tax imposed hereunder, there are hereby specifically exempted from the provisions of this chapter and from computation of the amount of tax imposed by it, the following:

 

A.     Farm machinery and irrigation equipment used exclusively for agriculture purposes.

 

B.     Gross receipts from vending machines, including but not limited to pinball machines, phonographs and all other mechanical devices for amusement.

 

C.     Sales of tangible personal property and taxable services to purchasers residing or doing business outside the city provided that delivery is made to such purchaser outside the city by common carrier or by the conveyance of the seller or by the United States Mail, and provided that the articles so purchased and delivered are used outside the city.

 

D.     Sales of tangible personal property to a con­struction company for use of its business oper­ations outside the city even if delivery is made to a truck of the construction company within the city.

 

3.0105      Use Tax.  In addition there is hereby imposed an excise tax on the privilege of the use, storage and consumption within the jurisdiction of the city of tangible personal property purchased from and after the last day of July, 1980, at the same rate as the municipal sales and service tax upon all transactions or use, storage and consumption which are subject to the South Dakota Use Tax Act, SDCL 10-46, and acts amendatory thereto.

 

3.0106      Interpretation.  It is declared to be the intention of this chapter and the taxes levied hereunder that the same shall be interpreted and construed in the same manner as all sections of the South Dakota Retail Occupational Sales and Service Act, SDCL 10-45 and acts amendatory thereto and the South Dakota Use Tax, SDCL 10-46 and acts amendatory thereto, and that this shall be considered a similar tax except for the rate thereof to that tax.

 

3.0107      Penalty.  Any person failing or refusing to make reports on payments prescribed by this ordinance and the rules and regulations relating to the ascertainment and collection of the tax herein levied shall be guilty of a misdemeanor and upon conviction shall be fined not more than One Hundred and No/100 Dollars ($100.00) or imprisoned in jail for thirty (30) days or both such fine and imprisonment.  In addition, all such collection remedies authorized by SDCL 10-45, and acts amendatory thereto, and SDCL 10-46, and acts amendatory thereto are hereby authorized for the collection of these excise taxes by the Department of Revenue.

 

3.0108      Separability.  If any provision of this chapter is declared unconstitutional or the application thereof to any person or circum­stances held invalid the constitutionality of the remainder of the chapter and applicability thereof to other persons or circumstances shall not be affected thereby.

 

 

CHAPTER 3.02 - SECOND CENT SALES TAX

 

3.0201      Purpose. The purpose of this ordinance is to provide additional revenue for the City of Marion by imposing a municipal retail sales and use tax pursuant to SDCL 10-52, and acts amendatory thereto.

 

3.0202      Effective Date and Enactment of Tax. From and after January 1, 1999, there is hereby imposed as a municipal retail occupational sales and service tax upon the privilege of engaging in business, in addition to the One Percent (1%) already imposed, a tax measured by One Percent (1%) on the gross receipts of all persons engaged in business within the jurisdiction of the City of Marion, who are subject to the S.D. Retail Occupational Sales and Service Tax, SDCL 10-45 and acts amendatory thereto.  Tax will not be applied to items specifically exempt under SDCL 10-52-11, SDCL 10-52-12 and SDCL 10-52-2.6.  Items exempt from city tax include:  farm machinery and irrigation equipment, parts and repairs for farm machinery, agricultural animal health products and medicines, intrastate trucking and garbage hauling (Industries 4212 and 4214 of the Standard Industrial Classification Manual), transportation services, collection and disposal of solid waste, veterinarian and animal specialty services, and air transportation.

 

3.0203      Special Tax Rate. Notwithstanding the rate of tax established in Section 2, the rate of tax upon sales of food as defined by the Food Stamp Act of 1977 as amended through January 1, 1983, in One Percent (1%).

 

3.0204      Exemptions. There are hereby exempt from the tax imposed by this ordinance gross receipts from sales of construction materials delivered to a truck of a construction company for use outside municipal limits.

 

3.0205      Use Tax. In addition there is hereby imposed an excise tax on the privilege of use, storage and consumption within the jurisdiction of the city of tangible personal property or services purchased from and after January 1, 1999, at the same rate as the municipal sales and service tax upon all transactions or use, storage and consumption which are subject to the S.D. Use Tax Act, SDCL 10-46 and acts amendatory thereto.

 

3.0206      Collection. Such tax is levied pursuant to SDCL 10-52 and acts amendatory thereto, and shall be collected by the S.D. Department of Revenue in accordance with rules and regulations applicable to the State Sales Tax and such additional rules and regulations as the S.D. Secretary of Revenue shall lawfully prescribe.

 

3.0207      Interpretation. It is the intention of this ordinance and the taxes levied hereunder that the same shall be interpreted and construed in the same manner as all sections of the S.D. Retail Occupational Sales and Service Act, SDCL 10-45 and acts amendatory thereto and the S.D. Use Tax, SDCL 10-46 and act amendatory thereto, and that this shall be considered a similar tax except for the rate thereof to that tax.

 

3.0208      Use of Revenue. Any revenue received under Section 2 of this ordinance may be used only for capital improvement, land acquisition, the funding of public ambulances and medical emergency response vehicles, public hospitals or nonprofit hospitals with fifty or fewer licensed beds, the transfer to the special 911 fund authorized by 34-45-12, the purchase of fire fighting vehicles and equipment, debt retirement, and the minor or major rehabilitation, or reconstruction of streets as defined in the June, 1994, South Dakota Department of Transportation Pavement Condition Survey Guide for City Streets.  These expenditures may be financed through a sale-leaseback agreement.

 

3.0209      Penalty. Any person failing or refusing to make reports or payments prescribed by this ordinance and the rules and regulations relating to the ascertainment and collection of the tax herein levied shall be guilty of a misdemeanor and upon conviction shall be fined not more than $200 or imprisoned not more than thirty (30) days or both such fine and imprisonment.  In addition, all such collection remedies authorized by SDCL 10-45, and acts amendatory thereto,  and SDCL 10-46, and acts amendatory thereto, are hereby authorized for the collection of these excise taxes by the Department of Revenue.

 

3.0210      Separability. If any provision of this ordinance is declared unconstitutional or the application thereof to any person or circumstances held invalid, the constitutionality of the remainder of the ordinance and applicability thereof to other persons or circumstances shall not be affected thereby.

 

 

 


 

TITLE 4 - PLANNING AND ZONING REGULATIONS

 

Chapter 4.01 – Establishing Planning Commission

Chapter 4.02 – Zoning Regulations (See Attachment 1 – Marion Zoning Regulations)

Chapter 4.03 – Subdivision Regulations (See Attachment 2 – Marion Zoning Regulations)

 

CHAPTER 4.01 - ESTABLISHING PLANNING COMMISSION

 

4.0101       Definitions.

 

               A.    City or Municipality.  Relates to the City of Marion.

 

B.    City Council or Board.  Chief Legislative body or governing body of the municipality.

 

C.    Planning Commission.  Body created under the terms of this ordinance.

 

4.0102      Creation of Marion Planning Commission.  The Marion Planning Commission is hereby created for the City of Marion, South Dakota.

 

4.0103      Number, Appointment, and Tenure of Planning Commission Members.  The Marion Planning Commission created under the terms of SDCL 11-6 shall consist of not less than five (5) members appointed by the council or governing body of such municipality.  The term of each of the appointed members shall be for five years except that when the planning commission is first appointed, approximately one-half of the members shall be appointed for three years and the balance of the members shall be appointed for five years.  Thereafter, appointments of each member shall be for terms of five years so that there will be an overlapping of tenures.

 

4.0104      Powers and Duties of Commission.  The Marion Planning Commission, its members and employees, shall have all such powers as may be necessary to enable it to fulfill and perform its functions, promote planning or carry out all the purposes and powers enumerated in SDCL 11-4 and 11-6 and acts amendatory thereof.

 

4.0105      Preparation of Comprehensive Plan.  The Planning Commission of Marion shall propose a plan for the physical development of Marion pursuant to the terms of SDCL 11-4 and 11-6.

 

 

 

CHAPTER 4.02 - ZONING REGULATIONS

 

(See Attachment 1 – Marion Zoning Regulations)

 

 

CHAPTER 4.03 - SUBDIVISION REGULATIONS

 

(See Attachment 2 – Marion Zoning Regulations)

 

 


 

TITLE 5 - LICENSES

 

                      Chapter 5.01 - Alcoholic Beverages

                      Chapter 5.02 - Peddlers and Transient Merchants 

                      Chapter 5.03 - Public Amusements

 

 

CHAPTER 5.01 - ALCOHOLIC BEVERAGES

 

5.0101      License Required. No person shall sell, exchange, barter, distribute or keep for sale any intoxicating liquor as defined by the laws of the State of South Dakota, without having first obtained a license therefore, pursuant to the provisions and requirements of the laws of the State of South Dakota.

 

5.0102      Location.  The governing body of the City of Marion shall not approve any applications for sale of intoxicating liquor within said city except in places facing Broadway Street that have been zoned commercial, with the exception of temporary licenses as provided in Section 5.0103.

 

5.0103      Temporary License

 

               Temporary licenses for the sale and consumption of alcoholic beverages may be granted by the City Council pursuant to the provisions of State law.

 

5.0104      Health, Safety, and Conduct. Every dealer in intoxicating liquors in the City of Marion shall keep his place of business clean, shall provide  adequate toilet facilities and running water with sewer connection.  He shall also keep the back and back yard of his place of business clean and any and all accumulations of broken bottles or equipment shall be promptly removed.  No violence, unwholesome noise, or any kind of improper conduct shall be permitted.

              

5.0105      Possession of an Unsealed Package in Vehicle.  It is a Class 2 misdemeanor for any person to have a package or any receptacle containing an alcoholic beverage in his possession in a motor vehicle unless the seal of the original package remains unbroken or the alcoholic beverage is so removed that no occupant of the motor vehicle shall have access to it while the vehicle is in motion.

 

5.0106      Hours of Sale, On-Sale.  No on-sale licensee shall sell, serve, or allow to be consumed on the premises covered by the license, alcoholic beverages between the hours of 2:00 a.m. and 7:00 a.m. or on Sunday after 2:00 a.m., or on Memorial Day after 1:00 a.m., or at any time on Christmas Day.

 

5.0107      Hours of Sale, Off-Sale. No off-sale licensee shall sell, or allow to be sold alcoholic beverages between the hours of 12:00 p.m. and 7:00 a.m. of the following day, or on Sunday, Memorial Day or Christmas Day.

 

Establishments that have been granted an off-sale liquor license in the City of Marion, South Dakota to sell off-sale liquor on Sundays during the hours established by state statute provided such licensee is granted a Sunday off-sale liquor license and pays the additional maximum license fee as established by state statute for this Sunday license.

 

No “off sale” dealer in intoxicating liquor in the City of Marion shall permit the opening of package liquor and the drinking thereof in his place of business under any conditions.

 

5.0108      Sale. No dealer in intoxicating liquor shall sell such intoxicants to any minor or any one in the City of Marion who is known to be a drunkard or excessive drinker, and in no case to anyone he is requested not to sell to by any member of such excessive drinker’s family.

 

5.0109      Penalty.  Any dealer in intoxicating liquor, or any of his agents, or employees violating any of the provisions of this section shall be guilty of a Class 2 misdemeanor.

 

 

CHAPTER 5.02 - PEDDLERS AND TRANSIENT MERCHANTS

 

5.0201      Peddler.  Any person, firm or corporation, or any of its officers, agents or employees, who engage in the selling of personal property by going about from place to place or house to house to sell the same and carrying such property with them for delivery at time of sale.

 

5.0202      Transient Merchant.  Any person, firm or corpor­ation, or partnership, or association or the agents or em­ployees of any of them, transacting a temporary business where goods are exposed for wholesale or retail sale at a place within the City of Marion, or from any railroad car, motor or other vehicle, or at public auction.  Provided, that a business operated more than six months within said City shall be deemed a permanent business, and providing further that this chapter shall not apply to buying and selling of goods where the proceeds are to be used exclusively for religious, charitable, benevolent or educational purposes, or by the City for the benefit of the public.

 

5.0203      License Required.   No person shall deal as a peddler or as a transient merchant in the City of Marion, as defined in the two preceding sections, without first taking out a license for that purpose, by applying to the City Finance Officer or the City Mayor, and paying therefore the following license fee: Peddler’s license, Five and No/100 Dollars ($5.00) per day; Transient merchant license, Ten and No/100 Dollars ($10.00) per day.

 

 

 

5.0204      Soliciting and Vending by Itinerants.  The practice of going in and upon private residences and premises in the City of Marion by solicitors, peddlers, hawkers, itinerant merchants and transient vendors of mer­chandise, not having been requested to do so by the owner or owners, occupant or occupants of said private residen­ces, for the purpose of soliciting orders for sale of goods, wares and merchandise, and/or for the purpose of disposing of and peddling or hawking the same, is hereby declared to be a nuisance and punishable as provided for in the next section.

 

5.0205      Penalty.  Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction, be guilty of a Class 2 misdemeanor.

 

 

CHAPTER 5.03 - PUBLIC AMUSEMENTS

              

5.0301       Circuses and Carnivals.  Any person, firm or corporation, who shall give exhibitions in the City of Marion of any circus or menagerie, or both combined, any wild west show, trained animal show, carnival or other exhibition given under canvas, where but one admission is charged, shall pay to the City Finance Officer a license fee of Five and No/100 Dollars ($5.00) per day.  All shows, entertainments, exhibitions or performances given under canvas and not otherwise specified shall pay to the City Finance Officer a license fee of Five and No/100 Dollars ($5.00) per day; provided, that no license shall be required for any entertainment given for charity or for the public benefit, or when sponsored by some local organi­zation for charity or public benefit.

 

5.0302      Penalty.  Any person who shall violate any of the provisions of this chapter shall upon conviction thereof be deemed guilty of a Class 2 misdemeanor.

 

 

 

 


 

TITLE 6 - SOLID WASTE

 

                             Chapter 6.01 - Solid Waste

Chapter 6.02 - Collection of Garbage

 

                                                                   

CHAPTER 6.01 - SOLID WASTE

 

6.0101       Rubble Site.

 

A.     The rubble site will be operated according to a schedule adopted by the Marion City Council. This schedule may be seasonally adjusted from time to time by the Marion City Council.

 

B.     Prohibited Items. The following items are prohibited from being deposited in the rubble site:

 

1.     Regulated asbestos containing materials as defined in the National Emissions Standards for Hazardous Air Pollutants (NESHAP) 40 CFR part 61;

2.     Petroleum products or petroleum contaminated soils;

3.     Herbicide/pesticide containers;

4.     Car batteries;

5.     Ash;

6.     Waste tires;

7.     Putrescible wastes;

8.     Yard wastes;

9.     Hazardous or special wastes, as defined by ARSD 74:27:07:01;

10.    Car bodies;

11.    Garbage of any kind;

12.    Decomposing corn, soybeans or other crops;

13.    Chemical toxic waste;

14.    Animal waste;

15.    Woven or barbed wire; and

16.    Any other items prohibited by the EPA statute.

 

C.     Permitted items. The following items are permitted to be deposited in the rubble site:

 

1.     Rubble;

2.     Trees and brush;

3.     Construction/demolition debris; and

4.     Wood products.

 

D.     White goods and yard waste may be stored in a separate area for periodic removal.

 

E.     Rate Schedule. The rate schedule will be reviewed and established annually by Motion of the City Council, and is on file in the Municipal Finance Office. These rates will be adjusted periodically to assure this facility is as nearly self sufficient as possible.

 

*    Cars

*    Car with trailer

*    Pick up

*    Small Truck - up to 1 ton

*    Straight Truck

*    Semi Truck

*    Monthly

 

F.     The rubble site shall be operated under the terms and conditions of the permits issued by the Board of Minerals and Environment, Department of Environment and Natural Resources.

 

G.     Penalty. Any person, or person, violating the provisions of this ordinance, will be guilty of a Class II misdemeanor, and upon conviction shall be subject to a fine of not more than One Hundred and No/100 Dollars ($100.00), or imprisonment in the County Jail not longer than thirty (30) days, or shall receive both such fine and imprisonment.

 

6.0102      Purpose.  The purpose of this section is to ensure the removal of garbage, rubble, commercial solid waste, bulky items, household waste and white goods on a regular basis from the City of Marion.

 

6.0103      Definitions.  The definitions of any terms used herein are in accordance with SDCL Chapter 34A-6, SDCL 34A-11 or any administrative rules and regulations adopted in accordance with the above named chapters or as defined by the City of Marion, South Dakota.

 

A.    Bulky Items.  Large items such as white goods or furniture.

 

B.    Commercial Solid Waste.  Solid waste generated by stores, offices, restaurants, warehouses, printing shops, service stations, and other nonmanufacturing, nonhousehold sources.

 

C.    Facility.  All facilities and appurtenances connected with a “solid waste facility” or “solid waste disposal facility,” which are acquired, purchased, constructed, reconstructed, equipped, improved, extended, maintained or operated to facilitate the disposal or storage of solid wastes.

 

D.    Garbage.  Solid and semisolid putrescible animal and vegetable wastes resulting from the handling, preparing, cooking, storing, serving, and consuming of food or of material intended for use as food, and all offal, excluding useful industrial by-products, from all public and private establishments and from all residences.

 

E.    Household Waste.  Solid waste derived from households, including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day use recreation areas, but not waste from commercial activities that is generated, stored, or present in a household.

 

F.    Refuse.  Any waste product composed wholly or partly of such materials as garbage, trash, rubbish, litter, accumulated material, cans, containers, tires, junk, or other such substance which may become a nuisance.

 

G.    Rubble.  Stone, brick, concrete, or similar inorganic material, excluding ash, waste tires, and asbestos-containing waste materials.

 

H.   Rubbish.  Wood, leaves, trimmings from shrubs, dead trees or branches thereof, shavings, sawdust, excelsior, woodenware, dodgers, printer matter, paper, paperboard, pasteboard, grass, rags, straw, boots, shoes, hats, and all other combustible material not included under the term  “garbage.”

 

I.     Solid Waste.  Any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded materials, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial and agricultural operations, and from community activities, but does not include mining waste in connection with a mine permitted under Title 45, hazardous waste as defined under chapter 34A-11, solid or dissolved materials in domestic sewage or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act, as amended to January 1, 1989, or source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended to January 1, 1989.

 

J.    White Goods.  Discarded refrigerators, ranges, washers, water heaters, and other similar domestic and commercial appliances.

 

6.0104      Storage.  Every residence and building within the city limits of Marion in which human beings reside, are employed or congregate, shall be provided with such approved method for the disposal of garbage, trash, refuse, etc. as may be necessary to prevent the accumulation of such materials.

 

6.0105      Removal of Garbage, Commercial Solid Waste and Household Waste.  The owner, operator or member of each individual household or residence, business, association or corporation, within the City of Marion, South Dakota shall contract for the regular removal and disposal of all garbage, commercial solid waste and household waste with a person, party, or entity who holds a valid dray license issued by the City of Marion.  All garbage, commercial solid waste, and household waste shall be disposed of in an appropriately state permitted facility.

 

6.0106      Removal of Rubble, Bulky Items, Trees and White Goods.  Each person and/or business may remove their own rubble, bulky items, and white goods without obtaining a dray license, provided the rubble, bulky items, and white goods are disposed of in an appropriately state permitted facility.  Or in the alternative each person and/or business may contract for the removal of rubble, bulky items, trees and white goods with a dray service licensed by the City of Marion.

 

6.0107      Bagging and Tying of Garbage.  All garbage, commercial solid waste, and household waste shall be bagged, tied or placed in a suitable container at the curbside or alley side adjacent to the residence or business in accordance with the wishes of and at the times directed by the dray businesses with whom the City, person, or business has contracted for the removal of garbage, commercial solid waste, and household waste.  Suitable containers are those receptacles equipped with a lid to prevent the contents of the containers from being blown out and scattered.

 

6.0108      Open Burning. No person or persons shall burn waste material or leaves in any open fire or bon-fire within the City of Marion.

 

6.0109      Effective Date.  The effective date of this section is November 4, 1991.

 

 

CHAPTER 6.02 - COLLECTION OF GARBAGE

 

6.0201      Definitions.

 

A.    Commercial Garbage Hauler.  Any individual, corporation, organization or business that collects or transports any type of solid waste for other parties.  Entities which transport their own solid waste, and entities which transport waste solely for reuse or recycling but not for disposal, are not included in this definition.

 

B.    Commercial Garbage Hauler License or License.  A license issued by the City of Marion.

 

C.    Governing Board.  The City Council, authorized under South Dakota Codified Laws as the governing body of the City of Marion.

 

D.   License Holder or Licensee.  Any commercial garbage hauler which holds a Commercial Garbage Hauler License.

 

E.    Rate Structure.  The structure of charges made by a Commercial Garbage Hauler to its customers.  This term is not intended to include the level of the rates charged; rather, it is intended to include the overall structure of the rates charged.  This term is intended to refer to the relationship between rates charged by a particular hauler:

 

1.    to different customers, and/or

2.    for different volumes of waste, and/or

3.    for different types of waste.

 

               F.    SDCL.  South Dakota Codified Law.

 

G.   Solid Waste [SDCL 34A-6-1.31).  Any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discard materials, including solid liquid, semi-solid or contained gaseous material resulting from industrial, commercial and agricultural operations, and from community activities, but does not include mining waste in connection with a mine permitted under Title 45, hazardous waste as defined under Chapter 34A-11, solid or dissolved materials in domestic sewage or dissolved materials in domestic sewage or dissolved materials in irrigation return flows, or industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended to January 1, 1989, or source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended to January 1, 1989.

 

H.   Volume Based.  The property, of providing financial incentives to encourage source reduction, re-use, and recycling.  Specifically, this term refers to garbage collection rate structures which provide for user fees which increase as the volume of waste collected increases.

 

I.     White Goods. Discarded refrigerators, ranges, washers, water heaters, and other similar domestic and commercial appliances.  (From Ordinance 202 - Holdover)

 

6.0202      License Required.  It shall be unlawful for a commercial garbage hauler to use the streets or roads within the City of Marion for the collection, removal or disposal of any solid waste, without first having obtained a Commercial Garbage Hauler License from the City of Marion.

 

6.0203      Application for License.  The form for application for a Commercial Garbage Hauler License and renewal thereof, as required by the provisions of this chapter, shall be available from the City of Marion Finance Officer.  Upon completion of he application, the applicant shall return it to the City of Marion Finance Officer for review.  For the application to be considered, the applicant must also submit:

 

               A.    Proof of Certification that the applicant will be allowed to deposit solid waste collected from the City of Marion in a landfill approved by the State of South Dakota for the solid waste that is to be collected by the Commercial Garbage Hauler.

 

B.    Proof of insurance coverage, as described in the Performance Standards (Section 7, Part D.)

 

               C.    Proposed Rate Structure, as described in the Performance Standards (Section 7, Part F.)

 

               D.   A plan or schedule for the pickup of some or all recyclable solid waste is required by resolution or ordinance enacted by the Governing Board.

 

E.    Payment of an application fee in accordance with the following schedule:

 

                           New License ............... $10.00

                           Renewal          ............. $10.00

                           Transfer           ............. $10.00

 

6.0204      Duration of License.  Upon approval, a Commercial Garbage Hauler License shall be valid until the end of the calendar year for which it has been approved.  Except in cases of renewal (Section 6) or transfer [Section 7), no such license shall be valid for more than one calendar year.  Sale of a holding a Commercial Garbage Hauler License shall render such license invalid immediately upon consummation of the sale, unless said license is transferred under the provisions of Section 10 of this Chapter.

 

6.0205      Renewal of License.  A holder of a currently valid Commercial Garbage Hauler License may apply for renewal of a such license in the same manner of application described in Section 6 of this Chapter.

 

6.0206      Transfer of License.  A holder of currently valid Commercial Garbage Hauler License, in conjunction with a party wishing to receive such a license, may apply for transfer for such license in the same manner of application described in Section 6 of this Chapter.  In such cases, the payment of the applicable fee for an application shall be the responsibility of the party to receive the transferred license.  For an application for a transfer to be considered complete, the signatures of an authorized representative from each party must be present on the application form.

 

6.0207      Performance Standards.  For any Commercial Garbage Hauler License to be effective the holder of such license shall comply with the following standards:

 

A.    Landfill rules and policies. No holder of a Commercial Garbage Hauler License shall violate any rule or policy established by the landfill to which the Commercial Garbage Hauler License holder hauls.  All Commercial Garbage Hauler License holders shall be subject to all the rules and policies of the landfill to which they haul all solid waste collections.

 

B.    Minimum design requirements for equipment.  All solid wastes collection or transportation equipment operated by license holders are required to meet the following standards:

 

1.    Vehicles shall be water tight.

 

2.    Vehicles shall be covered, with no openings which would allow the contents to escape.

 

3.    Vehicles boxes shall be of all metal construction, and shall have metal doors which shall be in a closed position whenever the vehicle is in motion.

 

4.    Containers must be attached or bolted to the frame when in transport.

 

5.    All vehicles and containers must be manufactured or designed for hauling solid waste.

 

6.    Vehicles and containers shall be thoroughly washed  as directed by the Governing Board of the City for Marion or the Sioux Falls Health Department, as may be necessary to keep vehicles and containers in proper sanitary condition.

 

7.    Vehicles shall be loaded so than solid waste does not spill out, fall out, blow out, or otherwise leave the vehicle or container while it is collecting or transporting solid waste.

 

C.    Frequency of Collection.  Each holder of a Commercial Garbage Hauler License shall collect solid waste from its customers at least once a week.  In cases where a customer of a license holder produces a type or quality of solid waste which requires the frequent collection to protect the health, sanitation, or safety, the Governing Board by resolution may direct the license holder to collect solid waste from that particular customer on a more frequent basis.

 

D.   Insurance Required.  Proof of Liability and Workers Compensation insurance certificate must be provided along with the application for a Commercial Garbage Hauler License.  Such insurance shall protect against loss from the following:

 

1.    Liability imposed by law for damages on account of bodily injury or death resulting therefrom, suffered or alleged to have been suffered by any person or persons whatever resulting directly or indirectly from:

 

a.     Any act or activity of the licensee;

b.     Any act or activity of any person acting for the licensee; and

c. Any act or activity of any person under the control or direction of the licensee.

 

2.    Liability imposed by law for damages to property resulting directly or indirectly from:

a.     Any act or activity of the licensee;

b.     Any act or activity of any person acting for the licensee; and

c. Any act or activity of any person under the control or direction of the licensee.

 

3.    The proof of insurance must show that the applicant has secured liability insurance with the following coverage:

 

                           a.    For public liability and property damage and for bodily injury/death, resulting from any one accident or any other cause, in the minimum amount of two hundred fifty thousand ($250,000) for any one occurrence and an annual aggregate limit of five hundred thousand ($500,000) for two or more occurrences;

 

b.    For damage liability for property damage resulting from any one accident or other cause, in the minimum amount of two hundred fifty thousand ($250,000); and

 

                           c.    Combined, coverage for bodily injury/death or property damage, in the minimum amount of One Million and No/100 Dollars ($1,000,000).

 

6.0208      Duty of License Holder.  License holders shall comply with all of the ordinances of the City of Marion.

 

6.0209      Rate Structure.  With application for licenses, each application for a Commercial Garbage Hauler License shall provide, as an attachment to the application, a schedule of the rates which the applicant is proposing to charge its customers.  The rate structure shall demonstrate that the applicant’s proposed rates are volume based, as defined by Section 1 of this Chapter.  If applicable, charges shall be categorized as to residential, commercial, and any other specific charges.  If the application is approved, the rate structure identified in the application shall remain in effect during the term of the license.  A license holder may change the rate structure during the term of license only upon approval by the Governing Board.  The Governing Board may approve a requested change only after a written request from the license holder, and only if the request appears to maintain the principles of volume based rates.  The Governing Board may independently of the Commercial Garbage Hauler set rates for the commercial Garbage Hauler License holders who have a City of Marion Commercial Garbage Haulers License.

 

6.0210      Routes.  Each dray business shall have the full discretion as to whether to pick up the garbage or commercial solid waste at the curb side or alley side.

 

6.0211      Rubble, Bulky Items, Trees and White Goods.  Each dray business shall be required to transport rubble, bulky items, trees and parts thereof weighing less than seventy-five (75) pounds, and white goods on a regular basis for all contracted customers.  The regular basis shall be no less than semi-annually.  The fee for hauling and disposal of rubble, bulky items, trees or white goods, is not included in the regular monthly fee for hauling garbage or commercial solid waste. 

 

6.0212      Penalty.  The penalty for violating this section shall be a fine not exceeding One Hundred and No/100 Dollars ($100.00) or by imprisonment not exceeding a maximum of thirty (30) days or by both such fine and imprisonment. 


 

TITLE 7 - TRAFFIC

 

Chapter 7.01 - General Provisions

Chapter 7.02 - Operation of Vehicles

Chapter 7.03 - Speed Restrictions

                             Chapter 7.04 - Parking

 

CHAPTER 7.01 - GENERAL PROVISIONS

 

7.0101  Definitions.

 

               A.    Street.  That part of the public highways of the City of Marion intended for and ordinarily used and traveled by vehicles and shall include alleys.

 

                     B.    Curb.  The extreme edges of any street.

 

     C.     Vehicle.  All conveyances, whether motor or drawn by horses or other animals and includes automobiles, trucks, motorcycles, delivery wagons, drays, sleighs, carriages and any other apparatus used for carrying passengers or commodities.

 

               D.   Right Hand or Left Hand Side of Street.  The right hand side and the left hand side as a vehicle moves forward.

 

E.    Operator or Driver.  Any person in actual physical control of a vehicle.

 

                     F.    Pedestrian.  Any person afoot.

 

               G.   Right-of-Way.  The privilege of the immediate use of the street.

 

               H.   Intersection.  That part of a street where a street joins another one at an angle, whether it crosses such street or not.

 

7.0102      Police Directions, Emergency Regulations.  It shall be the duty of the police department of the City of Marion to enforce all traffic regulations and all owners and operators of motor vehicles shall comply with the orders or directions of any police officer of the city, whether given by voice, signal or whistle, as to slowing down, stopping, starting, backing, approaching or departing from any place upon the City streets.  The police department is also empowered to make and enforce temporary regulations to cover emergencies or special conditions.

 

7.0103  Reporting Accidents.  The driver of any vehicle involved in an accident resulting in injury to person or property, shall immediately stop, render assistance and report such accident to the police department, by giving details of accident, name of owner and license number of the vehicle and any other infor­mation that may be requested by the police department.

CHAPTER 7.02 - OPERATION OF VEHICLES

 

7.0201  Passing.  All vehicles shall pass other vehicles to the right; and any vehicle overtaking another one shall pass to the left but shall pull over to the right hand curb as soon as it has overtaken such vehicle, but the overtaking vehicle shall first give a signal or warning to and shall not cut in front of the overtaken vehicle until safely clear of same.

 

7.0202  Right and Left Turns.  The operator of a vehicle intending to turn to the right at an intersection or driveway shall turn the corner as near the right hand curb as practicable; while one intending to turn into a street to the left or make an “inside left turn” shall go diagonally across the intersection, keeping as close as practicable to the center of the intersection and reaching the right hand side of the street entered turn left as directly as possible, and in the meantime signal the turn.

 

7.0203      U-Turns.  It shall be unlawful for any vehicle to cross over from the right side of the street to the left side thereof, or to make a complete turn around upon any street except at intersections with other streets or at points where proper U-turn signs are placed and maintained by the City.  Every driver of a vehicle approaching the intersection of a street or highway shall grant the right-of-way at such intersection to any vehicle approaching from the right; provided that when a traffic officer is stationed at any intersection or crossing he shall have full power to regulate traffic.

 

7.0204      Parking.  No vehicle shall be parked on any street of the City of Marion except close to the right hand curb or curb line, diagonally, at an angle of about forty-five (45) degrees, with the right side of the vehicle to the curbing an no closer than three feet to any other vehicle.  On Broadway Street, or any other street, where there are parking lines painted on the curb parking shall be between such painted lines and the straddling of such painted lines by any vehicle is prohibited.  Trailers must be unhooked so as not to extend into the street any more than the length of an ordinary motor vehicle.  The angle for parking on the west side of Broadway Street shall be as indicated by the painted lines or in the absence of such painted lines, at an angle of about forty-five (45) degrees.  There shall be parallel parking on the east side of Broadway Street.  There shall be no parking nearer than ten (10) feet of a fire hydrant, nor in front of a private driveway, nor on the railroad right of-way, nor within an intersection, nor on an alley or on a sidewalk.

 

7.0205  Backing.  No vehicle shall move backward upon the streets of the City of Marion for a greater distance than is necessary to turn or move away from the curb, and ample warning shall be given and notice taken of the going traffic on the street, either in backing away from any curb or out of any public or private garage across any sidewalk, so as to avoid injury to other traffic or to pedestrians.

 

7.0206  Starting Vehicles.  A standing vehicle about to start shall give moving vehicles the right-of-way, and the driver thereof shall look back and give ample warning before starting.

 

7.0207      Crossing Sidewalks, Fire Hose.  No vehicle shall be driven over any unprotected fire hose when laid down on any street to be used at any fire alarm for fire, without the consent of the fire departmental officer in charge; nor shall any vehicle cross any sidewalk except where regular driveways are provided.

 

7.0208      Brakes and Signals.  Every motor vehicle shall be provided with adequate brakes in good working order and sufficient to control such motor vehicle at all times when in use; and adequate bell or horn for signaling, and shall display at least two front lights and one red rear light a half hour after sunset and a half hour before sunrise; provided that a motorcycle shall be required to display only one front light and that trains in continuous motion shall not be subject to the requirements of this section.

 

7.0209  Stop and Yield Sign.  The governing body of the City of Marion is authorized to designate main traveled or through streets by erecting at the entrance thereto, from intersecting streets, signs notifying drivers of vehicles to come to a full stop or to yield and before entering or crossing such designated streets to be certain that such main traveled or designated street shall be free from oncoming traffic which may affect safe passage.  It shall be unlawful for the driver of any vehicle to fail to obey any such duly erected sign.

 

7.0210      Mufflers.  It shall be unlawful for any person to operate a motor vehicle upon any of the streets of Marion or public grounds of the City unless it is equipped with an exhaust system and a muffler both in good working condition and in constant operation to prevent excessive or unusual noise.  No person shall use a “muffler cut-out” on any motor vehicle within the City.

 

7.0211  Age of Driver.  It shall be unlawful for any owner or person in charge of a motor vehicle to permit any child under sixteen (16) years of age to operate such motor vehicle in the City of Marion unless such person holds a valid instruction or restricted permit.

 

7.0212  Reckless Driving.  Any person who drives any vehicle upon a street care­lessly and heedlessly in disregard of the rights or safety of others, or without due caution and circumspection at a rate of speed or in a manner so as to endanger or be likely to endanger any person or property, shall be guilty of reckless driving.

 

7.0213  Exhibition Driving.  Any person who drives any vehicle within the city limits of the city of Marion in such a manner that creates or causes unnecessary engine noise, horn noise, tire squeal, or skids or slides upon acceleration or stopping; or that simulates a temporary race; or that causes the vehicle to unnecessarily turn abruptly or to sway; or unnecessarily accelerates or decelerates said vehicle shall be guilty of exhibition driving.

 

7.0214  Careless Driving.  Any person who drives any vehicle carelessly and with­out due caution at a speed or in a manner so as to endanger any person or property not amounting to reckless driving as defined above shall be guilty of careless driving.

 

7.0215      Driving While Intoxicated.  It shall be unlawful for any person to drive or operate or attempt to drive or operate any vehicle upon the streets of Marion while such person is in an intoxicated or drunken condition or under the influence of intoxicating liquor.

 

 

CHAPTER 7.03 - SPEED RESTRICTIONS

 

7.0301      Speed Limits.  It shall be unlawful for the driver of any vehicle to operate same on any of the streets of Marion at a rate of speed in excess of twenty-five (25) miles per hour; or to operate a rail­road train or locomotive at a rate of speed greater than twenty (20) miles per hour when crossing Broadway Street, or to allow any railroad train, locomotive or cars to stand and remain upon or across Broadway Street for longer than five (5) minutes at any one time without uncoupling and leaving room for the traffic to pass unhindered.

 

7.0302      Prudent Speed.  It shall be unlawful for any person to drive a motor vehicle on any street or highway located in the City of Marion at a speed greater than is reasonable and prudent under the conditions then existing or at speeds in excess of those fixed by the City of Marion.

 

7.0303      Penal Provisions.  Any person violating any of the provisions of this chapter shall upon conviction thereof be guilty of a Class 2 misdemeanor.

 

 

CHAPTER 7.04 - PARKING

 

7.0401      Parking of Trucks, Trailers, or Truck-Trailer Combinations in Residentially Zoned Areas in the City of Marion.  It shall be unlawful for the owner, operator, or driver of any motor truck, trailer, or truck-trailer combinations with a manufacturer’s gross vehicle weight rating capacity (GVW), or a gross combined weight rating capacity (GCW), of Thirty Thousand (30,000) pounds or greater, to park or permit to be parked or leave standing on any public street, avenue, or alley, in or adjacent to a residentially zoned area or where otherwise prohibited by an official sign or marking, except for the express purpose of loading or unloading such motor truck, trailer, or truck-trailer combination.  Violation of this Ordinance shall be punishable in accordance with the provisions of SDCL 9-19-3.

 

7.0402      Parking on City Streets.  The Marion City Council may establish areas on City Streets that are available for parking vehicles, and may also establish areas on public streets wherein parking is prohibited.

 

7.0403      Penalty.  Violation of this Ordinance shall be a Class 2 misdemeanor.


 

TITLE 8 - UTILITY FRANCHISE

 

Chapter 8.01 - Cable Television

                             Chapter 8.02 - Gas

 

 

CHAPTER 8.01 - CABLE TELEVISION

 

8.0101  Franchise Granted.  The City of Marion, South Dakota hereby grants to Satellite Cable Services - II, Inc., a South Dakota Corporation, a non-exclusive franchise for cable television services in the City of Marion.

 

8.0102      Qualifications of Grantee and Grant of Nonexclusive Authority.  Whereas the City has approved of the legal, character, financial, technical and other qualifications of the Grantee and the adequacy and feasibility of the Grantee’s construc­tion arrangements as part of a full public proceeding af­fording due, process, including notice to all interested persons and members of the public, there is hereby granted by the City to the Grantee a nonexclusive franchise, right and privilege to construct, erect, operate, modify and maintain, in, upon, along, across, above and over and under the high­ways, streets, alleys, sidewalks, public ways and public places now laid out or dedicated and all extensions thereof, and additions thereto, in the City, poles, wires, cables, underground conduits, manholes and other television conduct­ors and fixtures necessary for the maintenance and operation in the City of a Cable Television System for the purpose of distributing television and radio signals, and other elec­tronic impulses in order to furnish television and radio programs, and various communications and other electronic services to the public.  The right so granted includes the right to use and occupy said streets, alleys, public ways and public places and all manner of easements for the pur­poses herein set forth.

 

8.0103      Fees.  The City of Marion may by action of the City Council set any fee for a cable television franchise and for use of any public right-of-way.

 

 

CHAPTER 8.02 - GAS

 

8.0201      Right Granted.  The right is hereby granted to Northwestern Public Service Company, its successors and assigns to occupy any of the streets, alleys or public places of the City of Marion, South Dakota, for the purpose of transmitting or distributing natural gas for a period of twenty (20) years from the 6th day of April, 1992, provided, however, that the right herein granted shall not be exclusive.

 

8.0202      Liability of Grantee.  The grantee shall be liable for all damages due to its negligence in constructing, operating or maintaining its natural gas system within the said municipality, and shall at all times save the said municipality harmless from any and all liability arising out of negligence of the grantee.

 

8.0203      Effect of Ordinance.  This Ordinance shall not be effective unless said Company shall file its unconditional acceptance of this Ordinance with the City Council of said City within forty-five (45) days after the publication of said Ordinance.

 

 

 

 

 

 

 

 

 


 

TITLE 9 - OFFENSES

 

Chapter 9.01 - Offenses Against Public Welfare

                             Chapter 9.02 - Minors

                             Chapter 9.03 - Animals

                             Chapter 9.04 - Fireworks

 

 

CHAPTER 9.01 - OFFENSES AGAINST PUBLIC WELFARE

 

9.0101      Offenses Against Public Welfare.  The following offenses and acts as set forth in this chapter are declared to be unlawful as Class 2 misdemeanors and the same are prohibited within the corporate limits of the City of Marion, Turner County, South Dakota:

 

A.    Offensive Conduct. The disturbing of the peace and the quietness of the City or any neighborhood, family or individual therein, by tumultuous, loud, unusual noises, threatening or insulting language; striking, assaulting or beating another person; inviting or defying another to fight or quarrel, wilfully destroying or attempting to destroy, injure or molest the property of another or the City, schools or churches, or in any manner degrade or interfere with the morals, health, or comfort of the inhabitants of the City; and to climb the water tower, except by persons lawfully authorized to do so.

 

B.    Crowds on the Streets. To congregate or gather in crowds or groups on any public street or sidewalk in manner to obstruct free passage thereon, to annoy persons passing thereon or to refuse to disperse at the request of any police officer of the City.

 

C.    Obstructing Sidewalks.  To place or cause to be placed any goods, wares, merchan­dise, empty boxes, barrels or packages on sidewalks other than for loading or unloading and in no case overnight; to allow no mud rubbish debris or other obstruction of any kind to remain on the sidewalk; to permit no bicycle to be driven thereon or vehicle to use it other than crossing the same.

 

D.   Littering.  It shall be unlawful for any person to throw, drop, cast or deposit upon any street, alley, sidewalk, lake, stream, river, pond, body of water or any yard or premises, public or private, any filth of any kind, or cans, paper, trash, paper containers, rubbish, bottles, or any form of litter or waste matter.

 

E.    Driving Through Processions.  To drive through or otherwise interfere with any funeral or other authorized procession on any of the streets.  It shall be the duty of any such driver to stop and wait until the procession has entirely passed by.

 

F.   Weapons and Firearms.  The drawing of a pistol, revolver, gun, knife, air or pellet pistol, air or pellet rifle, bow of any type, blow gun, spear, electric stun gun, nonchaku, throwing stars, sling shot or deadly weapon upon or in the presence of any person; the discharge of any firearm or weapon, the throwing or swinging of any weapon in any public place, the throwing of burning substance from vehicles; or the  arraying of concealed, dangerous or controlled weapons, except by an officer in the performance of his duties; and the placing of any kind of explosives or explosive material with intent to cause harm, to destroy or disturbance.  Punishment for violation of the above is a Class Two (2) misdemeanor.

 

G.  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:

 

1.        Commits an act in a violent and tumultuous manner towards another whereby that other is placed in danger of life, limb or health.

 

2.        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.

 

3.        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.

 

4.        Interferes with another's pursuit of a lawful occupation by acts of violence.

 

5.        Obstructs, either individually 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.

 

6.        Resists or obstructs the performance of duties by a law enforcement officer or other authorized official.

 

7.        Incites, attempts to incite, or is involved in attempting to incite a riot.

 

8.        Addresses abusive language or threats 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. Words merely causing displeasure, annoyance or resentment shall not be prohibited.

 

9.        Damages, befouls or disturbs public property or the property of another so as to create a hazardous, unhealthy or physically offensive condition.

 

10.      Makes or causes 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.

 

11.      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, and the public health and safety is eminently threatened.

 

H.  Definitions. The following definitions shall apply to Disorderly Conduct:

 

1.        Public Place. Any place to which the general public has access in the right resort 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. A public disturbance involving (i) an act or acts of violence by one 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 or (ii) 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 persons of any other individual.

 

3.        Inciting Riots. Urging or instigating other persons to riot, but shall be deemed to mean the mere oral or written advocacy of ideas or expression of belief, not involving advocacy of any act or acts of violence or assertion of the rightness, or the right to commit, any such act or acts.

 

I.   Construction of Section.  These Ordinances 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.

 

J.   Indecency.  It shall be unlawful for any person within the City to:

 

     1.       Knowingly disseminate, distribute or make available to the public any obscene materials.

 

     2.       Knowingly engage or participate in any obscene performance made available to the public.

 

     3.       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.

 

     4.       Appear in any public place in a state of nudity, indecent dress, or to 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:

 

               a.       “Obscene”:  To the average person applying contemporary community standards, taken as a whole, that the material appeals to the prurient interests and (i) depicts or describes patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, or (ii) 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.

 

               b.       “Prurient interest”:  Shame or morbid interest in nudity, sex, or excretion which goes substantially beyond customary limits of candor in description or representation.

 

               c.        “Material”:  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.

 

               d.       “Dissemination”:  To transfer possession of material, with or without consideration.

 

               e.       “Knowingly”:  Being aware of the character and content of the material.

 

               f.        “Promote”:  To cause, permit, procure, counsel, or assist.

 

 

CHAPTER 9.02 - MINORS

 

9.0201      Curfew.  No minor under the age of sixteen (16) years shall be in or remain in or upon the public streets, alleys, parks, playgrounds, public grounds, public places, public buildings, public places of amusements and entertainment, vacant lots or other unsupervised public places within the city excepting travel home from school or religious functions, between the hours of 10:00 p.m. and 6:00 a.m.  Under this section, minors under the age of eighteen (18) years but over sixteen (16) years, shall not remain in or upon the same previously mentioned public places, excepting travel home from school or religious functions, between the hours of 1:00 a.m. and 5:00 a.m. on Fridays and Saturdays.

 

9.0202      Exceptions.  Provisions of this ordinance imposing curfew on minors shall not apply to a minor accompanied by his or her parent, guardian or other adult person having the care and custody of the minor, or where the minor is upon an emergency errand or business directed or authorized in writing by his or her parent, guardian, or such adult person having the care and custody of the minor, or where the minor is upon an emergency errand or business directed or authorized in writing by his or her parent, guardian, or such adult person having the care and custody of the minor.  Said authorization shall be in possession of the minor for the duration of the emergency errand/business.

 

9.0203      Parent Responsibilities.  It shall be unlawful for the parents, guardian, or other adult person having the care and custody of a minor to knowingly permit such minor to be or remain in or upon public streets, alleys, parks, playgrounds, public grounds, public places of amusement or entertainment, vacant lots or other unsupervised public places within the City between the hours listed in section one above, except when the minor is upon an emergency errand or business directed or authorized in writing by his or her parent, guardian or other adult person having the care and custody of the minor.  Such authorization must be in the possession of the minor for the duration of the emergency errand business.

 

9.0204      Officer Responsibilities. It shall be the right of any authorized officer or authorized person to detain or take into custody and minor violating the curfew and to keep said minor detained until his or her parent, guardian, or custodian is notified when said minor may be released upon giving of a promise by the minor and his parent, guardian or custodian, that such minor together with his parent, guardian or custodian, will appear at a stated time before the proper authority answer the charges.

              

 

CHAPTER 9.03 - ANIMALS

 

9.0301      General Definitions Words when used in this Chapter unless the text otherwise plainly refers, shall have the meaning indicated:

 

A.  At Large.  Off or outside of the premises belonging to the owner or keeper of such dog and not under the control of such owner or keeper, or the agent or servant 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 owners premises shall not be deemed to be at large if he is under the immediate control of the owner or his agent and engaged in a course of training which require the animal to be unleashed.

 

B.  Dog.  Any member of the canine family, both male and female.

 

C.  Leash.  A cord, thong, chain, device or physical restraint not more than ten (10) feet in length by which a dog is controlled by the person accompanying it sufficient to restrain dogs.

 

D.  Owner.  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.

 

E.   Domestic Animal.  Any of various animals (as the horse, sheep, dog, cat, goat) domesticated by man so as to live and breed in a tame condition.

 

F.   Cat.  Any member of the feline family, both male and female.  For the purposes of this Ordinance, “cat” is meant to include only common domesticated cats, and not any wild species of cat.

 

G.  Premises.  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.

 

H.  Vaccination.  The injection by a veterinarian or other qualified person of vaccine approved by, and administered in accordance with, the provisions of this Chapter and resolutions of the governing body of the City.

 

I.   Veterinarian.  A licensed practitioner of veterinary medicine licensed to practice such profession in the state.

 

9.0302    Limit in number of dogs and cats.  It shall be unlawful for any person or persons, or household, in the limits of the City of Marion to own or possess more than four dogs and four adult cats.  Of the four dogs that can be owned or possessed, only two of the dogs can weigh more than twenty-five pounds.  It is the intent of this Ordinance to set an aggregate limit to the number of dogs that may be legally owned by one family, household, or co-habitants of any kind.

 

               This Ordinance does not apply to litters of dog puppies or kittens from the time of their birth until they are eight weeks old.

 

9.0303  Dogs and Cats at Large.

 

A.  It shall be unlawful for any person or persons to permit or allow to run at large within the limits of the City of Marion any dog or cat, whether licensed or unlicensed, and any police officer or person of proper authority is hereby authorized and empowered to impound any such dog or animal found running at large in violation of this section.

 

B.  Any dog or cat shall be deemed running at large within the meaning of this section when such animal is loose and not confined to the premises of the owner.  However, a dog on a leash in the hands of an attendant or a dog which is loose but accompanied by its owner or an attendant, shall not be deemed running at large.

 

9.0304      Dogs Barking.

 

No person owning any dog, licensed or unlicensed, confined on the premises, or otherwise, shall permit such dog to disturb the peace and quiet of the neighborhood by continuous barking or making other loud or unusual noises. 

 

Upon signed complaint to the Police Department that any person is keeping or harboring any dog which disturbs the peace as herein set forth, it shall be the duty of said Police Department to notify the owner of said dog in writing of said complaint, and after such owner has been given forty-eight (48) hours notice of such violation and the violation is contin­uing, any police officer or person of proper authority is hereby authorized and empowered to go upon the premises and impound any such dog or animal so dis­turbing the peace.  In addition to the costs of impounding such animal, including the costs of kenneling, or other penalties prescribed, the owner shall be subject to a fine not to exceed $25.00.

 

9.0305      Duty to clean up animal waste of dog or cat.

 

It shall be the duty of any person who owns or possesses any dog or cat to clean up and dispose of any animal feces produced by a dog or cat.  If any dog or cat defecates on the private property of another person, or on public property, it shall be the duty of the owner or possessor of the dog or cat to immediately secure the feces and to remove it from the private property of another person, or public property, and to place the feces in an appropriate container or bag for permanent disposal.

 

All fecal matter produced by a dog or cat shall be disposed of before such fecal matter produces obnoxious odors, attracts flies or other vermin, or annoys the health, safety, repose, or comfort of the citizens of the City of Marion, or their neighbors. 

 

9.0306      Animals Running at Large Prohibited. No owner of any dog, cat, or other animal held as a domestic pet in the City shall permit such animal to run at large at any time. Any such animal found at large may be impounded as hereinafter provided. Upon impounding, the owner of such animal may at any time within three (3) working days after the same shall have been impounded, reclaim the animal by paying the City the sum of Twenty-five and No/100 Dollars ($25.00) plus kenneling costs.

 

In the event such animal is seized a second time, the owner shall pay the City the sum of Fifty and No/100 Dollars ($50.00) plus kenneling costs to reclaim such animal. If any animal so impounded shall not be reclaimed within ten (10) working days and all efforts to locate the owner have failed, or in the event the same animal is seized for a third time, the City is authorized to destroy, sell, or otherwise dispose of such animal.  Any dog or cat which does not display the proper tags shall be considered to be an animal running at large.

 

Any owner allowing their animal to run at large as defined in the provisions of this Section, if convicted, shall be guilty of a Class 2 misdemeanor.

 

9.0307      Destruction of Dogs Running at Large The Chief of Police is hereby authorized to employ, whenever he deems it necessary, a sufficient number of persons to capture and convey to the dog pound, and care for, kill and dispose of in the manner herein provided, any dog or dogs found running at large contrary to the provisions of this section.  All dogs captured and conveyed to the dog pound, as established by the City, shall be kept with humane treatment and supplied with sufficient food and water for a period of at least ten (10) days, unless sooner reclaimed by the owner or keeper thereof as herein provided in Section 9.0305 of this Title.  At the expiration of ten (10) days from the date of impounding such dog, and providing the owner of said dog shall fail or refuse to comply with the provisions of this section for the releasing of same, the person in charge of such dog pound may destroy such dog and to cause it to be removed and properly buried; provided that the owner of the licensed dogs shall have forty-eight (48) hours notice in writing, after the expiration of ten (10) days, before the same may be killed or destroyed.  It shall be the duty of the person in charge of said dog pound, before destroying any dog under the provisions of this section, to attempt to sell said dog at a private sale to any person who is willing to pay a sum sufficient to reimburse the City for all expenses of keeping said dog, including the costs set forth in Section 9.0305 of this Title and the $5.00 fee herein provided.

 

The Chief of Police should attempt to notify the owner, if possible, of any animal subject to this section within the ten (10) day holding period.  The Chief of Police has the discretion to delay the destruction of any animal when he reasonably believes the interests of justice so require.

      

9.0308  Cruelty To Animals.  It shall be unlawful to cruelly beat, torture, injure, maim, wound or otherwise abuse any animal or animals, whether owned by such person or others; to permit horses or mules, or other animals to be tied up in inclement or stormy weather or without feed or water.

 

9.0309  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. The City may, in lieu of the provisions of this Section, maintain its own impoundment area or quarters, under the supervision of the City Council or local law enforcement officials.

 

9.0310  Obstruction of Law Enforcement.  No person shall hinder, delay, or obstruct any law enforcement officer or other authorized official when engaged in capturing, securing or impounding any animal or animals.  A violation of this Section is declared to be a class 2 misdemeanor.

 

9.0311  Licensing of Dogs and Cats.

 

A.  License.  It shall be unlawful for any person or persons within the City of Marion to keep, maintain, or have in his custody or under his control, any dog or cat, without first having obtained an annual license from the City Finance Officer as hereinafter provided.

 

B.  Obtaining Annual License.  Any person or persons desiring to keep, maintain or have in his custody or control by himself, or agent, within the said City of Marion, any dog or cat, shall, on or before January 31 of each year, obtain from the City Finance Officer a license to keep such dog for said year.  No license shall be issued for any dog or cat that does not have a rabies vaccination pursuant to Section E.

 

C.  Fee, Tag.  The owner shall at the time of obtaining such license, pay to the City Finance Officer as a license fee the sum of $5.00 for each animal for which such license is sought.  All license fees are to go into the city treasury.  Further, at the time of procuring said license, the owner of such dog or cat must produce a receipt or other certificate executed by a licensed veterinarian showing that said dog or cat has been immunized for rabies for the duration of the license period.  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 owner a metallic tag for each dog or cat for which such license is issued, upon which tag shall be stamped or engraved the registered number of the dog or cat.  It shall then be the duty of the owner of the dog or cat to place a collar around the neck of such dog or cat so owned or kept by him, on which collar shall be securely fastened the metallic tag furnished by the City Finance Officer. 

 

     The said collar and tag are to remain at all times on the body of the dog or cat.  In case of the loss of any tag so issued, the City Finance Officer is authorized to issue a duplicate tag upon payment to the department the actual cost of replacing the tag.

 

D.  Duty of Chief of Police.  It shall be the duty of the Chief of Police to keep a register of the name of the owner of each dog or cat, the registered number of the dog or cat, and the description of each dog or cat.

 

E.   Compulsory Immunization of Animals for Rabies.  Every dog or cat held in the City, six 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 a dog, cat or other animal by purchase, gift, birth or otherwise, shall have such animal immunized against rabies within one month following acquisition or when such animal reaches the age of six months.

 

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.

 

9.0312  Vicious or Diseased Animals.

 

A.  Vicious animals prohibited. It shall be unlawful for any person to keep, maintain or have in their possession or under their control within the city any vicious animal.

 

B.  Vicious animal defined.  Any animal which, according to records of the appropriate authority, has inflicted serious injury on a human being on public or private property. Any animal, according to records of appropriate authority, has killed or seriously injured a domestic animal while OFF of the owners property.  Any animal owned or harbored primarily or in part for the purpose of fighting, or any animal trained for fighting.  Any animal which chases or approaches a person upon the streets, sidewalks, or any public or private property in a menacing fashion or apparent attitude of attack.

 

Any animal of a known propensity, tendency, or disposition to attack, to cause injury, or to otherwise threaten the safety of human beings or animals.

 

C.  Specific canine breeds prohibited as vicious.  It shall be unlawful for anyone to have in their possession or control any of the following breeds of canines within the City of Marion:

 

1.        Pit Bulls

2.        Doberman Pincer

3.        Rottweilers

 

D.  Exemptions for animals that are provoked. It is recommended no animal 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 conduct a crime.

 

If any dog is of a vicious disposition or has dangerous habits, or is suspected of being diseased, the police shall notify the owner or possessor of such dog orally or by written private or public notice to confine or muzzle such dog and if thereafter such owner or possessor fails to comply with such notice, the police are authorized, empowered and directed to kill or cause to be killed such dog, whether found running at large or upon the premises of the owner of such dog, forthwith, and without impounding such dog.

 

Any owner who allows a vicious animal to be in violation of the provisions of this section shall be guilty of a misdemeanor and if convicted will be guilty of a further violation each day that such condition is allowed to exist or goes uncorrected.

 

Any animal involved in an unprovoked attack which results in serious injury to any human, shall be impounded and if unable to 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 euthanized, or at the discretion of the city the animal may be placed at a home outside of the city.  Unless permitted by the city council, no vicious animal shall be returned to reside in the city.  Because of the dangers involved in housing a vicious animal, the owner must show cause in court within five days of impoundment of vicious animal why the animal should not be destroyed.

 

9.0313       Poisoning of Animals.  It shall be unlawful to willfully administer poison to any dog or other animal, the property of another, or to expose any poisonous substance with intent that the same shall be taken by such animal.

 

9.0314      Placing Animals for Observation.  When any person owning or harboring a dog, cat or other animal has been notified that said animal has bitten or attacked any person, the owner shall within twenty-four (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 ten (10) days.

 

               At the end of the ten (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.  Forty-eight (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 ten (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.

 

9.0315      Wild or Dangerous Animals.

 

A.  Wild or dangerous animals prohibited.  It shall be unlawful for any person to keep, maintain or have in their possession or under their control within the city of Marion, any poisonous reptile or any other dangerous animal or carnivorous wild animal or reptile, or any other animal or reptile of wild, vicious or dangerous propensities.

 

B.   Dangerous animal defined.  Any wild 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, vicious nature or other characteristics would constitute a danger to human life or property if it escaped from secure quarters.  Dangerous Animal also includes 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.

 

C. Specific animals prohibited as dangerous. It shall be unlawful for any person to keep, maintain or have in their possession or under their control within the city any of the following animals:

 

1.        Any animal which has been declared to be protected or endangered by the U.S. Department of the Interior

2.        All poisonous animals, including rear-fang snakes

3.        Badgers (melllnae)

4.        Bears (ursidae)

5.        Beavers (castoridae)

6.        Canids, that is: Wolves, Foxes, Coyotes, Jackals, Dingo, Raccoon dogs, or any hybrid thereof

7.        Civet (viverrines)

8.        Civet or raccoon dog (nycterevtes procyonoides)

9.        Constrictor snakes

10.      Crocodilians, that is: alligators, crocodiles, caimans, cavials

11.      Eagles, hawks, owls

12.      Edentata, that is: anteaters, tamanduas, sloths, armadillos

13.      Emus (casuariiformes)

14.      Felids, that is: lions, tigers, leopards, cheetahs, jaguars, pumas, lynx, ocelots, bobcats or any hybrid thereof

15.      Game Cocks and other fighting birds

16.      Hyenidea (hyenas)

17.      Marsupials, that is: opossums, tasmanian wolf, kangaroos, koalas, wombats

18.      Muskrats (ondatra)

19.      Ostriches (struthio)

20.      Porcupine (hystricomorpha)

21.      Primates (non-human), that is: apes, monkeys, baboons, chimpanzees, gibbons, gorillas, orangutans, siamangs

22.      Procuoriids, that is: raccoons, coatis, kinkajous, ring-tailed cats, pandas

23.      Rheas (frheiformes)

24.      Skunks (imephitinae)

25.      Squirrels (sduridae)

26.      Sharks (chondrichthyes)

27.      Swine (suidae)

28.      Ungulates, that is: elephants, zebra, tapirs, rhinoceroses, camel, llama, caribou, antelope, bison, reindeer, deer, giraffe, hippopotamus, wild boar, gazelle, gnu

29.      Water buffalo (bubalus)

30.      Wart hogs (phacochorus aethiopicus)

31.      Weasels

           

Commercial animal shows or circus companies may obtain a permit from the city for shows to be performed in the city.

 

D.  Owner to Report Escape of Dangerous Animals or Animals not Indigenous to State.  The owner or keeper of any member of a species of the animal kingdom that escapes from their custody or control and that is a dangerous animal or is not indigenous of this state or presents a risk of serious physical harm to persons or property shall, within one hour after they discover or reasonably should have discovered the escape, report it to a law enforcement officer or elected official of the City of Marion, and to the Turner County Sheriff’s Office.

 

9.0316      Violation, Penalty.  Any person violating the provisions of this Chapter shall be guilty of a class 2 misdemeanor. 

 

9.0317      Violation of This Chapter Declared A Public Nuisance.  Any person who violates the provisions of this Chapter shall be deemed to have engaged in a public nuisance as defined in SDCL Chapter 21-10.

 

9.0318      Animal Permits.  No person may possess any commonly grown farm animal, including, but not limited to, cattle, hogs, sheep, chickens, ducks, and other fowl, or horses, without obtaining a yearly permit from the City Council.  The City Council may permit the possession of these types of animals if the applicant demonstrates that the area the animal is to be kept is appropriate for such a purpose, and the possession of the particular animal or animals shall not annoy the comfort, health, safety, or repose of neighboring properties.  The City Council may deny any such request when it determines that the allowance of such a permit is not in the best interests of the City of Marion.

 

 

CHAPTER 9.04 - FIREWORKS

 

9.0401      Fireworks Prohibited - Exceptions.  The use, throwing, lighting, firing, display or sale of fireworks within the City shall only be authorized in accordance with SDCL Chapter 34‑37.  The use of fireworks may be permitted from June 27 to July 5 of each year.  Fireworks may be used from the hours of 9:00 a.m. until 10:00 p.m. except for July 4, when fireworks may be used from 8:00 a.m. until 11:00 p.m. The provisions of this section shall not apply to any person, firm, or corporation duly permitted by the Marion City Council to discharge fireworks for public entertainment at any public celebration in the City of Marion.  In cases of extremely dry seasons in which a significant fire hazard exists, the Marion City Council shall be empowered to prohibit the use of any fireworks from June 27 to July 5 within the City limits of the City of Marion.

 

 


 

TITLE 10 - STREETS, SIDEWALKS AND PUBLIC PLACES

 

                             Chapter 10.01 - General Provisions

Chapter 10.02 - Curb Lines and Grades

Chapter 10.03 - Excavations

                             Chapter 10.04 - Sidewalks

                             Chapter 10.05 - City Parks

                             Chapter 10.06 – Snow Removal

 

CHAPTER 10.01 - GENERAL PROVISIONS

 

10.0101     Names of Streets. The following shall and do constitute the names of the public streets of the City of Marion:

 

A.     Broadway Avenue is the public highway upon the Section Line between Sections 5 and 6, Township 99, Range 54.

 

B.     Lincoln Avenue is the public thoroughfare lying west of Blocks “A” and “D” in Nickel’s Addition and east of blocks “B” and “C” of said addition and south to Outlot 61.

 

C.     Cedar Avenue is the public thoroughfare lying east of Blocks 4, 5 and 18 of the Original Townsite of Marion and west of Blocks 3, 6 and 17 of said townsite and south to the section line.

 

D.     Juniper Avenue is the public thoroughfare lying east of Blocks 3, 6 and 17 and west of Blocks 2, 7 and 16 of the Original Townsite of the City of Marion.

 

E.     Main Avenue is the public thoroughfare lying east of Blocks 2, 7 and 17 and west of Blocks 1, 8 and 15 of the Original the City of Marion.

 

F.     Poplar Avenue is the public thoroughfare lying east of Blocks 1, 8 and 15 and west of Blocks 9 and 14 of the Original Townsite of the City of Marion.

 

G.     Poplar Avenue is the public thoroughfare lying east of Block 9 and west of Block 10 of the Original Townsite.

 

H.     Walnut Avenue is the public thoroughfare lying between Blocks 10 and 11 of the Original Townsite.

 

I.      Dakota Avenue is the public thoroughfare lying east of Outlots 3 and 8 and west of Outlots 2, 18 and 19 and continuing south of State Street.

 

J.     Nebraska Avenue is the public thoroughfare lying east of Outlots 2, 27 and 28 and Lot 32 of Kuchenbecker’s Addition and west of Outlots 1 and 63.

 

K.     Center Street is the public thoroughfare lying south of Outlots 2, 9 and 10 and north of Outlots 28, 11, 12, 15, 16, 17 and 18.

 

L.     Washington Street is the public thoroughfare lying south of Outlots 28, 13, 14, 15, 16, 17, 18, 3 and 5 and north of Outlots 6, 7, 8, 19, 20, 22, 23, 50, 24, 25, 26 and 27.

 

M.     State Street is that public thoroughfare lying south of Outlots 25, 26 and 27 of Houghton’s Addition to Marion north of Kuchenbecker’s Addition to Marion.

 

N.     North Main Avenue is the public thoroughfare lying between Blocks “A” and “B” of Kuchenbecker’s Addition (Third) to Marion and constitutes that portion of Main Avenue north of the main track of the Railway.

 

O.    Florida Street is the public thoroughfare upon the east and west quarter line through Section 5, Township 99, Range 54. 

 

P.     Florida Avenue is the public thoroughfare lying south of Blocks “A” and “B” of Nickels Addition and north of Blocks “C” and “D” thereof.

 

Q.    First Street is the public thoroughfare lying south of Blocks 1, 2, 3 and 4 and north of Blocks 5, 6, 7 and 8 and 9 of the Original Townsite.

 

R.     Second Street is the public thoroughfare lying south of Blocks 5, 6, 7, 8, 9 and 10 and north of Blocks 13, 14, 15, 16, 17 and 18 of the Original Townsite.

 

S.     West Second Street is the public thoroughfare lying south of Blocks “C” and “D” of Nickel’s Addition.

 

T.     Third Street is the public thoroughfare lying south of Blocks 15, 16, 17 and 18 and north of Blocks 19, 20, 21 and 22 of the Original Townsite.

 

U.     Fourth Street is the public thoroughfare lying between Blocks “A” and “J” and Blocks “B” and “I” of Heetland’s Addition and west across Broadway to intersection with Lincoln Avenue.

 

V.     Fifth Street is the public thoroughfare lying south of Block 2 of Rasmussen’s re-plat of parts of Blocks “H”, “I” and “J” of Heetland’s Addition and running west to Broadway Avenue.

 

W.    Hieb Street is the public thoroughfare lying between Park Street and Florida Avenue.

 

X.     Randall Avenue is the public thoroughfare lying between Blocks 2 and 3 of Becker’s Addition.

 

Y.     Wagner Street is the public thoroughfare lying beginning at the south edge of Lot 7 of Witkop Addition East to the east edge of Handwerk’s Track 1.

 

Z.     Park Avenue is the public thoroughfare.

 

Any and all public streets and alleys dedicated to the public use, and all streets, avenues, highways, alleys, roads and highways heretofore laid out as such by competent authority and lying within the jurisdiction of the City of Marion are hereby continued and declared to be public thoroughfares of the City.

 

10.0102     Fences and Structures.  It shall be unlawful for any person or persons, by themselves or their agents or employees, to build, construct or maintain any fence, structure or building upon any of the public streets or alleys of the City of Marion or so close thereto that it may amount to a nuisance or interfere with the convenience or the safety of the passersby, and under no conditions to construct or erect a barbed wire fence along any street or alley, or road within said City or within ten (10) feet thereof.

 

10.0103     Trees.  It shall be unlawful for any person or persons, agents or employees thereof, to plant ornamental or other trees at less than six feet from the lot line of any lot or parcel of ground; provided that such person or persons shall keep all such trees trimmed so that no limbs thereof shall project over the sidewalk at less distance above such walk than eight (8) feet.

 

10.0104     Maintenance of Private Crossings.  All property in the City of Marion, abutting on any street or alley, where there is a drainage ditch on either side of the street, shall keep up and maintain any and all crossings that may be needed to cross from such streets or alleys to such private property, at their own cost and expense.

 

 

CHAPTER 10.02 - CURB LINES AND GRADES

 

10.0201     Street Grades.  The center line grade on the streets or avenues hereinafter named shall be and are hereby established as follows:

 

                             Elevation

 

Florida Street: (First Street) East line  of Outlot 46                                     96.20

                   West line of Lincoln Avenue                                                            98.00

     East line of Lincoln Avenue                                                            99.00

                   West line of Broadway                                                                   97.00

     West line of Cedar Avenue                                                             95.50

East line of Cedar Avenue                                                              95.00

                   West line of Juniper Avenue                                                           91.50

                   East line of Juniper Avenue                                                            90.96

West line of Main Avenue                                                              90.00

                   East line of Main Avenue                                                               90.00

West line of Poplar Avenue                                                             91.80

                   East line of Poplar Avenue                                                              91.00

Second Street

East line of Sub-lot “G”                                                                  98.75

                   West line of Lincoln Avenue                                                           97.75

     East line of Lincoln Avenue                                                            97.50

     West line of Broadway                                                                   97.40

                   150' east of east line of Lincoln Avenue                                              98.00

     East line of Broadway                                                                    96.90

West line of Cedar Avenue                                                             95.76

     East line of Cedar Avenue                                                              95.50

                   West line of Juniper Avenue                                                           94.36

     East line of Juniper Avenue                                                            94.11

                   West line of Main Avenue                                                              93.00

     East line of Main Avenue                                                               91.00

               Lincoln Avenue

     200' south of north line of Outlot 48                                                 97.00

                   North line of  Outlot 48                                                                 95.10

     South line of  Second Street                                                           97.00

                   North line of  Second Street                                                            98.00

     South line of  First Street                                                               99.00

                   North line of  First Street                                                               98.50

     South line of  Florida Street                                                            97.40

                   North line of  Florida Street                                                            97.40

Broadway Avenue

                   South line of Block “E”                                                                 102.50

                   100' north of south line of Block “E”                                                 103.00

                   25' north of south line of Block “C”                                                    95.50

                   South line of Fourth Street                                                            97.60

                   North line of Fourth Street                                                             98.60

                   South line of Third Street                                                              98.60

                   North line of Third Street                                                               97.40

                   Center line of alley east of Second Street                                           98.00

                   South line of First Street                                                               97.60

                   North line of First Street                                                                97.00

                   South line of Florida Street                                                            97.40

                   North line of Florida Street                                                             97.20

                   753 feet north of north line of Florida                                                92.30

                   167' south of south line of State Street                                              94.50

                   South line of State Street                                                              92.90

                   North line of State Street                                                               92.20

                   350' north of north line of State Street                                              89.50

              

 

               Cedar Avenue

                   South line of Block “E”                                                                  99.00

                   170' north of south line of Block “F”                                                  97.30

                   50' north of south line of Block “G”                                                   94.30

                   250' north of south line of Block “G”                                                  93.50

                   50' north of south line of Block “I”                                                     96.00

                   South line of Fourth Street                                                            94.80

                   North line of Fourth Street                                                             94.80

                   South line of Third Street                                                              95.80

                   North line of Third Street                                                               95.80

                   Center line of alley of Block 17                                                         96.80

                   South line of Second Street                                                            95.80

                   North line of Second Street                                                            95.50

                   Center line of alley of Block 6                                                          95.00

                   South line of First Street                                                               95.50

                   North line of First Street                                                                95.50

                   150' north of north line of First Street                                                96.00

               Main Avenue

                   North line of Third Street                                                               94.00

                   150' north of north line of Third Street                                              95.00

                   South line of Second Street                                                            93.00

                   North line of Second Street                                                            92.50

                   200' north of north line of Second Street                                            89.00

                   South line of First Street                                                               89.50

                   North line of First Street                                                                90.00

                   150' north of north line of First Street                                                93.00

                   300' northeast of north line of First Street                                          94.00

               Juniper Avenue

                   North line of Third Street                                                               93.00

                   South line of Second Street                                                            94.40

                   North line of Second Street                                                            94.40

                   150' north of north line of Second Street                                            93.80

                   South line of First Street                                                               91.50

                   North line of First Street                                                                91.50

                   150' north of north line of First Street                                                91.00

               Broadway Avenue

                   North line of State Street                                                               93.00

                   South line of Washington Street                                                      90.00

                   North line of Washington Street                                                       89.50

                   580' north of north line of Washington Street                                      85.00

               Nebraska Avenue

                   North line of State Street                                                               95.00

                   South line of Washington Street                                                      93.60

                   North line of Washington Street                                                       93.10

               Florida Street

                   200' west of east line of Sub-lot “K”                                                   93.00

                   East line of Sub-lot “K”                                                                  93.50

                   300' east of east line of Sublot “K”                                                    96.18

                  

                   West line of Lincoln Avenue                                                           96.92

                   East line of Lincoln Avenue                                                            97.10

                   West line of Broadway                                                                   98.14

               Third Street

                   East line of Broadway Avenue                                                          98.60

                   West line of Cedar Avenue                                                             95.80

                   East line of Cedar Avenue                                                              95.00

                   West line of Juniper Avenue                                                           93.00

                   East line of Juniper Avenue                                                            93.00

                   West line of Main Avenue                                                              93.60

               Washington Street

                   East line of Broadway Avenue                                                          91.00

                   East line of Outlot 32                                                                    93.50

                   West line of Dakota Street                                                             94.33

                   East line of Dakota Street                                                              94.33

                   900' east of east line of Broadway Avenue                                           95.40

                   West line of Nebraska Avenue                                                         93.60

               State Street        

                   East line of Broadway Avenue                                                          94.00

                   1,000' east of east line of Broadway Avenue                                         97.00

                   West line of Nebraska Avenue                                                         95.40

 

The datum plan from which all elevations herein contained is established as one hundred (100) feet below the top of the water table of the City Hall building at the southwest corner of the intersection of Broadway Street and Florida Avenue.

 

At all points of the intersecting grades on the center lines of the street described herein, the proper vertical curves are to be constructed.

 

 

CHAPTER 10.03 - EXCAVATIONS

 

10.0301     Unlawful to Obstruct Drainage.  It shall be unlawful for any person, persons, firm or corporation, to obstruct to close up any drainage on any of the streets or alleys of the City of Marion between such streets and private property, or in any way to interfere with such drainage as established by ordinance and as heretofore constructed by the City, except at the written permit of the City Council.

 

10.0302     Digging and Refilling Ditches.  It shall be unlawful for any person or persons to dig any trench or ditch for water, sewer or any other purposes within the city limits of the City of Marion without first obtaining a permit therefore from the City Council, and it shall be unlawful for anyone to refill any such ditch or trench dug unless water is kept running into said ditch or trench in a large stream while earth goes in slowly so that all dirt will go back into the ditch or trench to prevent settling later.

 

CHAPTER 10.04 - SIDEWALKS

 

10.0401     Cement Sidewalks Required.   All sidewalks hereafter constructed in the City of Marion shall be constructed, built, or relaid of cement, surfaced in place, which said walks shall be constructed, built or relaid on the established grade of the City’s streets, alleys, avenues or public highways.  Said walks shall be of the width now established for the various streets, avenues and public highways and as may hereafter be fixed and established by the City Council, but shall in no case be narrower than four feet.

 

10.0402     How Constructed.  The subgrade shall be brought to an even surface by cutting or filling as may be necessary to bring the foundation nine inches below the established grade or sidewalk.  On this subgrade shall be spread a layer of broken stone or brick, or cinders may be used, to a depth of four (4) inches.  Upon this foundation shall be spread three inches of concrete, mixed one part of State or other good quality cement and five parts of coarse gravel or broken stones.  The wearing surface of the walk shall be composed of two parts of cement and three parts of sand thoroughly mixed and not less than two inches thick.  The surface of the walk, before the mortar sets, to be cut into blocks with wedge-shaped tools.  In all respects the work to be done in conformity with the directions of the City Council and under its supervision.

 

10.0403     Removing Snow or Ice.  It shall be the duty of the owner or occupant of any lots, house or other building, and of any person having in his or her charge any school-house, church or other public building, in front of which there is a sidewalk, to keep such sidewalk and gutter in front clear and free from snow and ice, and mud or other filth at all reasonable times, and to clean or remove within twenty-four (24) hours of any snowfall or sleet such snow or ice from said sidewalk.

 

10.0404     Penalty.  Any person violating any of the provisions of this chapter shall upon conviction thereof be guilty of a Class 2 misdemeanor.

 

 

10.05 - CITY PARKS

 

10.0501     Limited Camping Use It shall be unlawful for any person to camp in the City parks for more than seven (7) consecutive days in a thirty (30) day period of time. 

 

10.0502     Parks Not To Be Used As Residence.  It shall be unlawful for any person to utilize the City parks as a permanent or semi-permanent residence.

 

10.0503     Violation.  A violation of this Chapter shall be a Class 2 misdemeanor and shall constitute a public nuisance as defined by SDCL Chapter 21-10.

 

 

10.06 – SNOW REMOVAL

                                               

10.0601        Disposal of Snow.  It shall be the duty of the property owner, tenant, or person in possession of any public or private driveway, sidewalk, 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, after such public street or alley has been cleared of snow by the grading of such snow away from the curb or the picking up and carrying away of such snow by the City or in any manner that will obstruct or interfere with the passage or vision of vehicle or pedestrian traffic.

 

10.0602        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 of such removal to be assessed against the abutting property owner.  The costs of snow removal shall be as established by resolution of the City Council.  (SDCL 9‑30‑5)


 

TITLE 11 - SEWER

 

Chapter 11.01 - Use of Municipal Sewers

                             Chapter 11.02 - User Charge System

 

 

CHAPTER 11.01 - USE OF MUNICIPAL SEWERS

 

11.0101     Definitions.  Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:

 

A.     Biochemical Oxygen Demand (BOD).  The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees Centigrade, expressed in milligrams per liter.

 

B.     Building Drain.  That part of the lowest horizon­tal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall.

         

C.     Building Sewer.  The extension from the building drain to the public sewer or other place of disposal, also called house connection.

 

D.     Combined Sewer.  A sewer intended to receive both waste water and storm or surface water.

 

E.     Easement.  An acquired legal right for the specific use of land owned by others.

 

F.     Floatable Oil.  Oil, fat, or grease in a physical state such that it will separate by gravity from waste water by treatment in an approved pretreatment facility.  A waste­ water shall be considered free of floatable fat if it is properly pretreated and the waste water does not interfere with the collection system.

 

G.     Garbage.  The animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods.

 

H.     Industrial Wastes.  The waste water from industrial processes, trade, or business as distinct from domestic or sanitary wastes.

 

I.      Natural Outlet.  Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface or groundwater.

 

J.      May.  Permissive.

 

K.     Person.  Any individual, firm, company, association, society, corporation, or group.

 

L.     pH.  The logarithm of the reciprocal of the hydrogen ion concentration.  The concentration is the weight of hydrogen ions, in grams, per liter of solution.  Neutral water, for example, has a pH value of 7 and a hydrogen-ion concentration of 10-7.

 

M.     Properly Shredded Garbage.  The wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1 inch (1.27 centimeters) in any dimension.

 

N.     Public Sewer.  A common sewer controlled by a governmental agency or public utility.

 

O.     Sanitary Sewer.  A sewer that carries liquid and water-carried wastes from residents, commercial buildings, industrial plants, and in institutions together with minor quantities of ground, storm, and surface waters that are not admitted intentionally.

 

P.      Sewage.  Spent water of a community.  The preferred term is waste-water.

 

Q.     Sewer.  A pipe or conduit that carries waste water or drainage water.

 

R.     Shall.  Mandatory.

 

S.     Slug.  Any discharge of water or waste water which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (l) minutes more than five (5) times the average twenty-four (24) hour concentration of flows during normal operation and shall adversely affect the collection system and/or performance of the waste water treatment works.

 

T.     Storm Drain (sometimes termed Storm Sewer).  A drain or sewer for conveying water,        groundwater, subsurface water, or unpolluted water from any source.

 

U.  Superintendent.  The superintendent of waste water facilities, and/or of waste water works, and/or of water pollution control of the City of Marion, or his authorized deputy, agent, or representative.

 

 

 

V.     Suspended Solids.  Total suspended matter that either floats on the surface of, or is in suspension in water, waste water, or other liquids, and that is removable by laboratory filtering as prescribed in “Standard Methods for the Examination of Water and Waste Water” and referred to as nonfilterable residue.

 

W.     Unpolluted Water.  Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and waste water treatment facilities provided.

 

X.     Waste Water.  The spent water of a community.  From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any ground­water, surface water, and storm water that may be present.

 

Y.     Waste Water Facilities.  The structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and dispose of the effluent.

 

Z.      Waste Water Treatment Works.  An arrangement of devices and structures for treating waste water, industrial wastes, and sludge.  Sometimes used as synonymous with “waste treatment plant” or “waste water treatment plant” or “water pollution control plant.”

 

AA.   Watercourse.  A natural or artificial channel for the passage of water either continuously or intermittently.

 

BB.  City.  The City of Marion, Turner County, South Dakota.

 

11.0102     Use of Public Sewers Required

 

It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City of Marion, or in any area under the jurisdiction of said city, any human or animal excrement, garbage, or other objectionable waste.

 

It shall be unlawful to discharge to any natural outlet within the City of Marion or in any area under the jurisdiction of said city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.

 

Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of waste water.

 

 

The owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the jurisdictional boundaries of the city and which there is now located or may in the future be located a public sanitary or combined sewer of the city, shall hereby be required at the owner’s expense to install suitable toilet facilities herein, and to connect such facilities directly with the proper public sewer and in accordance with the provisions of this ordinance within one hundred twenty (120) days after the date of the official notice of the municipality, that said municipality is willing and requests to provide such service to the premises, provided that said public sewer exists within two hundred (200) feet of the home, commercial establishment, business, or institution.

 

11.0103     Private Waste Water Disposal.  Where a public sanitary or combined sewer is not available under the provisions of definition (d), the building sewer shall be connected to a private waste water disposal system complying with the provisions of this article.

 

Before commencement of construction of a private waste water disposal system, the owner(s) shall first obtain a written permit signed by the superintendent.  The application for such permit shall be supplemented by any plans, specifications, and other information as are deemed necessary by the superintendent.  A permit and inspection fee of Ten and No/100 Dollars ($10.00) shall be paid to the city at the time the application is filed.

 

A permit for a private waste water disposal system shall not become effective until the installation is completed to the satisfaction of the superintendent.  The superintendent shall be allowed to inspect the work at any stage of construction, and, in the event, the applicant for the permit shall notify the superintendent when the work is ready for final inspection, and before any underground portions are covered.  The inspection shall be made within forty-eight (48) hours of the receipt of notice by the superin­tendent.

 

The type, capacities, location, and layout of a private waste water disposal system shall comply with all recommendations of the department of public health of the state of South Dakota.  No permit shall be issued for any private waste water disposal system employing subsurface soil absorption facilities where the area of the lot is less than 43,560 square feet (one acre).  No septic tank or cesspool shall be permitted to discharge to any natural outlet.

 

At such time as a public sewer becomes available to a property served by a private waste water disposal system, as provided in definition (d), a direct connection shall be made to the public sewer within sixty (60) days in compliance with this chapter, and any septic tanks, cesspools, and similar private waste water disposal facilities shall be cleaned of sludge and filled with suitable material.

 

The owner(s) shall operate and maintain the private waste water disposal facilities in a sanitary manner at all times, at no expense to the city.

 

No statement in this section shall be construed to interfere with any additional requirements that may be imposed by the health officer or the South Dakota Department of Water and Natural Resources.

 

11.0104     Sanitary Sewers, Building Sewers and Connections. No unauthorized person(s) shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the superintendent.

 

The hook-up fee for any sanitary sewer shall be One Hundred Fifty and No/100 Dollars ($150.00).  This fee may be changed by the resolution of the City Council. 

 

The City shall be responsible for bringing the sewer to the user’s lot line.  It shall be the responsibility of the user to bring the sewer to the City hook-up.  All costs of bringing the sewer to the City hook-up is the responsibility of the user.

 

In the absence of suitable code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.

 

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor.  In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by an approved means and discharged to the building sewer.

 

No person(s) shall make connection of roof down spouts, foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the superintendent for purposes of disposal of polluted surface drainage.

 

The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9. All of such connections shall be made gastight and watertight and verified by proper testing.  Any deviation from the prescribed procedures and materials must be approved by the superintendent before installation.

 

The applicant for the building sewer permit shall notify the superintendent when the building sewer is ready for inspection and connection to the public sewer.  The connection and testing shall be made under the supervision of the superintendent or his representative.

 

All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard.  Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.

 

11.0105     Use of Public Sewers.  No person(s) shall discharge or cause to be dis­charged any unpolluted waters such as storm water, surface water, groundwater, roof runoff, subsurface drainage, or cooling water to any sewer except storm water runoff from limited areas, which storm water may be polluted at times, may be discharged to the sanitary sewer by permission of the superintendent.

 

Storm water other than that exempted under this section, and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the superintendent and other regulatory agencies.  Un­polluted industrial cooling water or process waters may be discharged, on approval of the superintendent, to a storm sewer, combined sewer, or natural outlet.

 

No person(s) shall discharge or cause to be discharged any of the following described water or wastes to any public sewers:

 

               A.     Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.

 

               B.     Any waters containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the waste water treatment plant.

 

               C.     Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the waste water works.

 

               D.     Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the waste water facilities such as, but not limited to, ashes, cinders, sand, mud, straw shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc. either whole or ground by garbage grinders.

 

The following described substances, materials, waters, or waste shall be limited in discharges to municipal systems to concentrations or quantities which shall not harm either the sewers, waste water treatment process or equipment, will not have an adverse effect on the receiving stream, or will not otherwise endanger lives, limb, public property, or constitute a nuisance.  The superintendent may set limitations lower than the limitations established in the regulations below if in his opinion such more severe limitations are necessary to meet the above objectives.  In forming his opinion as the acceptability, the superintendent will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the waste water treatment process employed, capacity of the waste water treatment plant, degree of treatability of the waste in waste water treatment plant, and other pertinent factors.  The limitations or restrictions on materials or characteristics of waste or waste waters discharged to the sanitary sewer which shall not be violated without approval of the superintendent are as follows:

 

               A.     Waste water having a temperature higher than one hundred fifty (150) degrees Fahrenheit (65 degrees Celsius).

 

               B.     Waste water containing more than twenty-five (25) milligrams per liter of petroleum oil, nonbiodegradable cutting oils, or product of mineral oil origin.

 

               C.     Waste water from industrial plants containing floatable oils, fat, or grease.

 

               D.     Any garbage that has not been properly shredded (see definition m).  Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.

 

               E.     Any waters or wastes containing iron, chromium, copper, since and similar objectionable or toxic substances to such degree that any such material received in the composite waste water at the waste water treatment works exceeds the limits established by the superintendent for such materials.

 

               F.     Any waters or wastes containing odor-producing substances exceeding limits which may be established by the superintendent.

 

               G.     Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits estab­lished by the superintendent in compliance with applic­able state or federal regulations.

 

               H.     Quantities of flow, concentrations, or both which constitute a “slug” as defined herein.

 

               I.      Waters or wastes containing substances which are not amenable to treatment or reduction by the waste water treatment processes employed, or are amenable to treatment only to such degree that the waste water treat­ment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

 

               J.     Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes.

 

If any waters or wastes are discharged, or are pro­posed to be discharged into the public sewers, which waters contain the substances or possess the characteristics enumerated in 11.0103 of this chapter, and which in the judgment of the superintendent, may have a deleterious effect upon the waste water facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the superintendent may:

 

A.     Reject the wastes,

 

B.     Require pretreatment to an acceptable condition for discharge to the public sewers,

 

               C.     Require control over the quantities and rates of discharge, and/or

 

               D.     Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of this chapter.

 

When considering the above alternative the superintendent shall give consideration to the economic impact of each alternative on the discharger.  If the superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and the equipment shall be subject to the review and approval of the superintendent.

 

Grease, oil, and sand interceptors shall be provided when, in the opinion of the superintendent, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts as specified in Section 11.0104, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units.  All interceptors shall be of a type and capacity approved by the superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection.  In the main­taining of these interceptors the owner(s) shall be respon­sible for the proper removal and disposal by appropriate means of the captivated material and shall maintain records of the dates, and means of disposal which are subject to review by the superintendent.  Any removal and hauling of the collected materials not performed by owner(s) personnel must be performed by currently licensed waste disposal firms.

 

Where pretreatment or flow-equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective oper­ation by the owner(s) at his expense.

 

When required by the superintendent, the owner(s) of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes.  Such structures, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the superintendent.  The structure shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.

 

The superintendent may require a user of sewer services to provide information needed to determine compliance with this chapter.  These requirements may include:

 

               A.     Waste waters discharge peak rate and volume over a specified time period.

 

                      B.     Chemical analyses of waste waters.

 

C.     Information on raw materials, processes, and products affecting waste water volume and quality.

 

               D.     Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control.

 

               E.     A plot plan of sewers of the user’s property showing sewer and pretreatment facility location.

                     

                      F.     Details of waste water pretreatment facilities.

 

G.     Details of systems to prevent and control the losses of materials through spills to the municipal sewer.

 

All measurements, tests, and analyses of the char­acteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of “Standard Methods for Examination of Water and Waste Water,” published by the American Public Health Association.  Sampling methods, location, times, durations, and frequencies are to be determined on an individual basis subject to approval by the superintendent.

 

No statement contained in this article shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment.

 

11.0106     Tampering with Waste Water Facilities.  No person(s) shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is a part of the waste water facilities.  Any person(s) violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

 

11.0107     Powers and Authority of Inspectors.  The superintendent and other duly authorized employees of the city bearing proper credentials and identi­fication shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing pertinent to discharge to the community system in accordance with the provisions of this chapter.

 

The superintendent or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the waste water collection system.  The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.

 

While performing the necessary work on private properties referred to in this section, the superinten­dent or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the city employees, and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in 11.0108.

 

The superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city hold a duly negotiated easement for the purposes of, but not limited to, inspection, observa­tion, measurement, sampling, repair, and maintenance of any portion of the waste water facilities lying within said easement.  All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

 

11.0108     Wastes Prohibited From Waste Water Treatment System.  The discharge of any waters containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly, or by interaction with other wastes, to contaminate the sludge of any municipal systems, or to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in or have an adverse effect on the waters receiving any discharge from the treatment works hereby prohibited.

 

11.0109     Prohibition of Clear Water Connections.  No person shall make connection of roof down spouts, exterior foundation drains, sump pumps, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

 

11.0110     Proper Design and Construction of New Sewers and Connections.  The size, slope, alignment, materials of construction of all sanitary sewers and sewer connections, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City of Marion, and the State of South Dakota.

 

11.0111     Penalties.  Any person found to be violating any provision of this chapter except 11.0201 shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof.  The offender shall, within the period of time stated in such notice, permanently cease all vio­lations.

 

Any person who shall continue any violation beyond the time limit provided for in this section, shall be guilty of Class 2 misdemeanor.  Each day in which any such violation shall continue shall be deemed a separate offense.

 

Any person violating any of the provisions of this chapter shall become liable to the City of any expense, loss, or damage occasioned the City by reason of such violation.

 

11.0112     Validity.  The invalidity of any section, clause, or provision of this chapter shall not affect the validity of any other part of this chapter which can be given effect without such invalid part or parts.

 

 

CHAPTER 11.02 - USER CHARGE SYSTEM

 

11.0201     Purpose.  The purpose of this section shall be to generate sufficient revenue to pay all costs for the oper­ation and maintenance of the complete waste water system.  The costs shall be distributed to all users of the waste water system in proportion to each user’s contribution to the total loading of the treatment works.  Factors such as strength (BOD and TSS), volume, and delivery flow rate characteristics shall be considered and included as the basis for the user’s contribution to ensure a proportional distribution of operation and maintenance costs to each user (or user class).

 

11.0202     Determining the Total Annual Cost of Operation and Maintenance.  The city shall determine the total annual costs of operation and maintenance of the waste water system which are necessary to maintain the capacity and performance, during the service life of the treatment works, for which such works were designed and constructed.  The total annual cost of operation and maintenance shall include but need not be limited to, labor, repairs, equipment replacement, main­tenance, necessary modifications, power, sampling, labora­tory tests, and a reasonable contingency fund.

 

11.0203     Determining Each User’s Waste Water Contribution Percentage.  The city shall determine from time to time each user’s average daily volume of waste water, which has been discharged to the waste water system.

 

11.0204     Payment of the User’s Waste Water Service Charge and Penalties.  The City shall submit a quarterly statement to the user for the user’s waste water service charge to be included with the monthly water and/or waste water utility billing.  The City shall add a penalty of ten (10) percent per month if the payment is not received by the City within fifteen (15) days.  Should any user fail to pay the user waste water service charge and penalty within one (1) month of the due date, the City may stop the waste water service to the property.

 

11.0205     Review of Each User’s Waste Water Service Charge.  The City shall review the total annual cost of operation and maintenance as well as each user’s Waste water Contribution Percentage not less often than every two years and will revise the system as necessary to assure equity of the service charge system established herein and to assure that sufficient funds are obtained to adequately operate and maintain the waste water treatment works.  If a significant user, such as an industry, has completed in-plant modifi­cations which would change that use’s Waste water Contrib­ution Percentage, the user can present at a regularly scheduled meeting of the governing body, such factual in­formation and the City shall then determine if the user’s Waste water Contribution Percentage is to be changed.  The City shall notify the user of its findings as soon as possible.

 

11.0206     Notification.  Each user will be notified, at least annually, in conjunction with a regular bill, of the rate and that portion of the user charges which are attributable to waste water treatment services.

 

11.0207     Rates, Charges and Rules for Sewer Systems.  The City shall annually determine a sewer service charge for City sewer services.  Such rates may be changed by the City Council at its discretion, when conditions so warrant.

 

11.0208     Basis for Charges for Sewer.  Such charges shall be as nearly as may be in the judgment of the City Council equitable and in proportion to the services rendered and taking into consideration in the case of each such premises the quantity of sewage therein or thereby produced and its concentration, strength, or river pollution qualities in general, and, in the case of storm drainage, taking into consideration in the case of each premises the quantity of storm runoff and may use the square footage of impervious surfaces as a basis for charges or the total square footage weighted by the classification of existing land use or total square footage weighted by zoning designation or total square footage.

 

11.0209     Metering of Private Water Supplies that Utilize City Sewers.  The metering of private water supplies produced or operated on premises served by City sewer utilities may be required by the City Council. If the use or consumption of water on any premises is taken into consideration in determining the charge to be made for the use of sewer utilities serving the premises, the municipality shall consider the amount or proportion of water used on the premises that does not reach or burden the sewer utilities.


 

TITLE 12 - WATER

 

Chapter 12.01 - Water Works

 

 

CHAPTER 12.01 - WATER WORKS

 

12.0101     Tampering with Meters.  No person shall tamper in any way with a water meter or interfere with its registering.  No person shall in any way bypass the water around the meter or make any connections on the water line ahead of the water meter.  In such cases the Water Department shall approximate the water bills according to information and records on  file in the Water Department.

 

12.0102     Breaking seals.  No person shall break any seal upon any meter, valve, private fire hydrant or other fixtures that may be sealed by the Water Department, provided that the seal on private fire hydrants and private fire protection valves may be broken in case of fire, and when so broken shall be reported to the Water Department within 24 hours.

 

12.0103     Incidental water sales.  The charges to be made for water sold to tank wagons and water used for filling cisterns and for all other incidental use shall be determined by the governing body of the City.

 

12.0104     Water rates for consumers outside the City.  For water used outside the corporate limits of the City of Marion from the water system shall be subject. to a rate of 100% higher than the rate established by this ordinance for water consumed within the City.  The minimum charges shall be 100% higher than those established for consumers within the City.

 

12.0105     Owner responsible for payment of water and sewer bill.  The owner of any property where water service is supplied by the City of Marion will be held responsible for the payment of all water bills.  Water meters shall be read monthly by the owner or tenant of said property on or about the 1st day of each month, unless read by an employee or agent of the City on such date or dates, and the amounts due and payable shall be mailed to the water department at such time. Any bill for water or sewer services which is not paid prior to the 20th day of the month following the expiration of the preceding month shall be delinquent.  A penalty of $10.00 shall be added to any bill not paid prior to the 20th day of the month due, and an additional penalty of $10.00 shall be added to any bill not paid prior to the last day of the month due.

 

12.0106     Deposits.   In the event application is made for water service, it shall be incumbent upon the Water Department to require a deposit of $150.00 from such applicant before the water service is available, and such sum may, upon application of the depositor, be refunded upon the termination of utility service after payment of all indebtedness to the City for utility service. Application of deposit may be made in partial or total settlement of accounts when supply is cut off for non-payment of bill, or for any infraction or violation of any ordinance, rule or regulation of the City relative to utility  services  offered by the  City.  Where,  by  other requirements of these Ordinances, another party is responsible or contingently responsible  for payment  for water  services,  the approval of such party may be required prior to refund.

 

12.0107     Water shut off for non-payment.  The City may disconnect the water service of any user whose water or sewer bill is delinquent upon 10 days notice in writing to such user.  Partial payment of water or sewer bills and penalties shall not entitle any user to continuation of water service.  The City may impose a fee for any delinquent payment.

 

12.0108     Resume service after shut off.  Any user whose water service is disconnected for delinquency in the payment of any water or sewer service charges shall be required to pay a $45.00 connection fee,  in addition to all delinquent bills,  before such water service is restored.   In addition, the City may require a deposit from any delinquent water or sewer user to guarantee future payments of water and sewer bills. No person from whose premises the water has been shut off for any reason whatsoever shall turn the water on or shall cause the same to be turned on without authority from the City.

 

12.0109     Meters Required.  All water sold or furnished by the City of Marion shall be paid for at the meter rates hereinafter fixed, such meters to be installed by the City and without cost to the consumer under the orders and directions of the City Council.

 

12.0110     Meters to be Accessible.  The occupants of any building or premises where a meter is located shall see that the meter is kept and remains free from obstruction on or around the same and is conveniently accessible at all times for the purpose of reading, inspecting or repairing.  The Superintendent of waterworks shall have authority to turn the water off from any meter not so kept and it shall not be turned on again until the provisions of this section be complied with and the costs of turning on and off paid, as hereinafter provided.

 

12.0111     Open to Inspection.  All water meters and water fixtures, appliances and appurtenances on private premises and connected with the city water system shall be open to inspection by the author­ized employees of the city at all reasonable and ordinary hours.  Any leaky service pipe leading to a meter shall be properly repaired on notice being given by the city author­ities, or water will be shut off.

 

12.0112     Unauthorized Use, Penalty.  Any person who shall turn the supply of water to a service pipe from which the supply has been turned off by the city for non-payment of rent, or for any other reason, without first having obtained a permit to do so from the proper city officers, and any person who without authority from the city, shall connect, disconnect, remove, repair or otherwise disturb any water meter, or prevent such meter from registering, shall be guilty of a Class 2 misdemeanor.

 

12.0113     Water Rates.  The water rates or water taxed shall be collected monthly and shall be due on the 20th day following date of billing, with months ending on the last day of the month.

 

The rates to be charged for water measured by meters shall be set by the City Council on an annual basis and may be changed from time to time as conditions warrant.

 

Churches shall be charged at $12.00 per month. Nothing shall prohibit the City Council from charging special rates. 

 

12.0114  Failure to Register.  In case any water meter fails to register from any cause the amount charged for water during such period shall be estimated by the collector of water rents and the estimate based on the average amount registered during the like period in the previous year.

 

12.0115  Turning Off, On.  There shall be charged and collected the sum of Forty-five and No/100 Dollars ($45.00) for turning water on again in all cases of violation of the water regulations of the city resulting in the water being turned off; and such amount shall be paid before the water is turned on again.  In case of seasonal users of city water the cost of turning same on again, after voluntarily ceasing to use it, shall be the sum of Five and No/100 Dollars ($5.00).

 

12.0116     Renters, Deposit.  New renters moving into homes in the City of Marion shall be required to pay to the collector of water rent a deposit in the sum of One Hundred and No/100 Dollars ($100.00) to apply on such water rent.  In case they move out before the amount of their water bill equals such deposit the difference shall be refunded to the water user.  If a bill is not paid by a renter, it is the responsibility of the owner of the property to pay the bill before the water is turned on again.

 

12.0117     Nonpayment, Turned Off.  All bills not paid in full on or before the 20th day of the month following the month in which they were incurred shall result in the water being shut off with­out further notice or warning.

 

12.0118     Connections, Fee.  Any party desiring to connect with the waterworks system of the City of Marion shall make written application therefore to the City and tender with such application the sum of One Hundred Fifty and No/100 Dollars ($150.00) for each such connection.  If the application is approved by the Council the superin­tendent shall have the ditch dug, the main tapped, the pipe installed with one (1) inch type K copper service pipe or Blu-tube water service plastic tubing for use with copper flared fittings, class 150 AWWA, to the curb line, fitted with brass curb cock, corporation cock and iron curb box, all to be provided and maintained by the City.  It shall be the responsibility of the party seeking to connect with the waterworks system of Marion to bear all costs from the curb stop at the party’s lot line.

 

               The user is to continue the pipe of the same grade and kind to the meter at his own expense and the work to be done by a qualified plumber and the same to be inspected by the Superintendent of Waterworks before the ditch is filled.  All service pipe shall be laid at least five (5) feet below the surface of the ground and not more than one premise or separate building shall be served or supplied from the same tap.

 

12.0119     Care, Replacement.  All persons taking water from the distributing pipes must keep their service pipe and fixtures connected there­with in good repair and protected from frost at their own expense, and must prevent all unnecessary waste or the water will be turned off.  When it shall become necessary to re­place an old connection with new pipe such new pipe shall be of copper of the grade and quality described in the foregoing section.  No abatement shall be allowed from the prices charged or agreed upon by reason of the breaking of the service pipe or service stop cock, and no claims shall be made against the City, or any of its officers, by reason of such breaking; nor will the City Council in any case be liable or responsible for any damage growing out of the stoppage of said water, or any insufficient supply of the same as to quantity or quality.

 

12.0120     Emergency Restrictions.  In case of fire, drought or damage to the waterworks system the Council may prohibit or limit the use of water upon notice to the consumers.  Waste of water at any and all times shall be prohibited.


 

TITLE 13 - BUILDING REGULATIONS

 

                             Chapter 13.01 - Moving Buildings

                             Chapter 13.02 - City Auditorium

 

 

CHAPTER 13.01 - MOVING BUILDINGS

 

13.0101     Licensing Process for Moving Houses/Buildings.  No person except a licensed house mover shall remove, or move, from one lot to another any building or part of a building, within the limits of the City of Marion, and every person shall annually, before engaging in such occupation, obtain a license therefore; provided this section shall not apply to moving a building within the confines of a lot or contiguous lots when not necessary to move the same over public property or public streets or property belonging to another person.

 

Any person desiring to procure a license as a house mover, shall make written application therefore to the City Council, and such application shall be granted by the affirmative vote of a majority of all the members of the Council.  The applicant for a license for house moving shall pay to the City Finance Officer of the City of Marion, the sum of Twenty-five and No/100 Dollars ($25.00).

 

13.0102     Evidence of Liability.  The applicant for a license for house moving shall also file with the City Finance Officer evidence of liability to the City of Marion and conditioned that the applicant if license be granted to him will, in carrying on his business of house moving in the City of Marion, conform to all requirements relating thereto, which are now, or may be hereafter, established by the Council of the City of Marion, and that lie will repair and make good to the satisfaction of the Council, any and all damages to any pavement, sidewalk, crosswalk, hydrant, street, alley or other property done or caused by himself, his servants or employees, in moving any building, or in connection with the moving thereof.  He will immediately indemnify and save harmless the City of Marion against any and all liability for damages, cost or expenses, arising, or which may arise in favor of any person by reason of any negligence on his part, or on account of his servants or employees in connection with the moving of any building, or the use of any public street or ground for that purpose.

 

13.0103     Moving Building Over Streets.  Any person moving any house or building over or across any street shall, when so provided in their permit, cause such street to be protected by laying planks thereon.

 

13.0104     Contents of Permit.  Before the owner of any building shall be authorized to move the same, or permit the same to be moved by a licensed house mover into the City of Marion, South Dakota, or removed from one lot within the City to another within the limits of the City of Marion, he shall apply to the City Council for a permit therefore which application shall:

 

A.    Name the owner.

B.    Set forth the place to which the building shall be moved within the City.

C.    Set forth in general terms the final plan of such building and submit proof that the same shall not become a nuisance or a hazard in any manner.

D.   Describe the route to be taken in so moving such building or part thereof.

E.    Set forth the name of the party to move the same and the length of time to be consumed in the work.

 

13.0105     Issuance of Permit.  Upon receiving such appli­cation, the City Council shall consider the same and if being convinced that the application should be granted, the same shall be done by an affirmative vote of a majority of the members of the Council and thereupon the Finance Officer shall issue such permit setting forth the matters required in the application.

 

No persons shall demolish or move any building or part of a building within the City Limits without having first obtained a permit.  SDCL 9-30-21.

 

13.0106     Failure to Comply.  Any failure of the owner to comply with the  license and to proceed pursuant to the application filed by him with the City Council shall be deemed a violation of this ordinance.

 

13.0107     Injuring Utilities and Trees.  Nothing in any license or permit granted shall be     construed as authorizing the holder thereof to break, injure, or move any telegraph, telephone or electric light poles, or electric line wires, or in any way injure shade trees or other property without the permission from the owner or owners thereof.

 

13.0108     Obstructing Streets.  No building or any part of a building shall be allowed to stand still in any public street or on any public ground in the City of Marion for more than twenty-four (24) consecutive hours.

 

13.0109     Filling Basements.  Where a building is moved from the City of Marion and where there is a cellar, base­ment or other excavation under said building so removed, the owner thereof is hereby required to fill up such cellar, basement or excavation to an elevation of the surface of the ground in that vicinity, and to mow the weeds or grass upon such premises so that the vacant lot, and the cellar, basement or excavation thereupon when filled, must be kept in a sightly and reasonably attractive condition at all times.  It is further provided that if such cellar, basement or excavation is not filled and kept filled as aforesaid, the owner thereof shall be guilty of a Class 2 misdemeanor.

 

13.0110     Applications.  Written applications for a demolition or moving permit shall include the name of the applicant, the name of the owner of the building, the address of the building, and the approximate starting and completion or 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 and followed.

 

13.0111     Permit Fee.  Upon filing an application for a demolition permit the applicant shall pay to the Finance Officer of the City of Marion, the sum of Twenty-five and No/100 Dollars ($25.00).  The council may waive any or all fees.  The Finance Officer shall issue a receipt to the applicant showing proof of such payment of permit fee.

 

13.0112     Responsibility.  No building demolition or moving permit shall be granted until the applicant shall file with the Finance Officer a promise running to the City that the applicant will promptly repair and make good, to the satisfaction of the City Council and at the expense of the applicant any and all damage to any pavement sidewalk, crosswalk, hydrant, street, alley or other property, done or caused by himself or his employees, in the demolition or moving of such building or part thereof, or in connection with the moving or demolition thereof.  Promise shall also be conditioned that the applicant promptly fill in basement areas left open as a result of such moving or demolition and to restore such sites to a safe and sanitary condition. 

 

               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 of the part of his agents or employees, in connection with the moving or demolition of said building or part thereof, or the use for any public ground for such purposes. [SDCL 9-29-131]

 

13.0113     Standing Buildings.  No building or part of a building being moved or demolished, shall be allowed to stand still in any public street or any public ground.

 

13.0114     Permission of Property Owners.  No building moving or demolition permit 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 9-34-11]

 

13.0115     Penalty.  Any person or persons, firms or corporations violating any of the provisions of this Ordinance or failing to comply with any of the provisions thereof, shall be deemed guilty of a misdemeanor, and shall upon conviction thereof, be punished by a fined not exceeding One Hundred and No/100 Dollars [$100.00) or by imprisonment for a period not exceeding thirty [30] days or both such fine and imprisonment.  [SDCL-9-19-31]

 

 

13.0116     Unconstitutionality.  Should any section, paragraph, sentence,  clause, or phrase of this section be declared unconstitutional, or invalid for any reason, the remainder of this section and chapter shall not be affected thereby.

 

 

CHAPTER 13.02 - CITY AUDITORIUM

 

13.0201     Legal Description.  The municipal building located on 398 N. Broadway in the City of Marion is the property of the City of Marion and is hereby designated as the City Auditorium.

 

13.0202     Management.  The management, control and general oversight of said City Auditorium shall at all times by entirely under the supervision of the Mayor and City Council of the City of Marion.  They shall have complete and exclusive authority to fix by resolution the amount of rentals to be charged for which it may be used and to permit its free use for such public or other functions as the mayor and Council shall be fit and so designated.  They shall also buy all supplies and equipment for said City Auditorium, keep same insured and equipment for said City Auditorium, keep same insured and in a good state of repair at all times.

 

13.0203     Receipts and Rentals.  All receipts and rentals from the City Auditorium shall be placed into a separate fund to be known as the “City Hall Fund” which fund shall be used only for the benefit of said building until and unless otherwise provided for by the Council.

 

13.0204     Rules for Use of City Auditorium.  The City Council shall determine the rules and regulations for use of the City Auditorium.


 

TITLE 14 – NUISANCES

 

14.01 – Prohibited and Defined

14.02 – General Provisions

14.03 – Abandoned Vehicles

14.04 – Dilapidated Buildings

14.05 – Violation Declared Public Nuisance

14.06 – Penalty

 

14.01 – PROHIBITED AND DEFINED

 

14.0101     Prohibited and Defined.  No person shall create, commit, maintain or permit to be created, committed or maintained any nuisance as defined herein, within the City. The following specific acts, conditions and things are, each and all of them, hereby declared to constitute nuisances.

 

A.  Imperfect Plumbing. Any imperfect, leaking, unclean, or filthy sink, water closet, urinal, or other plumbing fixture in any building used or occupied by human beings.

 

B.  Garbage and Refuse. Depositing, maintaining, or permitting to be maintained or to accumulate upon any public or private property any animal or vegetable matter which attends the processing, preparation, transportation, cooking, eating, sale, or storage of meat, fish, vegetables, fruit and all other food or food products found within the city which are likely to cause or transmit disease, or which may be a hazard to health.

 

C.  Imoure Water. Any well or other supply of water used for drinking or household purposes which is polluted or which is so constructed or situated that it may become polluted.

 

D.  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 Board of Health.

 

E.   Manure. The accumulation of manure or livestock waste unless it be in a securely tied closed biodegradable package placed in a leak-proof metal container with a tight fitting lid.

 

F.   Breeding Places for Flies. The accumulation of manure, garbage, or anything whatever which are harboring places and breeding areas for flies and rodents.

 

G.  Stagnant Water. Any water or liquid in which mosquito larvae exist.

 

H.  Poison Ivy. Permitting poison ivy to grow upon any public or private property.

 

I.   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.

 

J.   Polluting. Throwing or leaving any dead animal or decayed animal or vegetable matter or any slops or filth whatever, either solid or fluid, in the City of Marion.

 

K.  Privies and Cesspools. Erecting or maintaining any privy or cesspool except such sanitary privies and cesspools the plans of which are approved by the City.

 

L.   Garbage Handling lmproperly. Throwing or letting fall on or permitting to remain on any street, alley, or public ground any manure, garbage, rubbish, filth, fuel, or wood while engaged in handling or removing any such substances.

 

M.  Bonfires. Burning, causing or permitting to be burned without an approved incinerator upon any private or public property any dirt, filth, manure, garbage, sweepings, leaves, ashes, paper, waste or rubbish of any kind.

 

N.  Burning of Garbage. Burning upon any private or public property any garbage, offal, excrement, fresh or decaying fruits, vegetables, fish, meat or bone, or any foul putrid or obnoxious liquid or substance.

 

0.   Private Sanitary Landfill. Operating or permitting the operation of a private sanitary landfill without controlling rodents, insects and litter; without compacting and covering solid waste each day; and without preventing and prohibiting burning.

 

P.   Rubbish. Depositing, maintaining, or permitting to be maintained or to accumulate upon any public or private property any combustible refuse matter such as papers, sweepings, rags, grass, tree branches, wood shavings, wood, magazines, cardboard, etc.

 

Q.  Waste Material. All noncombustible inorganic matter such as wood, ashes, glass, stones in excess of 12 in diameter, concrete, mortar, metals, tin cans, etc., and 3.02.01 in general provides that no person shall create, commit, maintain or permit to be created, committed or maintained any nuisance as defined in the ordinance.

 

R.  Animal Waste. Any accumulation of waste manure or straw resulting from the transportation, housing or confining of animals not awaiting transportation, sale or slaughter in a duly licensed stockyard, sale pavilion or hatchery.

 

S.  Litter. Garbage, rubbish, waste material or livestock waste improperly disposed of by discarding, abandoning, allowing to accumulate, scattering or depositing outside an approved container.

 

T.  Vegetation. (A) All weeds or plants declared to be primary noxious weeds or secondary noxious weeds by the State Weed Board and all other weeds and/or grass growing upon any improved lot or parcel of land in the city to a greater height than six inches or which have gone or are about to go to seed. This section does not prohibit the cultivation of crops if the property is in an agriculturally zoned area. (B) Fallen tree limbs, dead trees, and dead tree limbs, which in the opinion of the city Council constitute a health, safety, or fire hazard. (C) Limbs of trees hanging within less than seven feet in height from any sidewalk or fourteen feet in height from the traveled portion or parking area of any street or road right-of-way within the City, all of which collectively are hereinafter referred to as overhanging limbs.

 

U.  Abandoned Property. Any deteriorated, wrecked, or derelict property in unusable condition, having no value other than nominal scrap or junk value, if any, and which has been left unprotected outside of a permanent structure from the elements, and shall include, without being so restricted, deteriorated, wrecked, inoperative, or partially dismantled motor vehicles as provided in the Ordinances, trailers, boats, machinery, refrigerators, washing machines, plumbing fixtures, furniture and any other similar articles in such condition.

 

 

14.02 – NOTICE TO ABATE

 

A.  Whenever any person shall inform the Municipal Finance Officer or City Council that a nuisance exists, the Municipal Finance Officer shall cause the condition to be investigated, and when the Municipal Finance Officer is satisfied that the complaint has merit, the Finance Officer or the city Attorney shall give written notice to the person creating, permitting, or maintaining such nuisance to abate the same within five days after the giving of such notice.

 

B.  Such notice may be served personally by the Police Department or authorized representative of the City, by prepaid first class mail, certified mail, registered mail or by posting a copy of such notice upon the premises where the nuisance exists, and such notice is deemed given at the time it is personally served, mailed or posted and said period to reply or abate begins to run at such time of giving notice.

 

C.  If the occupant, person in charge or owner of any lot or parcel of land fails to abate said nuisance in accordance with the notice given, the City may cause the abatement thereof and for such purpose may enter upon any such lot or parcel of land.

 

D.  The Municipal Finance Officer shall cause an account to be kept against each lot or parcel of for the cost of abating any nuisance thereon during the year, and the same shall be specially assessed as follows:

 

1.        The Finance Officer shall prepare an estimate of the assessment against each lot or parcel of land of such nuisance abatement, including therein the expense of levying such special assessment against each lot or parcel of land, and such assessment shall be submitted to the City for its approval on or before the 1st day of October of each year.

 

2.        The Finance Officer shall cause to be published in the official newspaper a notice of the time and place when the City will meet for the purpose of approving such estimate, such notice to be published once not less than one week before such hearing.

 

3.        Upon the day so named, the City shall meet, and if they find said estimate correct, they shall approve the same by a resolution; or if not correct, they shall correct or modify the same and approve the sale as modified or corrected, and file such assessment roll with the Municipal Finance Officer.

 

4.        From the date of the approval and the filing of such assessment roll with the Finance Officer, the same shall be and become a special lien against the various pieces of property described in said assessment roll and shall be collected in like manner as special assessments for public improvements are collected.

 

E.   Notices to abate served as provided herein for a violation of shall be served only one (1) time each calendar year. Further violations of these Ordinances within the same calendar year as the service of the notice to abate shall result in the City Commission causing further abatement thereof without additional notice. The notice to abate shall state that notice will be given only once annually and that further violations of these Ordinances in that calendar year shall result in the City Council causing further abatement thereof without additional notice.

 

F.   Nothing in this Ordinance shall be construed to limit the City’s right to proceed to abate nuisances according to the provisions for abatement of nuisances set forth in the South Dakota Codified Laws.

 

CHAPTER 14.03 – ABANDONED VEHICLES

 

14.0301     Definitions.  The following words, terms and phrases, when used in these

articles, shall have the meanings described to them in this section, except where the context clearly indicates a different meaning:

 

Abandoned vehicle means any vehicle which is left unattended or stored on any public property in the same or substantially same place within the city for a longer period than 24 hours.

 

               City means the City of Marion.

 

Inoperable vehicle means any vehicle which is not in operating condition due to damage, removal or inoperability of one or more tires and wheels, the engine or other essential parts required for the operation of the vehicle, or which does not have lawfully affixed thereto a valid state license plate or which constitutes an immediate health, safety, fire or traffic hazard.

 

Junked motor vehicle means any car bodies, wrecked cars, abandoned and unusable cars, car bodies or equipment of any type, except in authorized junk yards.

 

     Motor vehicle means 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, motor scooter, trucks, tractors, go-carts, golf carts, campers and trailers.

 

Private property means any real property within the City which is privately owned and which is not public property.

 

Public property means any street, alley or highway which shall include the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel, and also means any other publicly owned property or facility.

 

Removal agency means any public body, private or nonprofit organization authorized by the City to remove and salvage abandoned or inoperative vehicles.

 

Vehicle means any conveyance which is designed to travel along the ground or in the water and shall include, but not be limited to, automobiles, buses, motorbikes, motorcycles, motor scooters, trucks, tractors, pull trailers, go-carts, golfcarts, boats, campers and trailers.

 

14.0302     General Provisions.  Storing, parking or leaving vehicles declared nuisance.  The presence of an abandoned, discarded, wrecked, burned, dismantled, inoperable, junked or partially dismantled vehicle or parts thereof on private or public property in the City of Marion is hereby declared a public nuisance, which may be abated as such in accordance with the provisions of this article and South Dakota law.  It is unlawful to keep or place any of such vehicles or vehicle parts:

 

A.   Upon public streets or property except on an emergency basis; or

 

B.  Upon the private property of any person owning, in charge of, or in control of any real property within the City, whether as an owner, tenant, occupant, lessee or otherwise, for longer than 14 days unless it is within a carport, fully enclosed building or structure.  A tarpaulin, tent or other similar temporary structure shall not be deemed to satisfy the requirements of this section.

 

          In no event shall an inoperable vehicle that constitutes an imminent health, safety or fire hazard be kept or located on any premises. 

               The presence of an abandoned, wrecked, dismantled, inoperative, junked or partially dismantled motor vehicle or parts thereof, on private or public property is hereby declared a public nuisance which may be abated as such in accordance with the provisions of this chapter.  This section shall not apply to any motor vehicle enclosed within a building on private property or to any motor 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 an appropriate storage place or depository maintained in a lawful place and manner by the City or authorized by the City.

 

14.0303     Exceptions.  This Title shall not apply to the following:

A.  One inoperable vehicle kept on private property without being shielded from public view if licensed and kept on a private driveway.  If this inoperable vehicle is in a state of externally visible disrepair or disassembly, it shall not be kept on the private driveway longer than 14 days.

B.  Filling stations, automobile repair shops or any other motor vehicle related businesses in compliance with applicable City ordinances may place inoperable vehicles being repaired or offered for sale on the premises.

C.  Junkyards operated and maintained in compliance with applicable City ordinances.

14.0304     Removal.  Whenever the Police Department finds an abandoned or inoperable vehicle on public property within the City of Marion, it is authorized to place written notice on the vehicle that it will be removed to a garage or place of safety unless the owner removes the vehicle from public property within 24 hours of the giving of the notice.  After the expiration of the 24-hour period, the vehicle may be removed by a removal agency to a garage or place of safety.  Nothing in this section precludes the Police Department from immediately removing a vehicle that constitutes an imminent health, safety or fire hazard.

14.0305     Disposition of Unclaimed Vehicles.  The removal agency shall have the rights and obligations conferred upon it by SDCL Ch. 32-36 in regard to titling or disposition of such unclaimed abandoned or inoperable vehicle, except that, if not otherwise provided by state law, it shall have a possessory lien upon any vehicle removed under provisions of this article for the costs or reasonable charges in taking custody of and storing such vehicles.

14.0306     Duty of Private Property Owners.  No person owning, in charge of or in control of any real property within the City of Marion, whether as owner, tenant, occupant, lessee or otherwise, shall allow any abandoned or inoperable vehicle of any kind to remain on such property longer than 14 days.

14.0307     Notice to Remove.  A notice in writing shall be served by the City upon any person having an abandoned or inoperable vehicle on their property requesting the removal of such motor vehicle in the time specified in this article.

14.0308     Responsibility for Removal.  Upon proper notice, the owner of the abandoned or inoperable vehicle and the owner or occupant of the private property on which the vehicle is located, either or all of them, shall be responsible for its removal.

14.0309     Notice Procedure.  The City of Marion shall give notice of removal to the owner or occupant of the private property where the abandoned or inoperable vehicle is located.  It shall constitute sufficient notice, when a copy of the notice is sent by registered or certified mail to the owner or occupant of the private property at his last known address.

14.0310     Content of Notice.  The notice in Section 15.0206 shall contain the request for removal within 14 days after the mailing of such notice, and the notice shall advise that failure to comply with the notice to remove shall be a violation of this article. 

14.0311     Penalty.  Violation of this article shall be a Class 2 misdemeanor. 

 

CHAPTER 14.04 – DILAPIDATED BUILDINGS

14.0401     Prohibited and Defined. Maintaining, or causing or permitting the same, any building or premises which is determined to be dangerous or dilapidated.  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, or if the condition or defects annoy, injure, or endanger the comfort, health, and repose of others:

A.  Whenever any building or structure is (i) vacant and unoccupied for the purpose for which it was erected, and (ii) the building is unfit for occupancy because it threatens the health and safety of the community, and (iii) the building has remained substantially in such condition for a period in excess of six (6) months.

B.  Whenever any building or structure through lack of maintenance or attention and by virtue of its physical appearance and presence thereby depresses the market value of surrounding properties.  (SDCL 9-29-13)

C.  Whenever any 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.

D.  Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.

E.   Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location.

F.   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 less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location.

G.  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.

H.  Whenever any portion of a building, or any 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 Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings.

I.   Whenever any portion thereof has cracked, 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.

J.   Whenever the building or structure, or any portion thereof, because of (i) dilapidation, deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (iv) the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse.

K   Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used.

L.   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.

M.  Whenever the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings.

N.  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 (i) an attractive nuisance to children; (ii) a harbor for vagrants, criminals or immoral persons; or as to (iii) enable persons to resort thereto for the purpose of committing unlawful or immoral acts.

O.  Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this jurisdiction, as specified in the Building Code or Housing Code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings.

P.   Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (i) strength, (ii) fire-resisting qualities or characteristics, or (iii) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location.

Q.  Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by a city officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

R.  Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal or housing inspector to be a fire hazard.

S.  Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence.

T.  Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.

 

14.05 – VIOLATION DECLARED PUBLIC NUISANCE

               The violation of any of these Ordinances is hereby declared to be a public nuisance.

 

14.06 – PENALTY FOR VIOLATION

Any person violating any of the provisions of this chapter shall be guilty of a Class II misdemeanor, and upon conviction shall be subject to a fine of not more than Two Hundred and No/100 Dollars ($200.00). Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
 

TITLE 15 - GENERAL PROVISIONS AND PENALTY

CHAPTER 15.01 -      Repealing Clause, Legislative Effect

              

CHAPTER 15.01 - REPEALING CLAUSE, LEGISLATIVE EFFECT

15.0101     Conflicting Ordinances Repealed.  All ordinances or parts of ordinances in conflict with the provisions of this ordinance or relating to the subject matter of this ordinance and not re-enacted as part of this ordinance, except as stated in this chapter, are hereby repealed; provided, however, that nothing herein shall be construed as repealing any special ordinance, appropriation ordinances, franchise ordinances, levy ordinances for the issuance of bonds or other special ordinances of like character or any zoning or trailer ordinances, or other ordinances requiring a special method of enactment.

15.0102     Publication and Effect.  This ordinance shall be printed, mimeographed or copied on a copy machine as may be directed by the City Council and shall take effect immediately upon its adoption and the completed publication of notice as provided by SDCL 9-19-17.

15.0103     Penalty. Except as otherwise specifically provided, any person or persons, firm or corporation violating any of the provisions of this Ordinance or failing to comply with any of the provisions thereof, shall be guilty of a Class 2 misdemeanor and shall, upon conviction thereof, be punished by a fine not exceeding thirty (30) days or by both such fine and imprisonment.

 

Send mail to marionsd@gwtc.net with questions or comments about this web site.  Copyright © 2004 City of Marion, SD.