City Ordinances
BRITTON CITY ORDINANCES
Codified through Ordinance No. 513, passed December 13, 2010.
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A Codification of the General Ordinances of
Britton, South Dakota
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Beginning with Supp. No. 6,
Supplemented by Municipal Code Corporation
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PREFACE
The Britton City Ordinances 2001 have been kept current by regular supplementation by
Matthew Bender & Company, Inc., Book Publishing Company's successor in interest.
Beginning with Supplement No. 6, Municipal Code Corporation will be keeping this code
current by regular supplementation.
During original codification, the ordinances were compiled, edited and indexed by the
editorial staff of Matthew Bender & Company, Inc. under the direction of Marie Marlow,
finance officer.
The code is organized by subject matter under an expandable three-factor decimal numbering
system which is designed to facilitate supplementation without disturbing the numbering of
existing provisions. Each section number designates, in sequence, the numbers of the Title,
chapter, and section. Thus, Section 2.12.040 is Section .040, located in Chapter 2.12 of
Title 2. In most instances, sections are numbered by tens (.010, .020, .030, etc.), leaving
nine vacant positions between original sections to accommodate future provisions. Similarly,
chapters and titles are numbered to provide for internal expansion.
In parentheses following each section is a legislative history identifying the specific
sources for the provisions of that section. This legislative history is complemented by an
ordinance disposition table, following the text of the code, listing by number all
ordinances, their subjects, and where they appear in the codification; and beginning with
Supplement No. 6, legislation can be tracked using the "Code Comparative Table and
Disposition List."
A subject-matter index, with complete cross-referencing, locates specific code provisions by
individual section numbers.
This supplement brings the Code up to date through Ordinance 513, passed December 13, 2010.
Municipal Code Corporation
1700 Capital Circle SW
Tallahassee, FL 32310
800-262-2633
HOW TO USE YOUR CODE
This code is organized to make the laws of the city as accessible as possible to city
officials, city employees and private citizens. Please take a moment to familiarize yourself
with some of the important elements of this code.
Numbering System.
The numbering system is the backbone of a Code of Ordinances; Municipal Code Corporation
uses a unique and versatile numbering structure that allows for easy expansion and amendment
of this Code. It is based on three tiers, beginning with title, then chapter, and ending
with section. Each part is represented in the code section number. For example, Section
2.04.010 is Section .010, in Chapter 2.04 of Title 2.
Title.
A title is a broad category under which ordinances on a related subject are compiled. This
code contains about 15 to 20 titles. For example, the first title is Title 1, General
Provisions, which may contain ordinances about the general penalty, code adoption and
definitions. The titles in this code are separated by tabbed divider pages for quick
reference. Some titles are Reserved for later use.
Chapter.
Chapters deal with more specific subjects, and are often derived from one ordinance. All of
the chapters on a related subject are grouped in one title. The chapters are numbered so
that new chapters which should logically be placed near certain existing chapters can be
added at a later time without renumbering existing material. For example, Chapter 2.06, City
Manager, can be added between 2.04, City Council, and Chapter 2.08, City Attorney.
Section.
Each section of the code contains substantive ordinance material. The sections are numbered
by "tens" to allow for expansion of the code without renumbering.
Tables of Contents.
There are many tables of contents in this code to assist in locating specific information.
At the beginning of the code is the main table of contents listing each title. In addition,
each title and chapter has its own table of contents listing the chapters and sections,
respectively.
Ordinance History Note.
At the end of each code section, you will find an "ordinance history note," which lists the
underlying ordinances for that section. The ordinances are listed by number, section (if
applicable) and year. (Example: (Ord. 272 § 1, 1992).)
Beginning with Supplement No. 6, a secondary ordinance history note will be appended to
affected sections. Ordinance history notes will be amended with the most recent ordinance
added to the end. These history notes can be cross referenced to the code comparative table
and disposition list appearing at the back of the volume preceding the index.
Statutory References.
The statutory references direct the code user to those portions of the state statutes that
are applicable to the laws of the municipality. As the statutes are revised, these
references will be updated.
Cross-Reference Table.
When a code is based on an earlier codification, the cross-reference table will help users
find older or "prior" code references in the new code. The cross-reference table is located
near the end of the code, under the tabbed divider "Tables." This table lists the prior code
section in the column labeled "Prior Code Section" and the new code section in the column
labeled "Herein."
As of Supplement No. 6, this table will no longer be updated.
Ordinance List and Disposition Table.
To find a specific ordinance in the code, turn to the section called "Tables" for the
Ordinance List and Disposition Table. This very useful table tells you the status of every
ordinance reviewed for inclusion in the code. The table is organized by ordinance number and
provides a brief description and the disposition of the ordinance. If the ordinance is
codified, the chapter (or chapters) will be indicated. (Example: (2.04, 6.12, 9.04).) If the
ordinance is of a temporary nature or deals with subjects not normally codified, such as
budgets, taxes, annexations or rezones, the disposition will be "(Special)." If the
ordinance is for some reason omitted from the code, usually at the direction of the
municipality, the disposition will be "(Not codified)." Other dispositions sometimes used
are "(Tabled)," "(Pending)," "(Number Not Used)" or "(Missing)."
Beginning with Supplement No. 6, this table will be replaced with the "Code Comparative
Table and Disposition List."
Code Comparative Table and Disposition List.
Beginning with Supplement No. 6, a Code Comparative Table and Disposition List has been
added for use in tracking legislative history. Located in the back of this volume, this
table is a chronological listing of each ordinance considered for codification. The Code
Comparative Table and Disposition List specifies the ordinance number, adoption date,
description of the ordinance and the disposition within the code of each ordinance. By use
of the Code Comparative Table and Disposition List, the reader can locate any section of the
code as supplemented, and any subsequent ordinance included herein.
Index.
If you are not certain where to look for a particular subject in this code, start with the
index. This is an alphabetical multi-tier subject index which uses section numbers as the
reference, and cross-references where necessary. Look for the main heading of the subject
you need, then the appropriate subheadings:
BUSINESS LICENSE
See also BUSINESS TAX
Fee 5.04.030
Required when 5.04.010
The index will be updated as necessary when the code text is amended.
Insertion Guide.
Each supplement to the new code will be accompanied by an Insertion Guide. This guide will
tell the code user the date of the most recent supplement and the last ordinance contained
in that supplement. It will then list the pages that must be pulled from the code and the
new pages that must be inserted. Following these instructions carefully will assure that the
code is kept accurate and current. Removed pages should be kept for future reference.
Page Numbers.
When originally published, this code was numbered with consecutive page numbers. As it is
amended, new material may require the insertion of new pages that are numbered with hyphens.
(Example: 31, 32, 32-1.) Backs of pages that are blank (in codes that are printed
double-sided) are left unnumbered but the number is "reserved" for later use.
Electronic Submission.
In the interests of accuracy and speed, we encourage you to submit your ordinances
electronically if at all possible. We can accept most any file format, including Word,
WordPerfect or text files. If you have a choice, we prefer Word, any version. You can send
files to us as an e-mail attachment, by FTP, on a diskette or CD-ROM. Electronic files
enable us not only to get you your code more quickly but also ensure that it is error-free.
Our e-mail address is: ords@municode.com.
For hard copy, send two copies of all ordinances passed to:
Municipal Code Corporation
P.O. Box 2235
Tallahassee, FL 32316
Customer Service.
If you have any questions about this code or our services, please contact Municipal Code
Corporation at 1-800-262-2633 or:
Municipal Code Corporation
1700 Capital Circle SW
Tallahassee, FL 32310
SUPPLEMENT HISTORY TABLE
The table below allows users of this Code to quickly and accurately determine what
ordinances have been considered for codification in each supplement. Ordinances that are of
a general and permanent nature are codified in the Code Book and are considered "Includes."
Ordinances that are not of a general and permanent nature are not codified in the Code Book
and are considered "Omits."
In addition, by adding to this table with each supplement, users of this Code of Ordinances
will be able to gain a more complete picture of the Code's historical evolution.
Ord. No. Date Adopted Include/ Omit Supp. No.
505 9-22-2009 Omit 7
506 11- 9-2009 Include 7
507 12-14-2009 Omit 7
508 1-11-2010 Include 7
509 1-11-2010 Include 7
510 1-11-2010 Include 7
511 8-16-2010 Include 7
512 9-20-2010 Omit 7
513 12-13-2010 Omit 7
Title 1
GENERAL PROVISIONS
Chapters:
1.01 Code Adoption
1.04 General Provisions
1.08 Boundaries, Wards and Precincts
1.12 Right of Entry
1.16 General Penalty
1.20 Fine Schedule
Chapter 1.01
CODE ADOPTION
Sections:
1.01.010 Adoption.
1.01.020 Title--Citation--Reference.
1.01.030 Reference applies to all amendments.
1.01.040 Title, chapter and section headings.
1.01.050 Reference to specific ordinances.
1.01.010 Adoption.
There is hereby adopted the "Britton Municipal Code," as compiled, edited and published by
Book Publishing Company, Seattle, Washington.
(Ord. 442 § 1, 2001)
1.01.020 Title--Citation--Reference.
This code shall be known as the "Britton Municipal Code" and it shall be sufficient to refer
to said code as the "Britton Municipal Code" in any prosecution for the violation of any
provision thereof or in any proceeding at law or equity. It shall be sufficient to designate
any ordinance adding to, amending, correcting or repealing all or any part or portion
thereof as an addition to, amendment to, correction or repeal of the "Britton Municipal
Code." References may be made to the titles, chapters, sections and subsections of the
"Britton Municipal Code" and such references shall apply to those titles, chapters, sections
and subsections as they appear in the code.
(Ord. 442 § 2, 2001)
1.01.030 Reference applies to all amendments.
Whenever a reference is made to this code as the "Britton Municipal Code" or to any portion
thereof, or to any ordinance of the city of Britton, South Dakota, codified herein, the
reference shall apply to all amendments, corrections and additions heretofore, now or
hereafter made.
(Ord. 442 § 3, 2001)
1.01.040 Title, chapter and section headings.
Title, chapter and section headings contained herein shall not be deemed to govern, limit,
modify or in any manner affect the scope, meaning or intent of the provisions of any title,
chapter or section hereof.
(Ord. 442 § 4, 2001)
1.01.050 Reference to specific ordinances.
The provisions of this code shall not in any manner affect matters of record which refer to,
or are otherwise connected with ordinances which are therein specifically designated by
number or otherwise and which are included within the code, but such reference shall be
construed to apply to the corresponding provisions contained within this code.
(Ord. 442 § 5, 2001)
Chapter 1.04
GENERAL PROVISIONS
Sections:
1.04.010 Definitions.
1.04.020 Interpretation of language.
1.04.030 Grammatical interpretation.
1.04.040 Acts by agents.
1.04.050 Prohibited acts include causing and permitting.
1.04.060 Computation of time.
1.04.070 Construction.
1.04.010 Definitions.
The following words and phrases, whenever used in this municipal code of the city of
Britton, shall be construed as defined in this section unless from the context a different
meaning is intended or unless a different meaning defined and more particularly directed to
the use of such words or phrases:
"City" means the city of Britton, or the area within the territorial limits of the city, and
such territory outside the city has jurisdiction or control by virtue of any constitutional
or statutory provision.
"Council" means the city council of the city of Britton. "All its members" or "all council
members" means the total number of council members holding office.
"County" means the county of Marshall.
"Law" denotes applicable federal law, the Constitution and statutes of the state of South
Dakota, the ordinances of the city, and when appropriate, any and all rules and regulations
which may be promulgated thereunder.
"May" is permissive.
"Month" means calendar month.
"Must" and "shall" are each mandatory.
"Oath" includes an affirmation or declaration in all cases in which, by law, an affirmation
may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be
equivalent to the words "affirm" and "affirmed."
"Owner" applied to a building or land, means and includes any part owner, joint owner,
tenant in common, joint common, tenant by the entirety, of the whole or a part of such
building or land.
"Person" means and includes a natural person, joint venture, joint stock company,
partnership, association, club, company, corporation, business, trust, organization, or the
manager, lessee, agent, servant, officer or employee of any of them.
"Personal property" means and includes money, goods, chattels, things in action and
evidences of debt.
"Preceding" and "following" mean next before and next after, respectively.
"Property" means and includes real and personal property.
"Real property" means and includes lands, tenements and hereditaments.
"Sidewalk" means that portion of a street between the curbline and the adjacent property
line intended for the use of pedestrians.
"State" means the state of South Dakota.
"Street" means and includes all streets, highways, avenues, lanes, alleys, courts, places,
squares, curbs, or other public ways in the city which have been or may hereafter be
dedicated and open to public use, or such public property so designated in any law of the
state.
"Tenant" and "occupant" applied to a building or land, mean and include any person who
occupies the whole or a part of such building or land, whether alone or with others.
"Written" means and includes printed, typewritten, mimeographed, multigraphed, or otherwise
reproduced in permanent visible form.
"Year" means a calendar year.
(Ord. 431 § 1, 2001)
1.04.020 Interpretation of language.
All words and phrases shall be construed according to the common and approved usage of the
language, but technical words and phrases and such others as may have acquired a peculiar
and appropriate meaning in the law shall be construed and understood according to such
peculiar and appropriate meaning.
(Ord. 431 § 2, 2001)
1.04.030 Grammatical interpretation.
The following grammatical rules shall apply in the ordinances of the city unless it is
apparent from the context that a different construction is intended:
A. Gender. Each gender includes the masculine, feminine and neuter genders.
B. Singular and Plural. The singular number includes the plural and the plural
includes the singular.
C. Tenses. Words used in the present tense include the past and the future
tenses and vice versa, unless manifestly inapplicable.
(Ord. 431 § 3, 2001)
1.04.040 Acts by agents.
When an act is required by an ordinance, the act being such that it may be done as well by
an agent as by the principal, such requirement shall be construed to include all such acts
performed by an authorized agent.
(Ord. 431 § 4, 2001)
1.04.050 Prohibited acts include causing and permitting.
Whenever in the ordinances of the city any act or omission is made unlawful, it shall
include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact
of such act or omission.
(Ord. 431 § 5, 2001)
1.04.060 Computation of time.
Except when otherwise provided, the time within which an act is required to be done shall be
computed by excluding the first day and including the last day, unless the last day is
Sunday or a holiday, in which case it shall also be excluded.
(Ord. 431 § 6, 2001)
1.04.070 Construction.
The provisions of the ordinances of the city, and all proceedings under them, are to be
construed with a view to effect their objects and to promote justice.
(Ord. 431 § 7, 2001)
Chapter 1.08
BOUNDARIES, WARDS AND PRECINCTS
Sections:
1.08.010 Boundaries.
1.08.020 Wards.
1.08.030 Voting precincts.
1.08.010 Boundaries.
The city of Britton shall include all territory embraced within the original townsite of
Britton together with all subsequent additions taken into the city since that time, less
territory legally excluded from the city, if any, according to the recorded plats of the
city recorded in the office of the register of deeds, Marshall County, South Dakota.
(Prior code § 3-1-1)
1.08.020 Wards.
The city of Britton is divided into three wards designated respectively as the First, Second
and Third Ward.
A. First Ward. All the territory in the city lying on the east of Main Street
and South Dakota Highway 27 shall be known and styled as the First Ward of the city.
B. Second Ward. All the territory in the city lying on the north alley line
between Fifth Street and Sixth Street and on the west side of Main Street, shall be known
and styled as the Second Ward of the city.
C. Third Ward. All the territory in the city lying south of the alley line
between Fifth Street and Sixth Street shall be known and styled as the Third Ward of the
city.
(Prior code § 3-2-1)
1.08.030 Voting precincts.
Each ward in the city shall constitute an election precinct for all general, primary, and
municipal elections and the polling place for such consolidated precincts shall be
designated by the governing board by resolution from time to time.
(Prior code § 3-3-1)
Chapter 1.12
RIGHT OF ENTRY
(RESERVED)
Chapter 1.16
GENERAL PENALTY
Sections:
1.16.010 General penalty.
1.16.010 General penalty.
A. Any person violating any of the provisions or failing to comply with any of
the mandatory requirements of the ordinances of the city shall be guilty of an infraction
unless the violation is made a misdemeanor by ordinance.
B. Except in cases where a different punishment is prescribed by any ordinance
of the city, any person convicted of a violation of an ordinance of the city is punishable
by a fine of not more than two hundred dollars ($200.00), or by imprisonment not to exceed
thirty (30) days, or by both such fine and imprisonment.
C. Each such person shall be guilty of a separate offense for each and every
day during any portion of which any violation of any provision of the ordinances of the city
is committed, continued or permitted by any such person, and such person shall be punishable
accordingly.
(Ord. 435 § 1, 2001: Ord. 382 § 1 (part), 1994; prior code § 17-1-1)
Chapter 1.20
FINE SCHEDULE
Sections:
1.20.010 State fine and bond schedule.
1.20.010 State fine and bond schedule.
The current fine and bond schedule in use by the circuit court by order of the South Dakota
Supreme Court or the presiding judge of the circuit shall, as amended from time to time, be
adopted by the city of Britton and incorporated in this chapter by this reference.
(Ord. 405 § 2, 1997: Ord. 382 § 2, 1994: Ord. 351 § 1, 1991: Ord. 323 § 1, 1985, prior code
§ 17-1-2)
Title 2
ADMINISTRATION AND PERSONNEL
Chapters:
2.04 Mayor and City Council
2.08 Appointive Officers and City Employees
2.12 Board of Health
2.16 Employee Retirement System
2.20 City Cemeteries
Chapter 2.04
MAYOR AND CITY COUNCIL
Sections:
2.04.010 Mayor--Duties.
2.04.020 Meetings.
2.04.030 Special meetings.
2.04.040 Notice of special meetings.
2.04.050 President of council--Vice-president.
2.04.060 Mayor and council--Compensation.
2.04.070 Supervision of departments.
2.04.010 Mayor--Duties.
The mayor shall preside at all meetings of the council but shall have no vote except in case
of a tie. He or she shall perform such other duties as may be prescribed by the laws and
ordinances, and take care that such laws and ordinances are faithfully executed. He or she
shall annually and from time to time give the council information relative to the affairs of
the city, and shall recommend for their consideration such measures as he or she may deem
expedient. The mayor shall have the power to sign or veto any ordinance or resolution passed
by the council, and the power to veto any part or item of an ordinance or resolution
appropriating money.
(Prior code § 1-2-1)
2.04.020 Meetings.
Regular meetings of the governing body shall be held in the City Hall on the second Monday
of each month.
(Ord. 457, 2004: Ord. 377 § 1, 1994: Ord. 357 § 1, 1992: Ord. 325 § 1, 1985: prior code §
1-2-2)
2.04.030 Special meetings.
Special meetings may be called at any time by the mayor to consider such matters as may be
mentioned in the call for the meeting.
(Prior code § 1-2-3)
2.04.040 Notice of special meetings.
The municipal finance officer shall issue a written notice of each special meeting, stating
by what authority the meeting is called, the time and place of holding such meeting, and the
matters to be considered.
(Prior code § 1-2-4)
2.04.050 President of council--Vice-president.
At the first regular meeting after the annual election in each year and after the
qualification of the newly elected councilmen, the council shall elect from among its own
members a president and vice-president, who shall hold their respective offices for the
municipal year.
(Prior code § 1-2-5)
2.04.060 Mayor and council--Compensation.
A. The mayor and members of the city council are allowed compensation as
follows:
1. Mayor: one hundred seventy-five dollars ($175.00) per month, plus thirty
dollars ($30.00) for each meeting, regular and special, attended;
2. Councilmen: sixty dollars ($60.00) per month, plus thirty dollars ($30.00)
for each meeting, regular and special, attended.
B. The above compensation shall be paid in such installments as may be
determined by the governing board.
(Ord. 414 § 1, 1998: Ord. 341 § 1, 1988: Ord. 330 § 1, 1986: Ord. 309 § 1, 1982: prior code
§ 1-2-6)
2.04.070 Supervision of departments.
The mayor, with the approval of the council, at the first meeting in May of each year, shall
appoint one member of the council to act in a supervisory capacity in the departments of
water, street, liquor and any other departments of the city, and such councilmember, so
appointed, shall have supervision over the department to which he or she is named as
supervisor, and shall from time to time and as requested by the council, report as to the
condition and matters in such department.
(Prior code § 1-2-7)
Chapter 2.08
APPOINTIVE OFFICERS AND CITY EMPLOYEES
Sections:
2.08.010 Appointment of officers.
2.08.020 Salaries.
2.08.030 Bonding of appointive officers.
2.08.040 Vacations--Sick leave.
2.08.010 Appointment of officers.
At the first regular meeting in May of each year, there shall be appointed by the governing
body a municipal finance officer, city attorney, chief of police, librarian, recreation
director, chief of city crew (building inspector, superintendent of water, general
superintendent of city services), liquor board, health board, and such other officers as may
be provided by ordinance or by resolution, to hold office until the appointment and
qualification of successors. All such appointments shall be made by the mayor with the
approval of the council.
(Prior code § 1-1-1)
2.08.020 Salaries.
A. All salaries for appointive officers and employees of the city fixed by
ordinance or by resolution of the board shall be paid monthly, or at such time as determined
by the board, by resolution.
B. All salaries for appointive officers and employees of the city fixed by
ordinance or by resolution of the board shall be adjusted as deemed necessary by resolution
of the board of the city.
(Prior code § 1-1-2)
2.08.030 Bonding of appointive officers.
Appointive officers of the city shall furnish bonds to be determined by the governing board
in such sum as may be determined by resolution or ordinance conditioned for the faithful
performance of their duties and to account and pay over and deliver all moneys or property
coming into their hands by virtue of their office, excepting that the bond of the municipal
finance officer shall be in the amount and as provided by Section 9-14-6.1, South Dakota
Codified Law, 1979 Supplement.
(Prior code § 1-1-3)
2.08.040 Vacations--Sick leave.
The vacations and sick leave policy, in effect, is on file in the office of the municipal
finance officer of the city.
(Prior code § 1-1-4)
Chapter 2.12
BOARD OF HEALTH
Sections:
2.12.010 Establishment and appointment.
2.12.020 Term of office.
2.12.030 Acceptance must be filed.
2.12.040 Vacancies.
2.12.050 Secretary.
2.12.060 Duties of the secretary.
2.12.070 Quorum meetings.
2.12.080 Powers.
2.12.090 Duties.
2.12.010 Establishment and appointment.
The board of health shall be established for the city and shall be composed of three
members, one of whom shall be a physician in good standing and in active practice in the
city, whose powers and duties, enumerated in this chapter, shall be subject to the
supervision of the State Public Health Advisory Committee.
(Prior code § 8-1-1)
2.12.020 Term of office.
The board shall be appointed by the mayor, subject to the approval of the council at the
first meeting in May of each year, and shall hold office until the first Monday in May next
following their appointment, and until their successors shall be appointed and qualified.
(Prior code § 8-1-2)
2.12.030 Acceptance must be filed.
Each member of the board of health, when so appointed, shall file with the municipal finance
officer an acceptance in writing of the office as a member of the board of health within ten
(10) days after such appointment.
(Prior code § 8-1-3)
2.12.040 Vacancies.
Should a vacancy occur in the board of health during the year by death, removal or inability
of any member of such board to perform the duties of his or her office, the city council
shall appoint a member to fill such vacancy until the first Monday in May next following
such appointment.
(Prior code § 8-1-4)
2.12.050 Secretary.
At the first regular meeting of the board of health, the board shall elect one of their
members as the secretary of the board of health.
(Prior code § 8-1-5)
2.12.060 Duties of the secretary.
It shall be the duty of the secretary to provide the necessary books and card indexes for
keeping the records of the meetings and work of the board of health, and to make a report to
the governing body on or before the first day of May each year of the work of the board of
health together with the recommendations as they may deem important.
(Prior code § 8-1-6)
2.12.070 Quorum meetings.
A majority of the members of the board of health shall constitute a quorum for business. The
board shall meet together whenever called by the secretary of the board and unless otherwise
specified the meetings shall be at the office of the secretary of the board of health.
(Prior code § 8-1-7)
2.12.080 Powers.
The board of health shall exercise a general supervision over the health of the city with
full powers to take all steps and measures necessary to promote the cleanliness and
healthfulness of the city; to prevent the introduction into the city of malignant,
contagious or infectious diseases; and to remove or otherwise take care of any person
attacked by such disease; and to adopt in reference to such persons any regulations, rules,
or measures deemed advisable. The board of health shall have and exercise a general
supervision over the sanitary conditions of the city.
(Prior code § 8-1-8)
2.12.090 Duties.
The board of health shall give the governing body all such advice and information as it may
require in regard to the public health; and whenever it shall hear of the existence of any
malignant, contagious or pestilential disease, it shall immediately investigate the
information and adopt necessary measures to arrest such disease's progress. The board of
health shall exercise general supervision over the sanitary condition of the city and shall
enforce all the sanitary laws of the state of South Dakota.
(Prior code § 8-1-9)
Chapter 2.16
EMPLOYEE RETIREMENT SYSTEM
Sections:
2.16.010 Participating municipality in the South Dakota Municipal Retirement System.
2.16.020 Effective date.
2.16.030 Membership of retirement system.
2.16.040 Five percent deduction from employees salary.
2.16.050 City to pay matching five percent.
2.16.010 Participating municipality in the South Dakota Municipal Retirement System.
The city of Britton, hereafter called the city, shall participate in the South Dakota
Employees Retirement System for the purpose of including general employees in the South
Dakota Retirement System, hereafter called the Employees Retirement System.
(Ord. 433 § 1-6-1, 2001; prior code § 1-6-1)
2.16.020 Effective date.
The effective date of the city's participation in the Employees Retirement System shall be
retroactive to January 1, 1968.
(Ord. 433 § 1-6-2, 2001; prior code § 1-6-2)
2.16.030 Membership of retirement system.
All general employees of the city as of the date listed in Section 2.16.020 of this chapter
shall be included in the membership of the Employee Retirement System; and all persons who,
thereafter, become general employees of the city shall be included in the membership of the
Employee Retirement System.
(Ord. 433 § 1-6-3, 2001; prior code § 1-6-3)
2.16.040 Five percent deduction from employees salary.
The municipal finance officer is directed to deduct five percent of the salaries paid
general employees and forward such deductions to the retirement system; such deductions to
be made from each and every general employee's salary on each and every payroll and for each
and every payroll period subsequent to the effective date of the city's participation in the
retirement system.
(Ord. 433 § 1-6-4, 2001; prior code § 1-6-4)
2.16.050 City to pay matching five percent.
The municipal finance officer is authorized to pay from city funds a matching five percent
of salary, and to forward the matching amount to the retirement system, together with the
payment of the employees contribution as provided in Section 2.16.040.
(Ord. 433 § 1-6-5, 2001; prior code § 1-6-5)
Chapter 2.20
CITY CEMETERIES
Sections:
2.20.010 Care and management.
2.20.020 Sale of lots and use.
2.20.030 Permit to use cemetery.
2.20.040 Execution of conveyance.
2.20.050 Price of lots.
2.20.060 Lots marked.
2.20.070 Grade of lots.
2.20.080 Trees.
2.20.090 Burial.
2.20.100 Number of bodies in grave.
2.20.110 Digging of graves.
2.20.120 Notice for digging grave.
2.20.130 Location of grave.
2.20.140 Decorations.
2.20.150 Charges for interment.
2.20.160 Bodies exhumed.
2.20.170 Disinterment.
2.20.180 Removal from other cities.
2.20.190 Changes of location.
2.20.200 Planting of trees and shrubs.
2.20.210 Articles placed on lots.
2.20.220 Extra work, charges.
2.20.230 Monuments original cemetery (north part).
2.20.240 Monuments Bell's Addition (south part).
2.20.250 Installation of markers and monuments.
2.20.260 Perpetual care.
2.20.010 Care and management.
The care and management of the Britton original cemetery, the Bell's Addition, and any other
cemetery of the city shall be under the control of the city council.
(Prior code § 1-7-1)
2.20.020 Sale of lots and use.
Lots are sold subject to all rules and regulations which now are, or hereafter may be
prescribed by the council of the city, and shall not be used for any other purpose than as a
place of burial for the dead. No interment of any body other than that of a human being
shall be made in such cemetery.
(Prior code § 1-7-2)
2.20.030 Permit to use cemetery.
No dead body of any human being shall be interred in such cemeteries until a permit for the
interment of such body shall be obtained from the register of deeds office of the county in
which the death occurred, and no sexton or undertaker shall assist in or about the interment
of such body until a permit for the interment of such body shall have been obtained as
previously stated, and which permit shall give the name of the deceased, sex, nativity, date
of birth, date of death, age, and cause of death, and shall be signed by the officer issuing
the permit and which a permit shall be delivered to the sexton at or before the interment
and shall be by the sexton returned to the register of deeds office of the county in which
the burial is made immediately after the interment with a memorandum thereon, showing the
lot and portion of the lot on which the grave is situated, and the municipal finance officer
or sexton shall keep a record of such permit and memorandum of such permit.
(Prior code § 1-7-3)
2.20.040 Execution of conveyance.
The mayor and municipal finance officer of the city shall execute all conveyances for lots
upon the presentation of the receipt showing the purchase price of such lot or lots, to be
fully paid, and no burial shall be permitted until the purchase price is fully paid.
(Prior code § 1-7-4)
2.20.050 Price of lots.
Lots in the cemeteries owned by the city shall be sold to the public for prices to be fixed
from time to time by the city council, and shall be marked upon the plat of such cemeteries,
which plat shall be kept on file in the office of the municipal finance officer.
(Prior code § 1-7-5)
2.20.060 Lots marked.
Each lot in the city cemeteries shall be marked by a stone or iron post at each corner set
level with the ground, to be furnished by the city on or before the sale of the lots, with
the number of the lot cast or cut on one of the posts. Enclosures of any other description
are considered unsightly and useless and are therefore prohibited.
(Prior code § 1-7-6)
2.20.070 Grade of lots.
The grade of all lots will be determined by the superintendent in charge.
(Prior code § 1-7-7)
2.20.080 Trees.
No tree growing on any lot shall be pruned, cut down, or removed without the consent of the
superintendent, and if any tree or shrub situated on any lot shall, by means of its roots,
branches, or otherwise, become detrimental to the adjacent lots or avenues or unsightly or
inconvenient, the city council or park board shall have the right to enter upon any such lot
and remove such trees and shrubs, or such part of such trees or shrubs as they shall deem
detrimental or unsightly. If any lot or structure thereof shall by neglect of the
proprietor, become unsightly, the city council or park board shall have the right to enter
upon the lot and remove the same or put the structure and the lot in proper order or repair,
and make a reasonable charge therefor.
(Prior code § 1-7-8)
2.20.090 Burial.
No burial other than known members of the family of the lot owner except lots owned by the
county will be allowed except on written permission to the municipal finance officer, which
permission shall be filed in the office of the municipal finance officer and no lot owner
will be allowed to dispose of any lot or portion of such lot for a remuneration or
consideration without the approval of the city council.
(Prior code § 1-7-9)
2.20.100 Number of bodies in grave.
Not more than one body will be allowed in a grave, except in case of a mother and infant, in
which case special permission must be obtained from the city council.
(Prior code § 1-7-10)
2.20.110 Digging of graves.
The digging of all graves shall be done by the sexton or under his or her supervision, and
all surplus earth shall be removed from the lots at the expense of the lot owner. All graves
for adults shall be the depth of at least five and one-half feet except that interments may
be made in solid concrete hermetically sealed, airtight crypts or vaults at such depth as to
leave the top of such crypt or vault even or slightly raised above the surface of the earth;
provided that all such concrete crypts and vaults shall be constructed according to plans
and specifications which have been approved by the city engineer and park board.
(Prior code § 1-7-11)
2.20.120 Notice for digging grave.
Twenty-four (24) hours' notice for graves must be given either at the cemeteries or at the
office of the sexton; and in all cases, the box must be either sent at once to the grounds,
or the exact size be left with the sexton.
(Prior code § 1-7-12)
2.20.130 Location of grave.
Graves must be located at least six inches within the boundaries of the lot.
(Prior code § 1-7-13)
2.20.140 Decorations.
Floral or other decorations will be removed from the lots as soon as they become wilted or
unsightly, and persons wishing to retain any must move them within forty-eight (48) hours
after interment.
(Prior code § 1-7-14)
2.20.150 Charges for interment.
Opening, closing, and sodding graves will be subject to such charge and may be from time to
time fixed by resolution of the governing body.
(Prior code § 1-7-15)
2.20.160 Bodies exhumed.
No body shall be exhumed except by the permission of the city board of health or other
proper public authorities.
(Prior code § 1-7-16)
2.20.170 Disinterment.
No disinterment in a lot or removal of a body will be allowed without the assent as
prescribed by South Dakota law in writing of the surviving husband or wife or next of kin to
the person whose body is to be disinterred or removed, and written permit, order for the
disinterment from the owner of the lot, or his or her lawful representative.
(Prior code § 1-7-17)
2.20.180 Removal from other cities.
Remains removed from other cities or cemeteries must be accompanied by the proper papers
prescribed by law.
(Prior code § 1-7-18)
2.20.190 Changes of location.
Changes of location of interment in the cemeteries will not be made between the dates of
October 15th and April 15th.
(Prior code § 1-7-19)
2.20.200 Planting of trees and shrubs.
All trees or shrubs wherever planted at the cemeteries, shall be planted only by the
employees of the management in charge, or under the authority and direction of the
superintendent.
(Prior code § 1-7-20)
2.20.210 Articles placed on lots.
The park board shall not be held responsible for articles which may be placed on lots, and
in all cases may remove such objects, without notice, that may be considered objectionable.
Such articles, and all articles removed from graves and lots will not be accounted for in
any way after ten (10) days from removal.
(Prior code § 1-7-21)
2.20.220 Extra work, charges.
Persons may have any such extra care or work, as may be approved by the superintendent, done
upon their lots by giving a written order to the sexton at the cemeteries or at the office
of the park board, specifying the work they wish done. All such orders consistent with the
rules and regulations of the park board, will be promptly executed, for which a reasonable
charge will be made. All such charges for work or special care are payable at the time of
completion of work done at the office of the municipal finance officer.
(Prior code § 1-7-22)
2.20.230 Monuments original cemetery (north part).
All monuments must be located in the center of all lots, sizes 26 × 3l feet and 26 × 26
feet.
(Prior code § 1-7-23)
2.20.240 Monuments Bell's Addition (south part).
A. On all lots 24 × 24 feet (ten (10) graves), monuments must be in the center
of the lot. On all lots 12 × 24 feet (five graves), double lots, and single-grave lots, all
monuments must be on the west edge, centered from the north-south boundary lines. All bases
and margins must be located within the lot lines.
B. Installation of single-grave markers including flush, K slant, raised, or
beveled top markers on lots 26 × 32 feet and 26 × 26 feet in original plat and on all lots
24 × 24 feet in Bell's Addition must be placed on the foot end (east end) of all graves on
the east side of the lot and on the head end (west end) of all graves on the west side of
the lot. On lots 12 × 24 feet in Bell's Addition, all markers must be on the foot end (east
end) of the grave.
C. Double monuments, double flush markers, double raised or beveled top
markers, and double K slant markers, and/or monuments must be placed at the head end (west
end) of the grave.
D. For any other cemetery acquired by the city, in addition to the original
cemetery and Bell's Addition, all markers and headstones shall be set flush with the ground
so that the grass can be properly mowed and there shall be no planting in such cemetery
without the permission of the person in charge and all shrubs and trees shall be planted by
the city and no other planting shall be permitted.
(Prior code § 1-7-24)
2.20.250 Installation of markers and monuments.
A. All monuments and markers referred to in this chapter shall be set in poured
concrete not less than four inches deep and with a five-inch minimum on all sides flush with
the ground level. Precast, stressed concrete slabs may be used in lieu of poured concrete
but must have the minimum five-inch on four sides and be flush with the grounds.
B. The seller or the party contracting for the installation of the marker or
monument shall be responsible to see that the above rules are followed. If a special
situation arises where following the regulations might not be possible or desirable
(example: because of previously installed markers and/or monuments on the lot), then it
shall be the responsibility of the contractor to contact the chairman of the cemetery
committee to obtain a special waiver.
C. Any company not setting or installing markers and/or monuments in compliance
with the regulations of the chapter shall be responsible to make any necessary changes to
comply with the regulations within sixty (60) days of written notice from the municipal
finance officer. If the changes are not made within sixty (60) days of receipt of the
notice, the company shall thereafter be denied the privilege of making further installations
of monuments and/or markers until the change has been made and inspected by the cemetery
committee and approved.
D. It shall be the responsibility of the company making the installation to
check with the cemetery committee on any special situation not specifically detailed in this
chapter and obtain approval for the installation.
(Prior code § 1-7-25)
2.20.260 Perpetual care.
A. In all cases where any person owning a lot or lots in any of the cemeteries
owned by the city, desiring perpetual care of such lots, he or she shall deposit with the
municipal finance officer the sum of twenty-five dollars ($25.00) per grave per year or such
greater sum as may be from time to time determined by the city council. Which sum shall be
placed in a separate trust fund by the municipal finance officer and the income therefrom
shall be used for the perpetual care of such lot or lots.
B. The municipal finance officer shall invest such trust fund with the approval
if the city council in state, county, or city securities, and the income shall be used for
perpetual care of such lots as provided in this section.
C. The deposit for perpetual care does not include preparing graves or beds for
planting or any other purpose except normal care of the lots.
(Prior code § 1-7-26)
Title 3
REVENUE AND FINANCE
Chapters:
3.04 General Fiscal Provisions
3.08 Sales, Service and Use Tax
3.12 Reserved
3.16 Reserved
3.20 Non-Ad Valorem Tax
Chapter 3.04
GENERAL FISCAL PROVISIONS
Sections:
3.04.010 Annual reports by boards.
3.04.020 Contracts by members of the council.
3.04.030 Sale of municipal personal property.
3.04.040 Claims.
3.04.050 Funds.
3.04.010 Annual reports by boards.
Each of the boards appointed and acting for the city in the administration of the city,
shall make an annual report of its receipts, disbursements and activities to the council as
soon as practicable after the close of the fiscal year, which report shall be filed with the
municipal finance officer.
(Prior code § 1-4-1)
3.04.020 Contracts by members of the council.
No officer or member of the council shall enter into any contract, make any purchases or
create any indebtedness against the city in excess of five thousand dollars ($5,000.00)
without having first submitted the matter of incurring such indebtedness or making such
contract to the council or having received authority of such council therefore.
(Ord. 444 (part), 2002: prior code § 1-4-2)
(Ord. No. 509, 1-11-2010)
3.04.030 Sale of municipal personal property.
Whenever the city shall have personal property that has been appraised at less than five
hundred dollars ($500.00), the sale shall be conducted in conformance of SDCL 6-13.
(Ord. 432 § 1-4-3, 2001: prior code § 1-4-3)
(Ord. No. 510, 1-11-2010)
3.04.040 Claims.
All claims against the city shall be in writing and upon forms provided by the municipal
finance officer and in such form as required by statute of the state of South Dakota. Prior
to passage or approval by the council, claims shall bear the approval of the councilmember
or person in charge of the department for which such services or supplies are furnished.
(Prior code § 1-4-4)
3.04.050 Funds.
The municipal finance officer shall keep full, true and just accounts of all financial
affairs of the city and shall keep such accounts and furnish in such form and in such manner
from time to time as is required by the Division of Legislative Audit.
(Ord. 444 (part), 2002: prior code § 1-4-5)
Chapter 3.08
SALES, SERVICE AND USE TAX
Sections:
3.08.010 Purpose.
3.08.020 Effective date and enactment of tax.
3.08.030 Use tax.
3.08.040 Collection.
3.08.050 Interpretation.
3.08.060 Penalty.
3.08.010 Purpose.
The purpose of this chapter is to provide additional needed revenue for the municipality of
Britton, Marshall 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.
(Ord. 470 § 1, 2005: Ord. 459 § 1, 2005)
3.08.020 Effective date and enactment of tax.
From and after the first day of January 2006, there is imposed as a municipal retail
occupational sales and service tax upon the privilege of engaging in business a tax measured
by two percent on the gross receipts of all persons engaged in business within the
jurisdiction of the municipality of Britton, Marshall County, South Dakota, who are subject
to the South Dakota retail occupational sales and service tax, SDCL 10-45 and acts
amendatory thereto.
(Ord. 470 § 2, 2005: Ord. 459 § 2, 2005)
3.08.030 Use tax.
In addition there is imposed an excise tax on the privilege of use, storage and consumption
within the jurisdiction of the municipality of tangible personal property or services
purchased from and after the first of January 2006, 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.
(Ord. 470 § 3, 2005: Ord. 459 § 3, 2005)
3.08.040 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 and regulation 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 and Regulation of the
state of South Dakota shall lawfully prescribe.
(Ord. 470 § 4, 2005: Ord. 459 § 4, 2005)
3.08.050 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 hereto, and that this shall be
considered a similar tax except for the rate thereof to that tax.
(Ord. 470 § 5, 2005: Ord. 459 § 5, 2005)
3.08.060 Penalty.
Any person failing or refusing to make reports or payments prescribed by this chapter and
the rules and regulations relating to the ascertainment and collection of the tax levied in
this chapter shall be guilty of a misdemeanor and upon conviction shall be fined not more
than two hundred dollars ($200.00) or imprisoned in the municipal 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
authorized for the collection of these excise taxes by the department of revenue and
regulation.
(Ord. 470 § 6, 2005: Ord. 459 § 6, 2005)
Chapter 3.12
RESERVED
Editors Note: Ord. No. 504, adopted May 11, 2009, repealed Chapter 3.12, which
pertained to property valuation for tax purposes, and derived from Ord. 346 § 1, 1990.
Chapter 3.16
RESERVED
Editors Note: Ord. No. 508, adopted Jan. 11, 2010, repealed Ch. 3.16, which
pertained to equipment reserve fund and derived from Ord. No. 388, §§ 1--4, 1994.
Chapter 3.20
NON-AD VALOREM TAX
Sections:
3.20.010 Purpose.
3.20.020 Effective date and enactment of tax.
3.20.030 Collection.
3.20.040 Penalty.
3.20.010 Purpose.
The purpose of this chapter is to provide additional needed revenue for the municipality of
Britton, Marshall County, South Dakota, for purposes of land acquisition, architectural
fees, construction costs, payments for civic center auditorium or other athletic facility
buildings including the maintenance staffing and operations of such facilities and promotion
and advertising of the city, its facility, attractions and activities by imposing an
additional one percent ad valorem sales tax and use tax pursuant to the powers granted to
the municipality by the state of South Dakota, pursuant to SDCL 10-52A-2 and any act
pertinent or amendatory thereto.
(Ord. 460 § 1, 2005)
3.20.020 Effective date and enactment of tax.
From and after the first day of July 2005, there is imposed as a municipal ad valorem tax of
one percent on the gross receipts of all leases or rentals of hotel, motel, camp sites or
other lodging accommodations within the municipality for periods of less than twenty-eight
(28) consecutive days, and sales of alcoholic beverages as defined in SDCL 35-1-1, and
establishments where the public is invited to eat, dine, or purchase and carry out prepared
foods for immediate consumption, and ticket sales and admissions to places of amusement,
athletic, and cultural events or any combination thereof within the jurisdiction of the
municipality of Britton, Marshall County, South Dakota. The tax will not be applied to any
groups, organizations, or events exempt pursuant to SDCL 10-45-13.
(Ord. 460 § 2, 2005)
3.20.030 Collection.
Such tax is levied pursuant to authorization granted by SDCL 10-52A and acts amendatory
thereto, and shall be collected by the South Dakota department of revenue and regulation 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 and Regulation of the
state of South Dakota shall lawfully prescribe.
(Ord. 460 § 3, 2005)
3.20.040 Penalty.
Any person failing or refusing to make reports or payments prescribed by this chapter and
the rules and regulations relating to the ascertainment and collection of the tax levied in
this chapter shall be guilty of a misdemeanor and upon conviction shall be fined not more
than two hundred dollars ($200.00) or imprisoned for 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 authorized for
the collection of these taxes by the department of revenue and regulation.
(Ord. 460 § 4, 2005)
Title 4
(RESERVED)
Title 5
BUSINESS LICENSES AND REGULATIONS
Chapters:
5.04 Business Licenses Generally
5.08 Alcoholic Beverages
5.12 Junk Dealers
5.16 Transient Merchants
Chapter 5.04
BUSINESS LICENSES GENERALLY
Sections:
5.04.010 Scope of chapter.
5.04.020 Unlawful activities not licensed.
5.04.030 Failure to obtain valid license.
5.04.040 Application for license.
5.04.050 Submission of applicant at next council meeting.
5.04.060 Examination of applicant.
5.04.070 Grounds for issuance or denial of license.
5.04.080 Term of licenses.
5.04.090 Municipal finance officer to collect fees.
5.04.100 Disposition of fee upon denial of application.
5.04.110 Licensee subject to inspection--Refusal of inspection unlawful.
5.04.120 Control of license by council--Assignments prohibited.
5.04.130 Renewal of license.
5.04.140 Municipal finance officer to keep record of licenses issued.
5.04.150 Separate license required for each business.
5.04.160 Grounds for suspension or revocation of licenses.
5.04.170 Procedure on suspension or revocation of license.
5.04.180 Misrepresentation.
5.04.190 Penalty.
5.04.010 Scope of chapter.
The provisions of this chapter apply to the issuance of every kind of license or permit
authorized by the municipality. Whenever a provision of a particular licensing ordinance
shall be deemed in conflict with any phrase or section of this chapter, the provision of the
particular licensing ordinance shall prevail.
(Prior code § 9-1-1)
5.04.020 Unlawful activities not licensed.
No provision contained in this title shall be construed so as to license any trade,
business, occupation, vocation, pursuit, profession, or entertainment prohibited by any law
of the United States, of the state of South Dakota, or prohibited by the provisions of this
code or other ordinance, of the city.
(Prior code § 9-1-2)
5.04.030 Failure to obtain valid license.
No person shall conduct any activity for which a license is required by the city without
first procuring a valid license therefor.
(Prior code § 9-1-3)
5.04.040 Application for license.
Every person desiring to conduct any business or other activity in the municipality for
which a license is required must file with the municipal finance officer of the city, on a
form to be provided by the municipal finance officer, an application for the license in
writing. The fee for such license must accompany the application. The application shall be
subscribed and sworn to by the applicant before an officer authorized to take oaths, and
shall set forth:
A. The name of applicant;
B. His or her place of permanent residence;
C. His or her local business address, if any;
D. Date of his or her approval in the municipality and length of time to do
business;
E. City or county from which last license, if any, received; and three
references as to the integrity of applicant;
F. Description of the activity to be licensed, and its location;
G. Whether the applicant shall act as principal or agent;
H. If acting agent, the name, and place of business of the principal or
employer;
I. If the applicant is an agent, the principal's acknowledgement of such agency
must accompany the application;
J. License and description of vehicle used while in Britton (if more than one,
list each one);
K. List any conviction of any crime or violation of any city ordinance. List
also the nature of offense, punishment, court, and the city or town.
(Prior code § 9-1-4)
5.04.050 Submission of applicant at next council meeting.
On receipt of any application for a license or other authorization to do business, the
municipal finance officer shall submit the application to the city council at its next
regular or special session.
(Prior code § 9-1-5)
5.04.060 Examination of applicant.
A. The city council may notify or cause to be notified, in writing, the
applicant to appear before the council for the purpose of further inquiry into the facts and
circumstance of the application and the fitness of the applicant to be licensed.
B. The council may direct the sheriff or other municipal officer to investigate
the facts stated in each license application, the qualifications and character of the
applicant, and the officers and owners of the firm to be licensed.
(Prior code § 9-1-6)
5.04.070 Grounds for issuance or denial of license.
A. If the city council shall determine that any applicant for a license or any
person interested in the ownership of any business sought to be licensed are persons of such
character that the business to be licensed may be operated in such manner as to be
detrimental to the public health, peace, morals, or general welfare of the municipality,
such application shall be denied; otherwise, the application shall be granted.
B. If the city council shall find, after investigation, that the premises or
buildings of the business to be operate under license are in unsafe condition, or are
constructed or operated in such a way as to be detrimental to the public welfare, the
council shall deny the application for license.
(Prior code § 9-1-7)
5.04.080 Term of licenses.
Unless the council shall provide otherwise, either by ordinance or in an individual license,
the term of every license issued under authority of this title shall be for one year, and
shall commence January 1st and end December 31st.
(Prior code § 9-1-8)
5.04.090 Municipal finance officer to collect fees.
The municipal finance officer shall be charged with the collection of the fees for the
licenses required by this title.
(Prior code § 9-1-9)
5.04.100 Disposition of fee upon denial of application.
If a license application shall be denied, the license fee that may have accompanied the
application shall be returned to the applicant.
(Prior code § 9-1-10)
5.04.110 Licensee subject to inspection--Refusal of inspection unlawful.
A. Any business licensed under this title shall at all times be subject to
inspection by officials of the city. The licensee, and/or employees of such licensee, shall
at all times permit any official of the city to enter the premises where such licensed
business is conducted, for inspection of such premises and the activity under license.
B. It is unlawful for any person to restrict or obstruct any city official in
the exercise of the right to enter to licensed premises or the inspection of any licensed
activity.
(Prior code § 9-1-11)
5.04.120 Control of license by council--Assignments prohibited.
A. Nothing contained in this title shall be construed to create any vested
right in any person, to the assignment, renewal, reissuance, or continuance of any license;
the right thereto shall be always vested in the city council.
B. No licensee shall assign any license granted by the city unless authorized
by the council in writing, or by ordinance.
(Prior code § 9-1-12)
5.04.130 Renewal of license.
Application for renewal of a license shall be made in the same manner as application for the
original license.
(Prior code § 9-1-13)
5.04.140 Municipal finance officer to keep record of licenses issued.
The municipal finance officer shall keep a record of all licenses granted by the city,
showing for each license the date of expiration, the premises described therein, change of
location, or transfer, if any, and any other pertinent fact with reference to such license.
(Prior code § 9-1-14)
5.04.150 Separate license required for each business.
Except as otherwise provided, no license issued by the council shall cover more than one
classification of license or more than one trade, business, occupation, pursuit, vocation,
or entertainment.
(Amended during 2001 codification; prior code § 9-1-15)
5.04.160 Grounds for suspension or revocation of licenses.
A. Whenever the city council determines that any licensee is conducting the
activity licensed in a manner which violates the code or any ordinance or regulation of the
city, or operating the business licensed in any manner detrimental to the public health,
morals, or welfare, the council may order the suspension or revocation of the license.
B. The council may revoke or suspend any license for fraud or misrepresentation
in its procurement, or for a violation of any federal or state statute.
C. If, when revoked, any license has an unexpired period of six months or more,
fifty (50) percent of the license fee thereunder shall be refunded to the licensee upon
demand; provided, that the demand for refund be made within thirty (30) days after such
revocation.
(Prior code § 9-1-16)
5.04.170 Procedure on suspension or revocation of license.
Before considering the suspension or revocation of any license issued under this title, the
council shall give the licensee an opportunity to appear before it and be heard in relation
to any matter under investigation. The licensee shall be notified in writing of the time and
place of the hearing or investigation.
(Prior code § 9-1-17)
5.04.180 Misrepresentation.
No person shall wilfully misrepresent any material fact in any license application made by
him or her.
(Prior code § 9-1-18)
5.04.190 Penalty.
Any person violating a provision of this chapter for which another penalty has not been
provided shall, upon conviction of such violation, be punished as set forth in Chapter 1.16.
(Prior code § 9-1-19)
Chapter 5.08
ALCOHOLIC BEVERAGES
Sections:
5.08.010 Package with broken seal.
5.08.020 Minors barred from retail (on-off sale) premises.
5.08.030 Penalty.
5.08.040 Markup percentage on all alcoholic beverages.
5.08.050 Sunday and Memorial Day sales.
5.08.010 Package with broken seal.
It is unlawful for any person to have in his or her possession in a public place within the
city, any alcoholic beverage, except that contained in a sealed original package, with the
United States Government and the state of South Dakota stamp tax broken; provided, however,
that this shall not apply to an "on-sale" dealer, hospital, or sanitarium.
(Prior code § 10-6-1)
5.08.020 Minors barred from retail (on-off sale) premises.
A. It is a Class II misdemeanor for any retail (on-off sale) licensee to permit
any person less than twenty-one (21) years old on the premises where the business under the
license is authorized between the hours of ten p.m. and seven a.m., except when such person
is in the company of his or her parents, guardian, or spouse over twenty-one (21) years of
age.
B. It is a Class II misdemeanor for any person less than twenty-one (21) years
old to be on the premises where a retail (on-off sale) license is authorized to do business
between the hours of ten p.m. and seven a.m., except when such person is in the company of
his or her parents, guardian or spouse over twenty-one (21) years of age.
(Ord. 383 § 1, 1994: prior code § 10-6-3)
5.08.030 Penalty.
Where there is no penalty provided for, any person who is in violation of this chapter shall
be guilty of a misdemeanor and shall be punished according the general penalty clause,
Chapter 1.16 of this code.
(Prior code § 10-6-4)
5.08.040 Markup percentage on all alcoholic beverages.
The city shall charge and collect a ten (10) percent fee on all alcoholic beverages and malt
beverages sold within the city limits. This fee shall be paid by the license holder based
upon invoice costs on all alcoholic or malt beverages delivered to them. The ten (10)
percent fee shall be paid on invoice cost to the license holder and not on retail prices
charged by the license holder. The fee shall be paid on both on and off sale alcoholic and
malt beverages.
(Ord. 477, 2005: Ord. 337 § 1, 1988: prior code § 10-6-5)
5.08.050 Sunday and Memorial Day sales.
The city of Britton authorizes on sale or off sale licensees to sell alcoholic beverages
pursuant to SDCL § 35-4-81 on Sundays after 2:00 a.m., and on Memorial Day after 2:00 a.m.
Such sales can be for on or off sale pursuant to the license issued to the licensee.
(Ord. No. 511, 8-16-2010)
Chapter 5.12
JUNK DEALERS
Sections:
5.12.010 Junk dealer's license.
5.12.020 License fee.
5.12.030 Exemption for paper dealers.
5.12.040 License to state location of business.
5.12.050 Changing business location.
5.12.060 Acting as pawnbroker prohibited.
5.12.070 Penalty.
5.12.010 Junk dealer's license.
No person shall engage in the business of buying or selling or dealing in junk, rags, old
rope, paper, bagging, lead, or any other articles that are ordinarily bought or dealt in by
persons commonly called junk dealers, without being licensed for such purpose by the city.
(Prior code § 9-4-1)
5.12.020 License fee.
The license fee for engaging in the junk business shall be ten dollars ($10.00) per year.
(Prior code § 9-4-2)
5.12.030 Exemption for paper dealers.
The provisions of this chapter shall not apply to persons engaged only in buying or
collecting rags or paper to be used exclusively in the manufacture of paper.
(Prior code § 9-4-3)
5.12.040 License to state location of business.
Every license granted to any keeper of a junk shop shall designate the location where the
junk trade is to be carried out.
(Prior code § 9-4-4)
5.12.050 Changing business location.
No dealer shall change the location of his or her business without permission of the city.
(Prior code § 9-4-5)
5.12.060 Acting as pawnbroker prohibited.
No keeper of a junk shop, as such, shall carry on, or hold a license to carry on, the
business of a pawnbroker.
(Prior code § 9-4-6)
5.12.070 Penalty.
Any person violating a provision of this chapter, for which another penalty has not been
provided shall, upon conviction of such violation, be punished as set forth in Chapter 1.16.
(Prior code § 9-4-7)
Chapter 5.16
TRANSIENT MERCHANTS
Sections:
5.16.010 Definition of a transient merchant.
5.16.020 Transient merchant license.
5.16.030 Exceptions.
5.16.040 License fee.
5.16.050 Application for license.
5.16.060 Issuance of license.
5.16.070 Exhibition of license upon demand.
5.16.080 Penalty.
5.16.010 Definition of a transient merchant.
A transient merchant, otherwise called itinerant vendor or peddler, means any person,
whether acting as owner, agent, consignee, or employee, whether a resident of the city or
not, who engages in a temporary business of selling, delivering, or offering for sale,
goods, wares, merchandise, and subscriptions within the municipality and who, in furtherance
of such purpose, uses, or occupies the streets or alleys or sidewalks of the municipality or
any structure, motor vehicle, or other place within the municipality for the exhibition and
sale of such goods, wares, and merchandise.
(Prior code § 9-2-1)
5.16.020 Transient merchant license.
It is unlawful for any person, firm, or corporation to engage in the business, trade, or
calling of itinerant merchant within the corporate limits of the city without first having
obtained a license to do so.
(Prior code § 9-2-2)
5.16.030 Exceptions.
A. The provisions of this chapter shall not apply to bona fide merchants having
regularly established places of business within the city, or to any regularly licensed
auctioneer, or to any person distributing by sale, or otherwise, produce, produced by him or
her on owned or leased premises; provided such premises are located within one hundred fifty
(150) miles of the city.
B. The provisions of this chapter shall also not apply to a bona fide
nationally chartered veterans, religious, charitable, educational or fraternal organization,
local civic or service club, political party or volunteer fire department or political
committee on behalf of a candidate for a political office which is duly existing under the
laws of the state of South Dakota, provided that such organizations before conducting such
sale shall give thirty (30) days' written notice of the time and place of such sale to the
governing body of the municipality and receive approval to do so. This approval shall be
limited to one sale per organization each calendar year.
(Ord. 307 § 1, 1982: prior code § 9-2-3)
5.16.040 License fee.
The fee for a license from the city to engage in the business of transient merchant is one
hundred dollars ($100.00) a year.
(Prior code § 9-2-4)
5.16.050 Application for license.
A. Every transient merchant desiring to do business within the city must,
before commencing such business, file with the municipal finance officer, an application in
writing. The application shall contain the information required by Section 5.04.040, and in
addition, provide the following information:
1. Give a brief descriptive list of articles to be offered for sale, or
services to be performed;
2. State whether payments or deposits of money are collected when orders are
taken or in advance of final delivery.
B. At the time of filing the application, such transient merchant must
accompany the application with the sum specified in the preceding Section 5.16.040 as a
license fee.
(Prior code § 9-2-5)
5.16.060 Issuance of license.
A. Upon filing of the application, in proper form, and upon the payment to the
municipal finance officer of the sum required in Section 5.16.040 of this chapter, the
municipal finance officer shall issue and deliver to the applicant a license to carry on the
business described in such application. Such license shall be nontransferable and shall have
printed on the face of such license in bold type, the words, "not transferable."
B. The municipal finance officer shall endorse upon each application the date
of issuance of the license and shall file such application with the city in appropriate
files.
(Prior code § 9-2-6)
5.16.070 Exhibition of license upon demand.
Every transient merchant doing business under the provisions of this chapter must, upon
demand of any official of the city, exhibit his or her license and permit the license to be
read by the official making such demand.
(Prior code § 9-2-7)
5.16.080 Penalty.
Any person violating a provision of this chapter for which another penalty has not been
provided shall, upon conviction of such violation, be punished as set forth in Chapter 1.16.
(Prior code § 9-2-8)
Title 6
ANIMALS
Chapters:
6.04 General Animal Regulations
6.08 Dogs and Cats
Chapter 6.04
GENERAL ANIMAL REGULATIONS
Sections:
6.04.010 Cruelty to animals.
6.04.020 Animals running at large.
6.04.025 Animals at large.
6.04.030 Fowl in city.
6.04.040 Horses, cows, goats, sheep in city.
6.04.050 Pigs in city prohibited.
6.04.060 Picketing animals.
6.04.070 Pigeons in city.
6.04.080 Fur farming.
6.04.090 Domestic animals.
6.04.092 Number of pets limited.
6.04.094 Abandonment of animal.
6.04.096 Stray, abandoned, or unkempt animals.
6.04.100 Penalty.
6.04.010 Cruelty to animals.
No person shall cruelly or immoderately beat, torture, or injure any domestic animal, nor
overload any working animal, nor shall any person wilfully or negligently maltreat or abuse
or treat or neglect in a cruel or inhuman manner any such animal.
(Prior code § 10-2-1)
6.04.020 Animals running at large.
No person shall allow any horse, cattle, swine, sheep, or goats to run at large.
(Prior code § 10-2-2)
6.04.025 Animals at large.
No person owning or having possession, charge, custody, or control of any animal, including
dogs or cats, reptiles, insects, birds or amphibians shall allow it to run at large within
the city of Britton. At large is described as any animal when off or away from the premises
and not in the control of the owner, possessor, keeper, agent, servant, or a member of his
or her immediate family by a leash, or an animal when on the premises of the owner,
possessor, keeper, agent, or servant if not attended by a competent person unless the animal
is chained, restrained, enclosed, or confined in a manner preventing it from leaving the
premises.
(Ord. 481 (part), 2006)
6.04.030 Fowl in city.
No person shall allow any ducks, geese, chickens, or other domestic fowl to run at large nor
shall any person keep enclosed or housed any geese, ducks, chickens, or other domestic fowl
in any house, pen, coop, or enclosure situated within the distance of one hundred (100) feet
of any dwelling house or store or other building used or occupied as the residence of any
person, or within one hundred (100) feet of any church. Enclosure shall be maintained at all
times in a clean and sanitary condition. (Amended during 2001 codification; prior code §
10-2-3)
6.04.040 Horses, cows, goats, sheep in city.
A. No person shall keep any horse, cow, goat, or sheep or erect or maintain any
building or enclosure for use in keeping any of such animals within three hundred (300) feet
of any dwelling, house, or building used for human habitation, other than that of the owner
of such animals.
B. No person shall keep or maintain any building or enclosure where livestock
is kept, unless the building or enclosure be at all times kept in a clean and sanitary
condition and in accordance with the rules and regulations of the board of health of the
city.
(Prior code § 10-2-4)
6.04.050 Pigs in city prohibited.
No person shall place, keep, or maintain any live hogs within the city, excepting such hogs
as are kept in the yards or pens of the railway companies for shipping purposes, or in pens,
houses or yards of the stockyards, packing houses, or butcher shops and kept for the purpose
of immediate shipment or slaughter.
(Prior code § 10-2-5)
6.04.060 Picketing animals.
No person shall within the city, stake out any domestic animal in such manner as to permit
it to approach within one hundred (100) feet of any dwelling house or building used for
human habitation other than that of the owner of such animal.
(Prior code § 10-2-6)
6.04.070 Pigeons in city.
No person owning or having in his or her charge, control, or possession any pigeons shall
suffer, allow, or permit such pigeons or any of them to roam or fly at large within the
city.
(Prior code § 10-2-7)
6.04.080 Fur farming.
No person, firm, or corporation shall keep or maintain in the city any fur farm for the
purposes of maintaining, keeping, breeding, or raising any wild or domesticated wild animals
for their furs or pelts, or for breeding purposes, or for sale.
(Ord. 336 § 1 (part), 1988: prior code § 10-2-8)
6.04.090 Domestic animals.
No person, firm or corporation shall keep or maintain in the city any domestic animals for
breeding purposes, or for sale, nor shall house them for hire, such as a kennel or pound.
(Ord. 336 § 1 (part), 1988: prior code § 10-2-9)
6.04.092 Number of pets limited.
It is unlawful for any person to have or keep more than four domestic pets over the age of
six months, except birds and fish, and any lot or premises in the city, unless such person
residing on or in the lot or premises has a valid kennel license issued by the city.
Veterinarian offices and retail pet stores are exempt from the provisions of this section.
(Ord. 482 (part), 2006)
6.04.094 Abandonment of animal.
No person shall abandon any animal within the city limits.
(Ord. 483 (part), 2006)
6.04.096 Stray, abandoned, or unkempt animals.
No person within the city of Britton shall harbor, keep or feed any stray animals. Animals
known to be a stray shall be immediately reported to the city offices.
(Ord. 484 (part), 2006)
6.04.100 Penalty.
Any person violating a provision of this chapter for which another penalty has not been
provided shall, upon conviction of such violation, be punished as set forth in Chapter 1.16.
(Ord. 484 (part), 2006: Ord. 483 (part), 2006: Ord. 482 (part), 2006: Ord. 481 (part), 2006:
Ord. 336 § 1 (part), 1988: prior code § 10-2-10)
Chapter 6.08
DOGS AND CATS*
Sections:
6.08.010 Licensing required.
6.08.020 Collar.
6.08.030 Animals disturbing the peace.
6.08.040 Vicious or dangerous animals.
6.08.060 Impoundment.
6.08.070 Redemption of animal from shelter.
6.08.080 Sale of impounded animals.
6.08.090 Destruction of unclaimed animals.
6.08.100 Quarantine.
6.08.110 Removal of excrement.
* Prior history: Prior code §§ 9-3-1--9-3-12 and 9-5-1--9-5-3 as amended by Ords. 350, 363,
369 and 401.
6.08.010 Licensing required.
A. License. It is unlawful for any person or persons within the city to keep,
maintain, or have custody or control of any dog or cat without first having obtained a
license to do so from the city finance officer as hereafter provided and without having paid
the license fee for such license.
B. Application. Any person desiring to keep, maintain, or have custody of any
dog or cat, shall before the first day of January in each year make application to the city
finance officer for a license to keep such dog or cat; such application shall be in writing
stating the name, sex, color, and other distinguishing characteristics of the dog and the
name of the owner of such dog or cat, and that the dog or cat has no vicious propensities so
far as known to the applicant, which application shall be made on a printed blank furnished
by the city finance officer and filed with the city finance officer. In addition, the
applicant shall exhibit to the finance officer a certificate from a registered veterinarian
showing that such dog or cat has been inoculated against rabies and that such inoculation
will be effective during the period for which the dog or cat is licensed. Any dog or cat
licensed under six months of age shall be inoculated upon reaching the age of six months.
C. Fee--Tag. The applicant shall at the time of making such application, pay to
the city finance officer a license fee in the sum of three dollars ($3.00) for each neutered
or sterilized male dog or cat or spayed female dog or cat, and license fee in the sum of
seven dollars ($7.00) for each unneutered or unsterilized male dog or cat or unspayed female
dog or cat. It shall be the duty of the city finance officer at the time of the issuance of
the license to furnish and deliver such applicant a metallic animal tag upon which tag shall
be stamped or engraved the registered number of the dog or cat and the year when registered.
It shall be the duty of the owner of the dog or cat to place a collar around the neck of the
dog or cat on which shall be fastened a metallic animal tag so furnished by the city finance
officer. In case of loss of any tag so issued, the city finance officer is authorized to
issue another tag upon payment of one dollar ($1.00) and upon proof that such tag has been
lost. Any dog or cat owner who fails to purchase a license for their animal by January 1st
or within two weeks of acquiring a dog or cat, shall be subject to a fine of twenty-five
dollars ($25.00).
D. Expiration. All dog and cat licenses shall expire on the 31st day of
December following the granting of such license, and shall be renewed by payment of the
license fee as provided for in this section prior to the expiration date.
E. Exceptions. The licensing provisions of this chapter shall not apply to dogs
and cats where the owners are nonresidents temporarily within the city, nor to "seeing-eye
dogs" properly trained to assist blind persons when such dogs are actually kept for use by
blind persons for the purpose of aiding them in going from place to place, nor to dogs or
cats three months of age or less.
(Ord. 480 (part), 2006)
6.08.020 Collar.
Any person owning or having possession of any dog or cat shall keep a collar placed on such
animal at any time it is located within the city boundaries with such collar to display all
required licensing tags issued by the city of Britton.
(Ord. 480 (part), 2006)
6.08.030 Animals disturbing the peace.
A. No person owning any dog or cat, confined on the premises or otherwise,
shall suffer or permit such animal to disturb the peace and quiet of the neighborhood by
making loud and/or unusual noises.
B. Upon signed complaint at the city attorney's office that any person is
keeping or harboring any dog or cat which disturbs the peace as set forth in this section,
it shall be the duty of the city attorney to notify the owner of such animal in writing of
such complaint, and after such owner has been given forty-eight (48) hours notice of such
habit; if the animal so disturbing the peace continues, the owner of such animal shall be
subject to a fine of twenty-five dollars ($25.00).
(Ord. 480 (part), 2006)
6.08.040 Vicious or dangerous animals.
A. It is the policy of the city to provide a safe environment for its citizens.
Therefore, it is unlawful for any person to harbor within the city the following:
1. Any wild animal, defined as any animal or hybrid animal whose peers exist
predominantly in a wild or nonresidential confined state; and
2. Any domesticated animal with vicious dispositions or dangerous habits,
including vicious dogs. For purposes of this chapter vicious dogs are defined as any dog
which, when unprovoked, in a vicious or terrorizing manner approaches in apparent attitude
of attack, or bites, inflicts injury, assaults or otherwise attacks a human being upon the
streets, sidewalks or any public grounds or places within the city, or any dog which, on
private property when unprovoked, in a vicious or terrifying manner approaches an apparent
attitude of attack, or bites, or inflicts injury, or otherwise attacks a mailman, meter
reader, service man, journey man, delivery man, or other employed person who is on private
property by reason of permission of the owner or occupant of such property or who is on
private property by reason of course of dealing with the owner of such private property.
B. The penalty for violation of this section shall be a fine of up to two
hundred dollars ($200.00) and/or thirty (30) days in jail. Further, the possession or
keeping of any animal prohibited by this section is also declared to be a public nuisance
and may be abated by notifying in writing the owner of or possessor of such dog to confine
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 immediately,
and without impounding such animal.
(Ord. 480 (part), 2006)
6.08.060 Impoundment.
Any dog, cat or other creature licensed or unlicensed, found running at large will be
impounded. The city will notify the owner of such animal if properly tagged with
identification and collar that such animal has been impounded and the person may retrieve
the impounded animal by paying all costs of impound. No animal shall be released from
impound unless or until proof of vaccination as required under this chapter is provided. Any
city employee shall be allowed to impound such animal.
(Ord. 480 (part), 2006)
6.08.070 Redemption of animal from shelter.
When the owner or claimant of any creature impounded shall desire to redeem any creature at
the city animal control shelter, such creature may be released upon the payment to the
person in charge of such city animal control shelter the sum of twenty-five dollars ($25.00)
for the first time such creature is impounded, the sum of thirty-dollars ($30.00) the second
time the same creature is impounded, and the sum of thirty-five dollars ($35.00) for all
subsequent times such creature is impounded, plus the cost of keeping such creature at the
rate of ten dollars ($10.00) per day.
(Ord. 480 (part), 2006)
6.08.080 Sale of impounded animals.
Before destroying any creature impounded under the provisions of this chapter, the city
shall attempt to sell any unclaimed dog or cat at a private sale to any person who is
willing to pay a sum sufficient to reimburse the city for all expenses of keeping such
creature and the fees provided in this chapter.
(Ord. 480 (part), 2006)
6.08.090 Destruction of unclaimed animals.
At the expiration of seventy-two (72) hours from the date of impounding, a creature, if the
owner or claimant thereof shall fail or refuse to comply with the provision of this chapter
for the release of such creature, the city shall euthanize such creature and cause it to be
removed and properly buried or otherwise disposed of in a sanitary manner. If the creature
has been properly licensed with the city and the animal is wearing a collar with the proper
identification on it, a good faith effort will be made to contact the owner of the animal
before the provisions of this section will take effect.
(Ord. 480 (part), 2006)
6.08.100 Quarantine.
The owner of any animal which has contracted rabies, or which has been subjected to the
same, or which is suspected of having rabies, or which shall have bitten any person, shall,
upon the demand of the police department or the health department, produce and surrender the
animal to the department to be held in quarantine for observation for a period of not less
than ten (10) days. If examination of any animal shall prove it to be infected with any
rabies, such animal shall be disposed of as directed by an officer of such department or
licensed veterinarian. The owner of any animal so quarantined shall pay all costs and
expenses incurred by the city during the quarantine period for maintenance and examination
of such animal including veterinarian expenses.
(Ord. 480 (part), 2006)
6.08.110 Removal of excrement.
It is unlawful for any person who possesses, harbors, or is in charge of any dog or cat, not
to immediately remove excrement deposited by such dog or cat, upon a common thoroughfare,
street, sidewalk, play area, park, or upon any other public property, or upon any private
property when permission of the owner or tenant of such property has not been obtained, and
such is declared to be a public nuisance and prohibited.
(Ord. 480 (part), 2006)
Title 7
(RESERVED)
Title 8
HEALTH AND SAFETY
Chapters:
8.04 Garbage
8.12 Public Nuisances
8.16 Weeds
8.20 Fireworks
Chapter 8.04
GARBAGE
Sections:
8.04.010 Definitions.
8.04.020 Refuse removal.
8.04.030 Refuse containers.
8.04.040 Accumulation of refuse prohibited.
8.04.050 Burying of refuse.
8.04.060 Collection.
8.04.070 Hours of collection.
8.04.080 Collection vehicles.
8.04.090 Burning.
8.04.100 Exceptions.
8.04.110 Restricted use site operation.
8.04.120 Restricted use site fine schedule.
8.04.010 Definitions.
Terms used in this chapter, unless the context otherwise plainly requires, shall mean:
"Garbage" means and includes, but is not restricted to, every accumulation of animal,
vegetable, or other mineral:
1. Resulting from the preparation and consumption of edible food stuffs;
2. Resulting from decay, dealing in, or storage of meats, fish, fowl, fruits,
or vegetables, including the cans, containers, or wrappers or waste along with such
materials;
3. Such industrial, domestic, and organic solid waste or residue of animals
sold for meat;
4. Fruit, vegetable, and animal matter from kitchens, dining rooms, markets,
fruit establishments, or any other place using, dealing in, or handling meats, fish, fowl,
fruits, vegetables or grains; or
5. Offal, animal excreta, or the carcasses of animals, fish or fowl.
"Hazardous and toxic wastes" mean the garbage, rubbish, rubble and refuse that requires
special handling to avoid damage to property or illness or injury to persons or animals.
"Incineration" means the processing and burning of garbage, rubbish, rubble, and refuse for
the purpose of volume and weight reduction and all facilities designed and used for such
purpose.
"Occupant" means the person who has the use of, or occupies, any building, whether residence
or commercial, or a part or portion of such building, whether the actual owner, tenant, or
subtenant. In the case of vacant buildings, residence or commercial, or any vacant portion
of the buildings, the owner, agent, or other person having custody of such building shall
have the responsibility of an occupant of such building.
"Open burning" means uncontrolled burning of waste in the open, in open containers, or in an
open dump.
"Owner" means the actual owner of the property, building, or site, or the agent of the owner
in charge of such building, property, or site, or the person to whom any rental upon such
building, property, or site is paid. In the case of property being leased under agreement
which holds the lessee responsible for maintenance and repair, the lessee shall be, in such
cases, considered as the owner.
"Refuse" means garbage, rubbish, and rubble, incinerator ash, incinerator residues, street
cleanings, market and industrial solid waste, and sewage waste in dry or semi-dry form.
"Residential occupant" means and includes a dwelling house and a place of human habitation
and shall be any household established in a building whether or not it is a single-family
dwelling.
"Rubbish" means and includes, but is not restricted to, all nonputrescible waste or debris
such as paper, cardboard, grass, tree or shrub trimmings, rugs, straw, clothing, wood, wood
products, crockery, glass, rubber, metal, plastic, construction waste and debris, tin cans,
bedding, or litter of any kind.
"Rubble" means stone, brick, rock or similar organic material.
"Solid waste hauler" means any person, firm, or corporation who collects garbage, rubbish,
rubble, and refuse within the geographical limits of the municipality or from a central
collection point and transports such to a disposal site.
"Truck" means any truck, trailer, semi-trailer, conveyance, or other vehicle which has been
designed and manufactured specifically for the purpose of collecting garbage, rubbish,
rubble, and refuse, or to haul or transport garbage, rubbish, rubble, and refuse upon public
highways or thoroughfares.
(Ord. 364 § 1 (part), 1993: Ord. 340 § 1 (part), 1988: prior code § 8-3-1)
8.04.020 Refuse removal.
A. All garbage, rubbish, rubble, and refuse created, produced, or accumulated
in or about a dwelling house or place of human habitation in the city limits of the city
shall be removed from the premises at least once each week. The city may require a greater
number of collections per week.
B. The city shall contract for lowest responsible bid to a solid waste hauler
for a period of one to three years. The city shall bill all residents on their monthly
utility statements. No billing will be done by the private hauler for residential service.
Commercial establishments shall contract privately for the removal of garbage, rubbish,
rubble, and refuse from their premises in compliance with the terms of this chapter.
C. The rate to be charged to the residential occupant for garbage, rubbish,
rubble, and refuse collection shall be as established by the city council and on file in the
office of the finance officer.
D. As per state law (SDCL 34A-6-29), garbage, rubbish, rubble, and refuse fees
take precedence over all other utility charges.
(Ord. 452 § 1 (part), 2003: Ord. 364 § 1 (part), 1993: Ord. 340 § 1 (part), 1988: prior code
§ 8-3-2)
8.04.030 Refuse containers.
Every owner, lessee, or occupant of any private dwelling house and every keeper of a hotel,
restaurant, eating house, boarding house, or other building where meals are furnished and
every other person having garbage, rubbish, rubble, and refuse in the city shall provide,
and at all times, keep within such building or conveniently located near such building,
suitable and sufficient watertight cans, each capable of holding garbage, rubbish, rubble,
and refuse, or a suitable container approved by the city and deposit in such container, and
not elsewhere, all garbage, rubbish, rubble, and refuse accumulating on such premises. The
containers shall be equipped with suitable bails or handles and shall have tightly fitted
covers and shall not leak, nor permit the escape of odors. The weight of the garbage,
rubbish, rubble, and refuse container and its content shall not exceed seventy-five (75)
pounds. Such containers shall be so located on the premises as to be readily accessible to
the garbage, rubbish, rubble, and refuse collector who is required to render pickup service;
containers shall be made accessible to the collection service. Rubbish may also be disposed
of in such containers provided the containers may be easily lifted, emptied, or hauled away,
and they do not exceed the weight limit established in this section.
(Ord. 452 § 1 (part), 2003: Ord. 364 § 1 (part), 1993: Ord. 340 § 1 (part), 1988: prior code
§ 8-3-3)
8.04.040 Accumulation of refuse prohibited.
No person, owner, agent, or occupant of any premises in the city, whether vacant or
improved, shall allow any accumulation of garbage, rubbish, rubble, and refuse to remain
thereon for longer than two weeks if such garbage, rubbish, rubble, and refuse is within
four hundred (400) feet of any dwelling house of commercial building, nor for more than four
weeks if beyond such distance, nor for any period of time if such accumulation is found by
the city to constitute a public or private nuisance.
(Ord. 364 § 1 (part), 1993: Ord. 340 § 1 (part), 1988: prior code § 8-3-4)
8.04.050 Burying of refuse.
No person, owner, agent, or occupant of any premises in the city shall keep, place, or
deposit garbage, rubbish, rubble, or refuse at any public or private grounds or premises,
except in containers or receptacles for collection upon premises owned, occupied, or under
possession or control of such person, provided, however, that lawn and garden trimmings may
be composted, and that the city may designate certain areas, locations, or containers for
the deposit of garbage, rubbish, rubble, and refuse.
(Ord. 364 § 1 (part), 1993: Ord. 340 § 1 (part), 1988: prior code § 8-3-5)
8.04.060 Collection.
Except for special haul service, no garbage, rubbish, rubble, and refuse will be collected
unless in standard containers or in securely tied bundles as defined in this chapter. A
bundle is a package containing rubbish only, not exceeding four feet in its longest
dimensions, securely tied with a cord or rope of sufficient strength to permit lifting and
carrying of the full weight without spillage or leakage, which bundle shall be placed for
collection immediately adjacent to the standard container.
(Ord. 364 § 1 (part), 1993: Ord. 340 § 1 (part), 1988: prior code § 8-3-6)
8.04.070 Hours of collection.
A solid waste hauler shall not collect garbage, rubbish, rubble, and refuse between the
hours of seven p.m. one day and eight a.m. the next day.
(Ord. 452 § 1 (part), 2003: Ord. 364 § 1 (part), 1993: Ord. 340 § 1 (part), 1988: prior code
§ 8-3-7)
8.04.080 Collection vehicles.
A. All trucks collecting or transporting rubbish or mixed garbage and rubbish
along or on a public highway shall be covered. The coverage shall be a clean tarpaulin
securely tied down over the entire load, or such other cover as will prevent spilling. All
trucks collecting or transporting rubbish mixed with garbage shall be of watertight
construction.
B. Trucks transporting, but not collecting garbage unmixed with rubbish shall
be equipped with watertight metal tanks and shall be covered by a suitable metal cover or
covered by other satisfactory and acceptable methods approved by the city. All persons
transporting garbage shall clean and disinfect all equipment so used at least once weekly or
as often as needed.
C. Trucks collecting garbage from residential occupants shall not exceed the
maximum capacity of twenty-six (26) yards. Trucks which provide garbage collection service
to commercial establishments shall not exceed a maximum capacity of twenty-six (26) yards.
All such trucks will have a watertight metal tank and shall be covered so that not more than
one-half of any truck can be uncovered at any one time. The cover shall be fully closed
while the truck is traveling between place of collection and place of transfer disposal. At
all times, the truck shall obey all weight limits imposed on them by state law while driving
on city streets, including any seasonal load limits. All persons collecting garbage shall
clean and disinfect all equipment as often as needed to prevent health hazards.
(Ord. 364 § 1 (part), 1993: Ord. 340 § 1 (part), 1988: prior code § 8-3-8)
8.04.090 Burning.
There shall be no open burning of garbage, rubbish, rubble, and refuse within the city
limits. This section shall not apply to incinerators or fireplaces located within a building
or to actions of the fire department in firefighting practice.
(Ord. 364 § 1 (part), 1993: Ord. 340 § 1 (part), 1988: prior code § 8-3-9)
8.04.100 Exceptions.
Garbage fees will be waived for any owner, lessee, or occupant of any private dwelling house
or apartment, that will be vacant for sixty (60) days or more, provided City Hall is
notified before vacating and upon return to such dwelling.
(Ord. 364 § 1 (part), 1993: Ord. 340 § 1 (part), 1988: prior code § 8-3-10)
8.04.110 Restricted use site operation.
The city may maintain and operate a restricted use site at its discretion. The city may set
limitations of what type of materials may be deposited at the restricted use site. The city
council may set hours of operation of the restricted use site and any resident may deposit
authorized materials during the regular hours.
(As added by ordinance dated 6/13/05)
8.04.120 Restricted use site fine schedule.
Anyone depositing materials at the restricted use site during nonbusiness hours or
depositing unauthorized materials at the restricted use site shall be subject to a fine not
to exceed two hundred dollars ($200.00) and/or thirty (30) days in jail.
(As added by ordinance dated 6/13/05)
Chapter 8.12
PUBLIC NUISANCES
Sections:
8.12.010 Definitions.
8.12.020 Maintenance of premises and buildings.
8.12.030 Sanitation of premises and buildings.
8.12.040 Enforcement.
8.12.050 Right of entry.
8.12.060 Issuance of notice to abate.
8.12.070 Right to appeal.
8.12.080 Failure to abate.
8.12.090 Abatement by state law.
8.12.100 Notice of equalization of assessment.
8.12.110 Appeal of equalization of assessment.
8.12.120 Cost assessed.
8.12.130 Penalty.
8.12.010 Definitions.
For this chapter, the following terms have the following meanings:
"Building" means any structure designed or intended for the support, enclosure, shelter, or
protection of persons or property.
"Building official" means the city official authorized by the legislative body of this
jurisdiction with the enforcement of this chapter.
"Premises" means a lot or parcel of land, improved or unimproved, parking area thereon,
walkways, and sidewalks.
"Sidewalk" means a strip of property lying in front of and between the curb line and
property line of the adjoining or abutting lot, piece, or parcel of land within the city.
(Ord. 335 § 1 (part), 1988; prior code § 10-4-1)
8.12.020 Maintenance of premises and buildings.
It is unlawful for any person owning, leasing, occupying, or having charge or possession of
any buildings or premises in the city to keep or maintain such buildings or premises in a
manner which is at variance with and inferior to the level or maintenance of surrounding
properties. The following condition or conditions constitute such a variance and are
declared a public nuisance:
A. Buildings which are abandoned, boarded up, partially destroyed, or partially
constructed and uncompleted subsequent to the expiration of building permit;
B. Buildings with deteriorating or peeling paint that allows the exterior
building coverings to deteriorate or to permit the effects of sun and water penetration so
as to encourage decay, dry rot, warping, and cracking;
C. Buildings with broken windows, doors, attic vents, and under floor vents;
D. Overgrown vegetation which is unsightly and/or likely to harbor rats or
vermin;
E. Dead, decayed, or diseased trees, weeds, and other vegetation;
F. Trash, garbage, or refuse cans, bins, boxes, bags, or other such containers
permanently stored in front yards visible from public streets;
G. Lumber, junk, trash, tires, debris, or salvage materials maintained upon any
premises which are visible from a public street, alley, or adjoining property;
H. Abandoned, discarded, or unused furniture, stoves, sinks, toilets, cabinets,
or other household fixtures or equipment stored so as to be visible at ground level from a
public alley, street, or adjoining premises;
I. Premises having a topography, geology, or configuration which as a result of
grading operations or improvements to the land causes erosion, subsidence, unstable soil
conditions, or surface or subsurface drainage problems as to pose a threat to or be
injurious to adjacent premises;
J. Abandoned, wrecked, dismantled, or inoperative trailers, campers, boats, and
other motor vehicles which are accumulated or stored in yard areas;
K. Building exteriors, walls, fences, driveways, or walkways which are cracked,
broken, defective, or deteriorated, in disrepair, or defaced;
L. Any like or similar condition or conditions.
(Ord. 335 § 1 (part), 1988; prior code § 10-4-2)
8.12.030 Sanitation of premises and buildings.
It is unlawful to permit by act or omission the following specific acts, conditions, and
things which are declared to be public nuisances:
A. Failing, refusing or neglecting to keep the sidewalk in front of a house,
place of business, or premises in a clean and safe condition;
B. Maintaining upon such premises any unsightly, partly complete, or partly
destroyed buildings, structures, or improvements in the city which may endanger or injure
neighboring properties or the public health, safety and general welfare;
C. Maintaining upon such premises or upon the sidewalk abutting or adjoining
such lot, parcel, tract, or piece of land, loose earth, mound of soil, fill material,
asphalt, concrete, rubber, or waste material of any kind (all such materials shall hereafter
be referred to as waste materials), except for waste materials used for construction or
landscaping upon premises, in which case it shall be the duty of the owner, lessee,
occupant, or persons in possession of premises wherein the waste materials exist, to
maintain weed control during construction and to level or remove waste materials after
construction is completed, or in any event, within eight months from the time of placement
of waste materials upon premises;
D. For sites where filling, grading, or excavation activities have or will span
more than one year, it shall be the duty of the owner, lessee, occupant, or person in
possession of such premises to level or remove the waste materials from such premises at
least once each year during the months of either June, July, or August. for the purpose of
maintaining weed and rodent control.
(Ord. 335 § 1 (part), 1988; prior code § 10-4-3)
8.12.040 Enforcement.
The building official is authorized and directed to administer and enforce all of the
provisions of this chapter.
(Ord. 335 § 1 (part), 1988; prior code § 10-4-4)
8.12.050 Right of entry.
A. Whenever necessary to make an inspection to enforce any of the provisions of
this chapter, or whenever the building official or his or her authorized representative has
reasonable cause to believe that there exists in any building or upon any premises, any
condition which is prohibited under this chapter. The building official or his or her
authorized representative may enter such building or premises at all reasonable times to
inspect the building or premises or to perform any duty imposed upon the building official
by this chapter. If such building or premises is occupied, he or she shall first present
proper credentials and demand entry. If such building or premises be unoccupied, he or she
shall first make a reasonable effort to locate the owner or other persons having charge or
control of the building or premises and demand entry. If such entry is refused, the building
official or his or her authorized representative shall have recourse of every remedy
provided by law to secure entry.
B. No owner or occupant or any other person having charge or care of any
building or premises shall fail or neglect, after proper demand made as provided in this
section, to properly permit entry to such building or premises by the building official or
his or her authorized representative for purpose of inspection and examination pursuant to
this chapter.
(Ord. 335 § 1 (part), 1988; prior code § 10-4-5)
8.12.060 Issuance of notice to abate.
Whenever the building official is notified that any condition or conditions prohibited in
this chapter exist on any premises located within the city, the building official shall
give, cause to be given, notice to abate the unlawful condition or conditions existing on
the premises. Such notice shall be in writing to the person creating, permitting, or
maintaining such nuisance, to abate the nuisance within a reasonable time as provided in
such notice as follows:
A. If the building official has determined that the building or structure must
be repaired, the order shall require that all required permits be secured therefor and the
work physically commenced within such time not to exceed sixty (60) days from the date of
the order and completed within such time as the building official shall determine is
reasonable under all of the circumstances.
B. If the building official has determined that the building or structure must
be vacated, the order shall require that the building or structure shall be vacated within a
certain time from the date of the order as determined by the building official to be
reasonable.
C. If the building official has determined that the building or structure must
be demolished, the order shall require that the building be vacated within such time as the
building official shall determine reasonable (not to exceed sixty (60) days from the date of
the order). The order shall also require that all necessary permits be secured therefor
within the sixty (60) days from the date of the order, and that the demolition be completed
within such time as the building official shall determine reasonable.
(Ord. 335 § 1 (part), 1988; prior code § 10-4-6)
8.12.070 Right to appeal.
The owner or any person affected shall have the right to appeal to the city council for
investigation and review of the building official's determination. Such appeal shall be in
writing, shall state the objections of the person filing the appeal, shall be filed with the
finance officer within ten (10) days after the date of posting, publishing, serving or
mailing of notice to abate, and shall be presented to the city council by the finance
officer at its next regular meeting. The city council shall determine by resolution whether
the building official shall proceed in accordance with the abatement notice, or as modified
by the council, or not at all, and its decision thereon shall be final and conclusive.
(Ord. 335 § 1 (part), 1988; prior code § 10-4-7)
8.12.080 Failure to abate.
A. In the event a person shall fail to abate any nuisance created, permitted,
or maintained by him or her following written notice to him or her to do so, the building
official shall cause such nuisance to be abated.
B. The building official shall prepare a statement of the expense incurred in
the razing, demolishing, removing, reconstruction, or other affirmative act necessary to
abate the unlawful condition and shall file such statement with the finance officer. Such
statement shall refer to the particular premises including any improvements, structures, or
buildings on such premises, upon which the actions taken to abate the unlawful condition
occurred. With regard to the premises or each piece of property referred to in such
statement, the statement shall show the number of the lot and block and the name of the
addition or subdivision in which the lot lies or upon which the structures, improvements, or
buildings were located at the time that the actions to abate the unlawful conditions were
taken or shall describe such premises in any other way that they may be easily identified.
(Ord. 335 § 1 (part), 1988; prior code § 10-4-8)
8.12.090 Abatement by state law.
In addition to the method of abatement of nuisances provided in this chapter, the city may
abate any nuisance found within the city in the manner provided by state law.
(Ord. 335 § 1 (part), 1988; prior code § 10-4-9)
8.12.100 Notice of equalization of assessment.
Within ten (10) days after the filing of the statement referred to in Section 8.12.080 of
this chapter, the finance officer shall cause to be served upon the owner, agent of the
owner, lessee, occupant, or person in possession of the parcel of land described in the
statement and in the notice personally or by mail and addressed to his or her last known
address or to General Delivery, Britton, South Dakota, if such address is unknown.
(Ord. 335 § 1 (part), 1988; prior code § 10-4-10)
8.12.110 Appeal of equalization of assessment.
The owner or any person affected shall have the right to appeal to the city council
concerning the proposed assessment. Such appeal shall be made in writing, shall state the
objections of the person filing the appeal, and shall be filed with the finance officer
within ten (10) days after the notice. Such objections shall be presented to the city
council by the finance officer at their next regular meeting. The city shall determine by
resolution the assessment and shall proceed to place a lien against the property until the
assessment is paid.
(Ord. 335 § 1 (part), 1988; prior code § 10-4-11)
8.12.120 Cost assessed.
The municipal finance officer shall cause an account to be kept against each lot for which
such material has been removed and shall thereupon certify such account showing the amount,
the description of the property, and the owner of such property to the county auditor who
shall thereupon add such assessment to the county or general assessment against such
property and shall certify such special assessment together with the regular assessment to
be collected as municipal taxes for general purposes.
(Ord. 335 § 1 (part), 1988; prior code § 10-4-12)
8.12.130 Penalty.
Any person violating any of the provisions of this chapter shall be deemed guilty of a
misdemeanor and shall be fined in accordance with Britton City Ordinance Section 1.16.010.
(As amended by ordinance dated 7/25/05: Ord. 335 § 1 (part), 1988: prior code § 10-4-13)
Chapter 8.16
WEEDS
Sections:
8.16.010 Definition of noxious weeds.
8.16.020 Weeds prohibited.
8.16.030 Notice to destroy weeds.
8.16.040 Action upon noncompliance with order.
8.16.050 Penalty.
8.16.010 Definition of noxious weeds.
"Noxious weeds" means all rank vegetable growth of every kind and nature, including but not
limited to dandelions and all weeds known as Canada Thistle, Scotch Bull Thistle, Russian
Thistle, Sow Thistle, Quack Grass, Leafy Spurge (Euphorbia Esula or Euhporbia Virgate),
Field Bindweed, Russian Knapweed, (Centaura Picris), Hoary Cress, (Lapidium Draba, Lapidium
Repens, and Humenophysa Pubesens), Dodder or any similar unwanted vegetable over eight
inches in height.
(Prior code § 8-4-1)
8.16.020 Weeds prohibited.
No owner or owners of any lot, place or area within the municipality, or agent of such owner
or owners shall permit noxious weeds on such lot, place, or area and one-half of any road or
street lying next to such property abutting thereon. The existence of such noxious weeds
shall constitute a public nuisance.
(Prior code § 8-4-2)
8.16.030 Notice to destroy weeds.
A. Whenever noxious weeds are found upon any premises within the municipality,
the municipality shall notify the owner of the property or, if no such person can be found,
the person in control of the premises.
B. The notice shall state that the existence of such noxious weeds constitutes
a public nuisance, and shall order the owners, or persons in charge, to exterminate or
remove all such weeds on any lot, place or area within the municipal limits, and upon
one-half of any adjacent street or road. The notice shall further inform such property
owners, or their agents, that upon their failure to remove or exterminate such weeds within
a specified time, the municipality may proceed to have such weeds removed or exterminated
and assess the cost of such removal or extermination thereof to the property involved.
C. Personal notice of the order shall be served. In case personal service
cannot be obtained, then the notice shall be published in a prominently displayed
advertisement, once a week for two weeks in a newspaper in the municipality, or if no such
paper exists, in a newspaper within the county. The last date of the publication shall not
be less than seven days prior to the date upon which the municipality shall commence the
removal of weeds from such property.
(Prior code § 8-4-3)
8.16.040 Action upon noncompliance with order.
Upon failure, neglect, or refusal of any owner or owners, or agent of such owner or owners,
to exterminate or remove noxious weeds growing, lying, or located upon the property of the
owner or upon one-half of any road or street lying next to the lands before the date
specified in the notice, the engineer or other responsible municipal official may
exterminate or remove such noxious weeds. Such official shall report to the municipal
finance officer the cost of such extermination. The finance officer shall make an additional
charge of ten (10) percent to cover administrative costs. The total costs shall be assessed
against the lot or parcel of land from which or adjoining which the noxious weeds have been
exterminated or removed. The finance officer shall cause the costs to become a lien against
the property involved.
(Prior code § 8-4-4)
8.16.050 Penalty.
In addition to the costs for extermination of noxious weeds to be assessed against the
property owner as described in Section 8.16.040, a penalty of twenty-five dollars ($25.00)
shall be applied.
(Prior code § 8-4-5)
Chapter 8.20
FIREWORKS
Sections:
8.20.010 Selling, possessing or discharging.
8.20.010 Selling, possessing or discharging.
A. No individual shall use, discharge or cause to be discharged any fireworks
(as defined in the International Fire Code, as adopted in this article) of any description
whatsoever, within the corporate limits of the city or in any public ground or park
belonging to the city.
B. No individual, firm, partnership or corporation shall sell at retail or
possess for sale at retail any fireworks of any description whatsoever within the corporate
limits of the city.
C. Nothing in this chapter shall prohibit the use of a public display of
fireworks, provided that any individual, firm, partnership or corporation, prior to making
such public display of fireworks, shall first secure a written permit so to do from the
commission.
(Ord. 461, 2005)
Title 9
PUBLIC PEACE AND WELFARE
Chapters:
9.04 Offenses By or Against Public Officers and Government
9.08 Offenses Against Public Peace and Decency
9.12 Offenses By or Against Minors
9.16 Weapons
9.20 Miscellaneous Offenses
Chapter 9.04
OFFENSES BY OR AGAINST PUBLIC OFFICERS AND GOVERNMENT
Sections:
9.04.010 Impersonating an officer.
9.04.010 Impersonating an officer.
No person not duly authorized shall exercise the duties conferred by law upon a police
officer, wear a police officer's badge or represent himself or herself as being a police
officer or peace officer, or attempt to exercise the duties of a police officer or peace
officer.
(Prior code § 10-1-4)
Chapter 9.08
OFFENSES AGAINST PUBLIC PEACE AND DECENCY
Sections:
9.08.010 Disorderly conduct.
9.08.020 Disturbing the peace.
9.08.030 Indecency.
9.08.040 Obscene written and printed matter.
9.08.050 False emergency alarms prohibited.
9.08.060 Gathering on streets limited.
9.08.070 Crowds obstructing streets.
9.08.080 Hindering or molesting passerby.
9.08.010 Disorderly conduct.
A person shall be guilty of disorderly conduct if, with a purpose to cause public danger,
alarm, disorder or nuisance, he or she wilfully:
A. Creates a disturbance of the public order by an act of violence or by an act
likely to produce violence; or
B. Engages in fighting or in violent, threatening or tumultuous behavior; or
C. Makes any unreasonably loud noise; or
D. Addresses abusive language or threats to any person present which creates a
clear and present danger of violence; or
E. Causes likelihood of harm or serious inconvenience by failing to obey a
lawful order of dispersal by a police officer, where three or more persons are committing
acts of disorderly conduct in the immediate vicinity; or
F. Damages, befouls or disturbs public property or property of another so as to
create a hazardous, unhealthy or physically offensive condition; or
G. Commits a trespass on property of another or on public property. Trespass
for the purpose of this section means:
1. Entering upon, or refusing to leave, any property of another, either where
such property has been posted with "No trespassing" signs, or where immediately prior to
such entry, or subsequent to such entry, notice is given by the owner or occupant, orally or
in writing, that such entry, or continued presence, is prohibited, or
2. Entering upon, or refusing to leave, any public property in violation of
regulations promulgated by the official charged with the security, care or maintenance of
the property and approved by the governing body of the public agency owning the property,
which such regulations have been conspicuously posted or where immediately prior to such
entry, or subsequent to such entry, such regulations are made known by the official charged
with the security, care or maintenance of the property, his or her agent or a police
officer.
H. Makes a telephone call with intent to annoy another, whether or not
conversation ensues; or
I. Hinders, annoys or molests persons passing along any street, sidewalk,
crosswalk or other public way, or loiters, sits or stands around the entrance of any church,
theater, public building or other place of public assemblage in any manner so as to
unreasonably obstruct such entrance, or places or erects upon any public way an obstruction
of any type except temporary barriers or warning signs placed for the purpose of
safeguarding the public against any hazard; or
J. Assembles together with two or more persons with intent to do any unlawful
act with force or violence against the person or property of another, and who makes any
overt act to carry out such unlawful purpose; or
K. Disturbs, threatens or in any insolent manner intentionally touches any
house or vehicle occupied by any person.
(Ord. 434 § 10-1-1, 2001; prior code § 10-1-1)
9.08.020 Disturbing the peace.
No person shall disturb the peace of the city or of any person by violent, tumultuous, or
offensive conduct, or by loud or unusual noises or by profane, obscene, indecent, violent or
threatening language, or by assaulting, striking, or attempting to assault or strike another
person, or inviting or defying another person to fight or quarrel, or by wilfully and
maliciously destroying or attempting to destroy or injure any property belonging to another,
or by engaging in a fight with another.
(Prior code § 10-1-2)
9.08.030 Indecency.
A. No person shall appear in any public place in a state of nudity, in indecent
dress or in dress intended to deceive others as to his or her sex, nor make any indecent
exposure of his or her person.
B. No person shall sell, distribute, give away, or exhibit to public view any
indecent or lewd books or obscene magazine, post cards, printed or written matter, article,
things, picture, drawing, or representation.
C. No person shall exhibit, show, or perform any indecent, immoral, or lewd
show, act, play, motion picture, or other representation in any theater or place of public
resort.
(Prior code § 10-1-5)
9.08.040 Obscene written and printed matter.
No person shall exhibit, publish, pass, sell, or offer for sale, or have in his or her
possession with such intent, any obscene materials. Obscene materials is defined as:
A. Material which the dominant theme of which, taken as a whole, appeals to the
prurient interest; and
B. Which is patently offensive because it affronts contemporary community
standards relating to the description or representation of sadomasochistic abuse or sexual
contact; and
C. Lacks serious literary, artistic, political or scientific value.
(Ord. 434 § 10-1-6, 2001; prior code § 10-1-6)
9.08.050 False emergency alarms prohibited.
No person shall knowingly make or give any false alarm of fire or other emergency, by
calling or causing to be called the fire department, the police officers, of any authorized
emergency vehicle.
(Prior code § 10-1-7)
9.08.060 Gathering on streets limited.
No person shall call or cause the gathering of any crowd of people or address or exhibit any
show or performance to such crowd, in any alley, street, or other public ground of the city,
without written permission of the city council.
(Prior code § 10-3-1)
9.08.070 Crowds obstructing streets.
It is unlawful for persons to gather in crowds or groups or for any person to stand on any
public street or sidewalk in such a manner as to obstruct free passage on such sidewalk, or
to annoy other persons passing along the sidewalk, and any police officer is authorized to
disperse any crowd or group or to cause the removal of any person violating the provisions
of this section and to summarily arrest any person in case of refusal to obey any reasonable
direction given by such officer for the purpose of clearing the way or preventing annoyance
to any passerby on any public street or sidewalk.
(Prior code § 10-3-2)
9.08.080 Hindering or molesting passerby.
No person shall upon any street or at the entrance of any building on any such street, alley
or sidewalk, wrongfully hinder, impede, or molest any passerby, or use any rude, obscene,
vulgar, indecent or threatening language to any passerby, or by any indecent act, gesture,
or noise molest, annoy, or insult or put in fear any person passing or attempting to pass on
such street, alley, or sidewalk or through the entrance of such building.
(Prior code § 10-3-3)
Chapter 9.12
OFFENSES BY OR AGAINST MINORS
Sections:
9.12.010 Minors--Loitering prohibited.
9.12.020 Minors--Responsibility of parents.
9.12.030 Responsibility of others.
9.12.040 Penalty.
9.12.010 Minors--Loitering prohibited.
A. It is unlawful for any person under the age of seventeen (17) years to
loiter, idle, wander, stroll or play, ride or be in any motor vehicle in or upon the public
streets, highways, roads, alleys, parks, public buildings, places of amusement and
entertainment, vacant lots, or other unsupervised places, or to be or remain in any dance
hall, restaurant, cafe, theater, or other public place between the hours of twelve midnight
and five a.m. of the following day, official city time, on Fridays and Saturdays, and
ten-thirty p.m. and five a.m. on all other days of the week.
B. Provided, however, that the provisions of this section do not apply to a
minor accompanied by his or her parents, guardian, or other adult person having the care and
custody of the minor, or where the minor is upon any emergency errand or legitimate
business, directed by his or her parents or guardian or other adult person having the care
or custody of the minor; and provided further, that this section does not in any way apply
to any minor after he or she shall have reached his or her seventeenth birthday.
(Prior code § 10-5-1)
9.12.020 Minors--Responsibility of parents.
A. It is unlawful for the parent, guardian, or other adult person having the
care and custody of a minor under the age of seventeen (17) to knowingly permit such minor
to loiter, idle, wander, stroll or play, or ride or be in any motor vehicle upon the public
streets, highways, roads, alleys, playground, or other public grounds, public places, or
public buildings, places of amusement, vacant lots, or other unsupervised places, or to be
or remain in any dance hall, restaurant, cafe, theater, or other public place between the
hours of twelve midnight and five a.m. of the following day, official city time, on Fridays
and Saturdays, and ten-thirty p.m. and five a.m. on all other days of the week.
B. Provided, however, that the provisions of this section do not apply when the
minor is accompanied by his or her parent, guardian, or other adult person having the care
and custody of the minor, or when the minor is upon an emergency errand or legitimate
business directed by his or her parent, guardian or other adult person having the care and
custody of the minor.
(Prior code § 10-5-2)
9.12.030 Responsibility of others.
It is unlawful for any person, firm, or corporation operating places of amusement and
entertainment, restaurants, cafes, theaters, or other public places to permit minors to
enter or remain in such places of amusement and entertainment, restaurant, cafe, theater, or
other public place during the hours prohibited under this chapter; owner or operator of any
such vehicle to permit or allow any minor to be in or ride in such motor vehicle during the
hours prohibited by this chapter; provided, however, that the provisions of this section do
not apply when the minor is accompanied by his or her parent, guardian, or other adult
person having care and custody of the minor.
(Prior code § 10-5-3)
9.12.040 Penalty.
Any person or persons violating any of the provisions of this chapter shall be subject to
the fine as provided in the general penalty clause, Chapter 1.16 of this code.
(Prior code § 10-5-4)
Chapter 9.16
WEAPONS
Sections:
9.16.010 Discharge of firearms or air rifles.
9.16.010 Discharge of firearms or air rifles.
It is unlawful for any person except a public officer or specially appointed officer in the
discharge of his or her duty, to discharge or fire any gun, air rifle, sling shot, or other
dangerous weapon within the limits of the city.
(Prior code § 10-1-9)
Chapter 9.20
MISCELLANEOUS OFFENSES
Sections:
9.20.010 Displaying license unlawfully.
9.20.020 Certain advertising methods prohibited.
9.20.030 Goods on sidewalk.
9.20.010 Displaying license unlawfully.
No person shall carry or display any city license or permit which has been terminated or
revoked or which has not been lawfully procured and issued.
(Prior code § 10-1-8)
9.20.020 Certain advertising methods prohibited.
A. No person shall put up, erect, hang, post, or suffer to remain so placed,
any sign, poster, notice or other advertising matter, upon any telephone, telegraph or
electric pole in the city.
B. No person shall paint, print, write, post, or in any manner place upon
sidewalk, pavement, or crosswalk in the city, any letters, words, figures, signs, pictures,
notices, or advertisement of any kind.
(Prior code § 10-3-4)
9.20.030 Goods on sidewalk.
No person shall place any goods or merchandise for sale or exhibition upon any sidewalk.
Except that for the purpose of loading or unloading, such articles may be placed upon the
outer side of the sidewalk for such time as may be necessary to load or unload the goods or
merchandise, but in no instance shall any such articles be left upon the sidewalk in the
nighttime or in such a way as to obstruct the sidewalk.
(Prior code § 10-3-5)
Title 10
VEHICLES AND TRAFFIC
Chapters:
10.04 General Provisions and Definitions
10.08 Rules of the Road
10.12 Speed
10.16 Stopping, Standing and Parking
10.20 Pedestrians
10.24 Bicycles, Motorcycles and Snowmobiles
10.28 Processions and Parades
10.32 Miscellaneous Restrictions
Chapter 10.04
GENERAL PROVISIONS AND DEFINITIONS
Sections:
10.04.010 Title--Application of code.
10.04.020 Definitions.
10.04.030 Obedience to traffic laws.
10.04.040 Control of traffic by police officers.
10.04.050 Obedience to police officers.
10.04.060 Public officers and employees.
10.04.070 Authorized emergency vehicle.
10.04.080 Animal-drawn vehicles.
10.04.090 Penalty.
10.04.010 Title--Application of code.
A. The provisions of this title and other traffic ordinances of the city shall
be designated as the Britton Traffic Code, and may be cited as such.
B. The sections of the traffic code are intended to be uniform with the Laws of
South Dakota regulating traffic. No provision of this title which is construed by a court of
law to be in conflict or at variance with those laws shall be enforceable, unless specific
authority is given by the laws for such conflict or variance.
(Prior code § 14-1-1)
10.04.020 Definitions.
The following words and phrases when used in this title shall have the meanings respectively
ascribed to them in this section.
A. Vehicles.
"Authorized emergency vehicle" means vehicles of the fire department, fire patrol, police
vehicles, and ambulances of the city or the county or the state.
"Bicycle" means every device propelled by human power upon which any person may ride, having
two tandem wheels either which is more than twenty (20) inches in diameter.
"Bus" means every motor vehicle designed for carrying more than ten (10) passengers and used
for the transportation of persons; and every motor vehicle, other than a taxicab, designed,
and used for the transportation of persons for compensation.
"Motorcycle" means every motor vehicle having a seat or saddle for the use of the rider and
designed to travel on not more than three wheels in contact with the ground, but excluding a
tractor.
"Motor-driven cycle" means every motorcycle, including every motor scooter, with a motor
which produces not to exceed five horsepower, and every bicycle with motor attached.
"Motor vehicle" means every vehicle which is self-propelled and every vehicle which is
propelled by electric power obtained from overhead trolley wires but not operated upon
rails.
"Pole trailer" means every vehicle without power designed to be drawn by another vehicle and
attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise
secured by some pole or structural member to the towing vehicle.
"School bus" means every motor vehicle owned by a public or governmental agency and operated
for the transportation of children to or from school or privately owned and operated for
compensation for the transportation of children to and from school.
"Semitrailer" means every vehicle with or without motive power, other than a pole trailer,
designed for carrying property and for being drawn by a motor vehicle and so constructed
that some part of its weight and that of its load rests upon or is carried by another
vehicle.
"Trailer" means every vehicle with or without motive power, other than a pole trailer,
designed for carrying property and for being drawn by a motor vehicle and so constructed
that no part of its weight rests upon the towing vehicle.
"Vehicle" means every devise, in, upon, or by which any person or property is or may be
transported or drawn upon a street or highway, except devises moved by human power or used
exclusively upon stationary rails or tracks.
B. Streets and Roadway Areas.
"Controlled access highway" means every highway, street, or roadway, in respect to which
owners or occupants of abutting lands and other persons have no legal right of access to or
from such highway, street or roadway except at such points only and such manner as may be
determined by the public authority having jurisdiction over such highway, street or roadway.
"Crosswalk" means:
a. That part of a roadway at an intersection included within the connections of
the highway measured from the curbs, or in the absence of curbs, from the edges if the
traversable roadway;
b. Any portion of a roadway at an intersection or elsewhere distinctly
indicated for pedestrians crossing by lines or other markings on the surface.
"Intersection" means:
a. The area embraced within the prolongation or connection of the lateral curb
lines, or, if none, then the lateral boundary lines of the roadways of two streets which
join one another at, or approximately at, right angles, or the area within which vehicles
traveling upon different highways joining at any other angle may come in conflict.
b. Where a street includes two roadways thirty (30) feet or more apart, then
every crossing of each roadway of such divided street by an intersecting street shall be
regarded as a separate intersection. In the event such intersecting street also includes two
roadways thirty (30) feet or more apart, then every crossing of two roadways of such streets
shall be regarded as a separate intersection.
"Laned roadway" means a roadway which is divided into two or more clearly marked lanes for
vehicular traffic.
"Private road or driveway" means every way or place in private ownership and used for
vehicular travel by the owner and those having express or implied permission from the owner,
but not by other persons.
"Roadway" means that portion of a street improved, designed, or ordinarily used for
vehicular travel, exclusive of the berm or shoulder. In the event a street includes two or
more separate roadways, the term "roadway" as used in this title shall refer to any such
roadway separately but not to all such roadways collectively.
"Safety zone" means the area or space officially set apart within the roadway for the
exclusive use of pedestrians and which is protected or is so marked or indicated by adequate
signs as to be plainly visible at all times while set apart as a safety zone.
"Sidewalk" means that portion of a street between the curb lines or the lateral lines of a
roadway, and the adjacent property lines, intended for the use of pedestrians.
"Street or highway" means the entire width between the boundary lines of every street,
highway, and related structure as have been, or shall be built and maintained with
appropriated funds of the United States and which have been, or shall be, built and
maintained with funds of the state of South Dakota, or the city of Britton, or which have
been or shall be dedicated to public use or have been acquired by eminent domain.
"Through street" means every street or portion of street at the entrances to which vehicular
traffic from intersecting streets is required by law to stop before entering or crossing
such through street and when stop signs are erected as provided in this traffic code.
C. Traffic Control Devices.
"Official traffic control devices" means all signs, signals, markings, and devices not
inconsistent with this traffic code or erected by authority of the city, the county or
state, for the purpose of regulating, warning, or guiding traffic.
"Railroad sign or signal" means any sign, signal, or device erected by authority of the
city, county, or state, or by a railroad and intended to give notice of the presence of
railroad tracks or the approach of a railroad train.
"Traffic control signal" means any device, whether manually, electrically, or mechanically
operated, by which traffic is alternately directed to stop and to proceed.
D. Miscellaneous.
"Business district" means the territory contiguous to and including a street when, within
six hundred (600) feet along such street, there are buildings in use for business or
industrial purposes, including but not limited to hotels, banks, or office buildings,
railroad stations, and public buildings which occupy at least three hundred (300) feet of
frontage on one side or three hundred (300) feet collectively on both sides of the street.
"Double parking" means the standing a vehicle upon a street alongside and parallel of
another vehicle which is parked at the curb.
"Driver" means every person who drives or is in actual physical control of a vehicle.
"Owner" means a person who holds the legal title of a vehicle or in the event a vehicle is
the subject of an agreement for the conditional sale or lease thereof with the right of
purchase upon performance of the conditions stated in the agreement and with an immediate
right of possession vested in the conditional vendee or lessee, or in the event a mortgagor
of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor
shall be deemed the owner for the purpose of this traffic code.
"Park," when prohibited, means the standing of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in loading or unloading.
"Pedestrian" means any person afoot.
"Police officer" means every officer authorized to direct or regulate traffic or to make
arrests for violations of traffic regulations.
"Residence district" means the territory contiguous to and including a highway not
comprising a business district when the property on such highway for a distance of three
hundred (300) feet or more is improved with residences or residences and buildings in use
for business.
"Right-of-way" means the privilege of the immediate use of the road.
"Stop," when required, means complete cessation from movement.
"Stop, stopping or standing," when prohibited, means any stopping or standing of a vehicle,
whether occupied or not, except when necessary to avoid conflict with other traffic or in
compliance with the directions of a police officer, highway patrol officer, or
traffic-control sign or signal.
"Traffic" means pedestrians, ridden, or herded animals, vehicles, streetcars, and other
conveyances either singly or together while using any highways for purposes of travel.
(Prior code § 14-1-2)
10.04.030 Obedience to traffic laws.
It is unlawful for any person to do any act forbidden or fail to perform any act required in
this title.
(Prior code § 14-1-3)
10.04.040 Control of traffic by police officers.
The sheriff and any deputies are authorized and empowered to direct, control, restrict, and
regulate, in the interest of public safety, health, and convenience, the movement of
pedestrians, vehicles, and traffic of every kind within the municipality, and may when
necessary to protect the safety or welfare of the inhabitants of the city, temporarily
divert or exclude all such traffic from any public highway within the city.
(Prior code § 14-1-4)
10.04.050 Obedience to police officers.
A. No person shall wilfully fail or refuse to comply with any lawful order or
direction of any police officer or sheriff pertaining to the use of the streets by traffic.
B. Drivers of vehicles must at all times comply with directions given by
whistle, voice, or hand by the police officers or sheriff.
(Prior code § 14-1-5)
10.04.060 Public officers and employees.
A. The provisions of this title applicable to the drivers of vehicles upon the
streets of the city shall apply to the drivers of all vehicles owned or operated by the
United States, this state, or any county, city, or town, district, or any other political
subdivision of the state, except as provided in this section and subject to such specific
exceptions as are set forth in this chapter with reference to authorized emergency vehicles.
B. Unless specifically made applicable, the provisions of this title, except
those contained in Chapter 10.24, shall not apply to persons, teams, motor vehicles and
other equipment while actually engaged in work upon the surface of a highway but shall apply
to such persons and vehicles when traveling to or from such work.
(Prior code § 14-1-6)
10.04.070 Authorized emergency vehicle.
A. The driver of an authorized emergency vehicle, when responding to an
emergency call or when in the pursuit of an actual or suspected violator of the law or when
responding to but not upon returning from a fire alarm, may exercise the privileges set
forth in this section, but subject to the conditions stated in this section.
B. The driver of an authorized emergency vehicle may:
1. Park or stand, irrespective of the provisions of this title;
2. Proceed past a red or stop signal or stop sign, but only after slowing down
as may be necessary for safe operation;
3. Exceed the speed limits so long as he or she does not endanger life or
property;
4. Disregard regulations governing direction of movement or turning in
specified directions.
C. The exceptions granted in subsection B of this section to an authorized
emergency vehicle shall apply only when such vehicle is making use of audible and visual
signals meeting the requirements of this section, except that an authorized emergency
vehicle operated as a police vehicle need not be equipped with or display a red light
visible from in front of the vehicle.
D. The foregoing provisions shall not relieve the driver of an authorized
emergency vehicle from the duty to drive with due regard for the safety of all persons, nor
shall such provisions protect the driver from the consequences of his or her reckless
disregard for the safety of others.
(Prior code § 14-1-7)
10.04.080 Animal-drawn vehicles.
Every person driving an animal-drawn vehicle upon a roadway shall be granted all of the
rights and shall be subject to all the duties applicable to the driver of a vehicle by this
title, except those provisions which, by their own nature, can have no application.
(Prior code § 14-1-8)
10.04.090 Penalty.
Any person violating a provision of this chapter for which another penalty has not been
provided for shall, upon conviction of such violation, be punished as set forth in Chapter
1.16.
(Prior code § 14-1-9)
Chapter 10.08
RULES OF THE ROAD
Sections:
10.08.010 Placement of traffic control devices.
10.08.020 Required obedience to traffic control devices.
10.08.030 Pedestrian control signals.
10.08.040 Display of unauthorized signs, signals or markings.
10.08.050 Interference with official traffic control devices, etc.
10.08.060 State statutes adopted by reference.
10.08.061 U-turns.
10.08.070 Penalty.
10.08.010 Placement of traffic control devices.
The sheriff, under the control of the city council, shall place and maintain traffic control
devices, conforming to the state highway specifications, upon all city streets as he or she
or the council shall deem necessary to indicate and to carry out the provisions of this
traffic code, or to regulate, warn or guide traffic.
(Prior code § 14-2-1)
10.08.020 Required obedience to traffic control devices.
A. The driver of any vehicle shall obey the instructions of any official
traffic control device applicable thereto placed in accordance with the provisions of this
title, unless otherwise directed by the sheriff, subject to the expectations granted the
driver of an authorized emergency vehicle in this title.
B. No provision of this title for which signs are required shall be enforced
against an alleged violator if, at the time and place of the alleged violation, an official
sign is not in proper position and sufficiently legible to be seen by an ordinarily
observant person. Whenever a particular section does not state that signs are required, such
section shall be effective even though no signs are erected or in place.
(Prior code § 14-2-2)
10.08.030 Pedestrian control signals.
Whenever special pedestrian control signals exhibiting the words "Walk" or "Wait" or "Don't
Walk" are in place, such signals shall indicate as follows:
A. Walk. Pedestrians facing such signal may proceed across the roadway in the
direction of the signal and shall be given the right-of-way by the drivers of all vehicles;
B. Wait or Don't Walk. No pedestrian shall start to cross the roadway in the
direction of such signal, but any pedestrian who has partially completed his or her crossing
on the walk signal shall proceed to a sidewalk or safety island while the wait signal is
showing.
(Prior code § 14-2-4)
10.08.040 Display of unauthorized signs, signals or markings.
A. No person shall place, maintain, or display upon or in view of any street
any unauthorized sign, signal, marking or device which purports to be or is an imitation of
or resembles an official traffic control device or railroad sign, or signal, or which
attempts to direct the movement of traffic, or which hides from view or interferes with the
effectiveness of any official traffic control device or any railroad sign or signal.
B. No person shall place or maintain nor shall the municipality permit upon any
such street any traffic sign or signal bearing thereon any commercial advertising.
C. This section shall not be deemed to prohibit the erection upon private
property adjacent to streets of signs giving useful directional information and of a type
that cannot be mistaken for official signs.
D. The prohibition of this section shall not apply to portable "Caution" signs
placed in the vicinity of schools at those times during which school children are going to
and coming from school.
E. Every such prohibited sign, signal, or marking is declared to be a public
nuisance and the city is empowered to remove such sign, signal or marking or cause it to be
removed without notice.
F. Whoever violates this section shall, upon conviction of such violation, be
fined according to the general penalty clause, Chapter 1.16 of this code.
(Prior code § 14-2-6)
10.08.050 Interference with official traffic control devices, etc.
No person shall, without lawful authority, attempt to or in fact alter, deface, injure,
knock down, or remove any official traffic control device or any railroad sign or signal or
any intersection, shield, or insignia thereon, or any part of such device, sign or signal.
(Prior code § 14-2-7)
10.08.060 State statutes adopted by reference.
The city adopts by reference SDCL 32-24; SDCL Chapter 32-26; SDCL Chapter 32-29; SDCL
Chapter 32-30; SDCL Chapter 32-31; SDCL Chapter 32-32; and SDCL Chapter 32-14 concerning
rules of the road and operation of motor vehicles. This section shall amend to come into
compliance with those statutes as they are amended in the future.
(Ord. 437 (part), 2001)
10.08.061 U-turns.
No operator of a motor vehicle shall perform any U-turn on any public street or alley in the
city of Britton. A violation of this section shall be punishable in accordance with Section
1.16.010 by a position of a fine of not more than two hundred dollars ($200.00) or by
imprisonment not to exceed thirty (30) days or by both such fine and imprisonment. (As added
by ordinance dated 7/25/05)
10.08.070 Penalty.
Any person violating a provision of this chapter shall be punishable by up to thirty (30)
days in jail and a two hundred dollar ($200.00) fine or both.
(Ord. 437 (part), 2001)
Chapter 10.12
SPEED
Sections:
10.12.010 Speed restrictions--Basic rule.
10.12.020 Speed limits.
10.12.030 Minimum speed regulations.
10.12.040 Permission to hold speed contest.
10.12.050 Penalty.
10.12.010 Speed restrictions--Basic rule.
Every person operating or driving a vehicle of any character on a street within the city
shall drive in a careful and prudent manner, and at a rate of speed no greater than is
reasonable and proper under the conditions existing at the point of operation, taking into
account amount and character of traffic, condition of brakes, weight of vehicle, grade and
width of highway, condition of surface, and freedom of obstruction to view ahead, and so as
not to unduly or unreasonably endanger the life, limb, property, or other rights of any
person entitled to the use of the street or highway.
(Prior code § 14-4-1)
10.12.020 Speed limits.
The following speed limits apply to streets of Britton, except for those streets or parts of
streets where the limits have been posted otherwise:
A. Thirty (30) miles per hour on state highways through the city;
B. Twenty-five (25) miles per hour on all other streets in the city;
C. Fifteen (15) miles per hour in all school zones.
(Prior code § 14-4-2)
10.12.030 Minimum speed regulations.
A. No person shall drive a motor vehicle at such a slow speed as to impede or
block the normal and reasonable movement of traffic except when reduced speed is necessary
for safe operation or in compliance with law.
B. Law officers are authorized to enforce this provision by directions to
drivers, and in the event of apparent wilful disobedience to this provision and refusal to
comply with direction of an officer in accordance with this section, the continued slow
operation by a driver shall be a misdemeanor, except that inability to comply with such
order will not be construed as wilful disobedience.
(Prior code § 14-4-3)
10.12.040 Permission to hold speed contest.
No race or contest for speed shall be held and no person shall engage in or aid or abet in
any motor vehicle speed contest or exhibition of speed on a public street without written
permission of the sheriff and unless the street is fully and efficiently patrolled for the
entire distance over which such race or contest for speed is to be held.
(Prior code § 14-4-4)
10.12.050 Penalty.
Any person violating a provision of this chapter for which another penalty has not been
provided shall, upon conviction of such violation, be punished as set forth in Chapter 1.16
of this code.
(Prior code § 14-4-5)
Chapter 10.16
STOPPING, STANDING AND PARKING
Sections:
Article I. Stop/Parking Signs
10.16.010 Stop signs--Required stopping.
10.16.020 Parking at curb--Placement of signs.
Article II. Parking
10.16.030 Parking time limited on all streets.
10.16.040 Parking on private property.
10.16.050 Parking in alleys.
10.16.060 Parking of vehicles for transport of flammable liquids restricted.
10.16.070 Designation of passenger and freight loading zones.
10.16.080 Stopping, standing, parking in passenger loading zone.
10.16.090 Parking in freight loading zone.
10.16.100 Use of rear entrance--Angle parking prohibited.
10.16.110 Designation of public carrier stands.
10.16.120 Parking of buses regulated.
10.16.130 Use of bus and taxicab stands restricted.
10.16.140 Parking for certain purposes prohibited.
10.16.141 Parking on right side of street and blocking sidewalks and boulevards.
10.16.142 Parking on city property.
Article III. Parking After Snowfall
10.16.150 Public policy.
10.16.160 Definitions.
10.16.170 Parking restrictions.
10.16.180 Penalties.
10.16.190 Removal of vehicles.
10.16.200 Notice of removal.
10.16.210 Recovery of removed vehicles.
10.16.220 Record of removals.
Article IV. Limited Parking--General Penalty
10.16.230 Limited parking areas.
10.16.240 General penalty.
Article I.
Stop/Parking Signs
10.16.010 Stop signs--Required stopping.
A. The city may designate through streets and erect stop signs at specified
entrances to such through streets or may designate any intersection as a stop intersection
and erect like signs at one or more entrances to such intersection.
B. Every such sign shall bear the word "Stop" in letters no less than eight
inches in height with reflective letters which will be rendered illuminated by vehicle
headlights.
C. Every stop sign shall be erected as near as practicable to the nearest line
of the crosswalk in the near side of the intersection or, if there is no crosswalk, then as
close as practicable nearest the line of the roadway.
D. Every driver of a vehicle approaching a stop sign shall stop before entering
the crosswalk on the near side of the intersection or in the event there is no crosswalk
shall stop at a clearly marked stop line, but if none, then at the point nearest the
intersecting roadway where the driver has a view of approaching traffic on the intersecting
roadway before entering the intersection except when directed to proceed by a police officer
or traffic control signal.
(Ord. 478, 2005: prior code § 14-6-1)
10.16.020 Parking at curb--Placement of signs.
A. Except as otherwise provided in this section, every vehicle stopped or
parked upon a roadway where there are adjacent curbs shall be so stopped or parked with the
right hand wheels of such vehicle parallel to and within twelve (12) inches of the right
hand curb.
B. The city may place signs prohibiting or restricting the stopping, standing
or parking of vehicles on any street where, in its opinion, such stopping, standing or
parking is dangerous to those using the street or where the stopping, standing or parking of
vehicles would unduly interfere with the free movement of traffic on such street. Such sign
shall be official signs and no person shall stop, stand, or park any vehicle in violations
of the restrictions stated on such signs.
(Ord. 438 § 14-6-4, 2001; prior code § 14-6-4)
Article II.
Parking
10.16.030 Parking time limited on all streets.
A. No person shall park a vehicle for longer than five consecutive days at any
time upon a street or roadway within the city.
B. A vehicle parked longer than five consecutive days on a street in the city
shall be removed and sold as an abandoned vehicle in accordance with the provisions of state
law.
(Prior code § 14-6-7)
10.16.040 Parking on private property.
A. No person shall stand or park a vehicle on any private lot or lot area
without the express or implied consent of the owner of such private property.
B. Whenever signs or markings have been erected on any lot or lot area,
contiguous or adjacent to a street, thoroughfare, or alley, indicating that no vehicles are
permitted to stand or park thereon, it is unlawful for any person to drive a vehicle across
any curb or lot line or over any driveway from the street or alley into such lot or area for
the purpose of standing or parking such vehicle, or, for any person to stop, stand, or park
any vehicle in such lot or lot area.
(Prior code § 14-6-8)
10.16.050 Parking in alleys.
A. No person shall stop, stand, or park any vehicle, whether occupied or not,
within any alley in the business district at any time other than temporarily for the purpose
of and while actually engaged in loading or unloading.
B. No person shall stop, stand, or park any vehicle, whether occupied or not,
within any alley in the city in such a manner as to prevent the free movement or vehicular
traffic or in such a position as to block the driving entrance to any abutting property,
except when engaged in loading and unloading.
(Prior code § 14-6-10)
10.16.060 Parking of vehicles for transport of flammable liquids restricted.
No tank, truck, trailer, or like vehicle containing, or used for the transportation of
gasoline, butane, fuel oil, or other highly flammable liquid, shall be parked on any street,
alley, public park, or any other public place, nor upon any private property in the city for
a period longer than one hour. Provided, that this restriction upon parking shall not be
construed as to prevent the delivery of such liquids to retail gas stations or to private
residences or business property for so long a period as is reasonably necessary to complete
such delivery.
(Prior code § 14-6-12)
10.16.070 Designation of passenger and freight loading zones.
The sheriff or law officer shall have authority to determine the location of passenger and
freight loading zones and may erect and maintain, or cause to be maintained, appropriate
signs indicating such zones.
(Prior code § 14-6-13)
10.16.080 Stopping, standing, parking in passenger loading zone.
No person shall stop, stand, or park a vehicle for any purpose or period or time other than
for the expeditious loading or unloading of passengers in a place marked as a passenger
loading zone and then only for a period not to exceed three minutes.
(Prior code § 14-6-14)
10.16.090 Parking in freight loading zone.
A. No person shall stop, stand, or park a vehicle for any purpose or length of
time other than for the expeditious unloading and delivery or pick-up and loading of
materials in a place marked as a freight loading zone.
B. The driver of a passenger vehicle may stop temporarily at a place marked as
a freight loading zone for the purpose of, and while actually engaged in, loading or
unloading passengers when such stopping does not cause interference with any motor vehicle
used for the transportation of materials which is waiting to enter or about to enter such
zone.
(Prior code § 14-6-15)
10.16.100 Use of rear entrance--Angle parking prohibited.
A. At every pick-up and delivery point in the business district of the city
where there is an accessible rear entrance, vehicles used for the transportation of
merchandise and materials shall use such rear entrance.
B. No person shall stand or park a vehicle at an angle to the curb for the
purpose of loading or unloading, or for any purpose, when such vehicle so parked or standing
extends into the street or roadway so as to impair the normal flow of traffic, unless a
special permit for such parking or standing is issued by the mayor to cover emergency
conditions.
(Prior code § 14-6-16)
10.16.110 Designation of public carrier stands.
The city council may establish bus stops and taxicab stands and stands for other passenger
common carrier motor vehicles on such public streets and in such places as they determine to
be necessary or convenient for the public. Every such bus stop, taxicab stand, or other
stand shall be designated by appropriate signs.
(Prior code § 14-6-17)
10.16.120 Parking of buses regulated.
The driver of a bus shall not park upon any street in the business district at any place
other than at a bus stop except when temporarily stopping in accordance with traffic control
signals and other stopping or parking regulations.
(Prior code § 14-6-18)
10.16.130 Use of bus and taxicab stands restricted.
No person shall stop, stand, or park a vehicle other than a bus in a bus stop or stand, or
other than a taxicab in a taxicab stand when any such stop or stand has been officially
designated and appropriately signed. However, the driver of a passenger vehicle may
temporarily stop therein for the purpose of and while actually engaged in loading or
unloading passengers, when such stopping does not interfere with bus or taxicab waiting to
enter or about to enter such zone.
(Prior code § 14-6-19)
10.16.140 Parking for certain purposes prohibited.
No person shall park a vehicle upon any street, roadway, or public parking lot for the
principal purpose of:
A. Displaying such vehicle for sale;
B. Displaying advertising;
C. Washing, greasing or repairing such vehicle, except for repairs necessitated
by an emergency;
D. Selling merchandise or tickets, or soliciting subscriptions.
(Prior code § 14-6-20)
10.16.141 Parking on right side of street and blocking sidewalks and boulevards.
Every vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with
the right side wheels parallel to and within twelve (12) inches of the right hand curb or
edge of the roadway. Further, no vehicle shall be parked at any time on any portion of a
public sidewalk or boulevard, except when engaged in loading and unloading for so long a
period as is reasonably necessary to complete such delivery. A violation of this section
shall be punishable in accordance with Section 1.16.010 by a position of a fine of not more
than two hundred dollars ($200.00) or by imprisonment not to exceed thirty (30) days or by
both such fine and imprisonment.
(Ord. 471, 2005)
10.16.142 Parking on city property.
It shall be unlawful for any vehicles to be parked on city property for more than eight (8)
hours unless such vehicle is parked on an RV site or for any special events such as
athletic, sporting, auto or car show. Any vehicle that is parked for a period in excess of
eight (8) hours in violation of the ordinance from which this section was derived, is
subject to being towed at the owner's expense and further subjects the owner of said vehicle
to a fine of not more than two hundred dollars ($200.00) and a jail term of not more than
thirty (30) days or both.
(Ord. 496, 2008)
Article III.
Parking After Snowfall
10.16.150 Public policy.
It is declared to be in the best interests of the public safety of the city to regulate and
restrict the parking of vehicles on public streets following snowfalls to facilitate the
prompt and complete plowing of streets and snow removal.
(Ord. 365 § 1, 1993)
10.16.160 Definitions.
The following definitions shall apply to this article:
"Core business area" means the following streets and avenues, or portions of such streets
and avenues, within the city:
1. Main Street, from 8th Street to Fifth Street;
2. Seventh Street, from Seventh Avenue to Eighth Avenue;
3. Sixth Street, from Seventh Avenue to Eighth Avenue;
4. Vander Horck from Seventh Avenue to Eighth Avenue;
"Residential area" means all areas not designated as core business area.
(Ord. 365 § 2, 1993)
10.16.170 Parking restrictions.
Whenever two inches of falling or drifting snow accumulates, parking on streets in the core
business area shall be prohibited from the hours of two a.m. until such streets in the core
business area have been plowed on both sides, and parking on streets in the residential
areas shall be prohibited between the hours of seven a.m. until such streets have been
plowed on both sides. Parking on a particular street may resume after such street has been
cleaned on both sides.
(Ord. 485, 2006: Ord. 365 § 3, 1993)
10.16.180 Penalties.
The penalty for a violation of this article shall be a fine of twenty-five dollars ($25.00).
(Ord. 365 § 4, 1993)
10.16.190 Removal of vehicles.
When a vehicle is parked in violation of this article, thus interfering or about to
interfere with snow removal operations, law enforcement officers or street department
officials are authorized to remove or have removed such vehicle from a street to the nearest
garage or other place of safety.
(Ord. 365 § 4, 1993)
10.16.200 Notice of removal.
Whenever a vehicle is removed from a street, the person authorizing such removal shall
immediately give or cause to be given to the owner of such vehicle written notice of the
fact of such removal, the reasons therefor, and of the place to which such vehicle has been
removed.
(Ord. 365 § 5, 1993)
10.16.210 Recovery of removed vehicles.
The owner of a removed vehicle, or his or her authorized agent, may not recover such vehicle
from the place where it has been placed or impounded until he or she presents to a law
enforcement officer evidence of his or her identity and right to possession of the vehicle,
signs a receipt for its return, pays the cost of its removal, and pays any storage fees.
Until paid, these charges constitute a lien on the vehicle which may be enforced in the same
manner as a garage keeper's lien in accordance with the provisions of the statutes of the
State of South Dakota.
(Ord. 365 § 6, 1993)
10.16.220 Record of removals.
Law enforcement officers shall keep a record of each vehicle removed pursuant to this
article. The record shall include a description of the vehicle, its license number, the date
and time of its removal, where it was removed from, its storage location, the name and
address of its owner and last operator (if known), its final disposition, and the parking
violation involved.
(Ord. 365 § 7, 1993)
Article IV.
Limited Parking--General Penalty
10.16.230 Limited parking areas.
The Marshall County sheriff is authorized to designate certain area spaces or zones as
limited time parking areas, and it is unlawful for any person to park any vehicle in any
such zone so designated for a longer period than indicated by the signs, and it shall be the
duty of the sheriff to erect and maintain at the ends of such zones adequate signs
indicating the limitation for parking in accordance with the provisions of this section.
(Ord. 318 § 1, 1984: prior code § 14-6-20.2)
10.16.240 General penalty.
Any person violating a provision of this chapter for which another penalty has not been
provided shall, upon conviction of such violation, be punished as set forth in Chapter 1.16
of this code.
(Prior code § 14-6-21)
Chapter 10.20
PEDESTRIANS
Sections:
10.20.010 Pedestrians subject to traffic regulations.
10.20.020 Drivers of vehicles to yield right-of-way to pedestrians--School children.
10.20.030 Crossing at place other than crosswalk.
10.20.040 Pedestrians to use right half of crosswalk.
10.20.050 Walking along roadway.
10.20.060 Soliciting rides and business.
10.20.070 Exercise of due care by drivers.
10.20.010 Pedestrians subject to traffic regulations.
At intersections or other areas where traffic control signals are emplaced, pedestrians
shall be subject to such signals as provided in SDCL Chapter 32-28. At all other places,
pedestrians shall be accorded the privileges and shall be subject to the restrictions stated
in this chapter.
(Amended during 2001 codification; prior code § 14-7-1)
10.20.020 Drivers of vehicles to yield right-of-way to pedestrians--School children.
A. When traffic control signals are not in place or not in operation, the
driver of a vehicle shall yield the right-of-way, slowing down or stopping, if need be, to
so yield to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon
the half of the roadway upon which the vehicle is traveling, or when the pedestrian is
approaching so closely from the opposite half of the roadway as to be in danger; but no
pedestrian shall suddenly leave a curb or other place and walk or run into the path of a
vehicle which is so close that it is impossible for the driver to yield. This provision
shall not apply under the conditions stated in Section 10.24.030(B).
B. Whenever any vehicle is stopped at a marked crosswalk, or at any unmarked
crosswalk at an intersection, to permit a pedestrian to cross the roadway, the driver of the
vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
C. It is unlawful for any person to drive a motor vehicle through a column of
school children crossing a street or highway or past a member of the school safety patrol
while a member of the school safety patrol is directing the movement of children across a
street or highway and while the school safety patrol member is holding his or her official
signal in the stop position.
(Prior code § 14-7-2)
10.20.030 Crossing at place other than crosswalk.
A. Every pedestrian crossing a roadway at any point other than within a marked
crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to
all vehicles upon the roadway.
B. Any pedestrian crossing a roadway at a point where a pedestrian tunnel or
overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles
upon the roadway.
C. Between adjacent intersections at which traffic control signals are in
operation, pedestrians shall not cross at any place except in a marked crosswalk.
(Prior code § 14-7-3)
10.20.040 Pedestrians to use right half of crosswalk.
Pedestrians shall move, whenever practicable, upon the right half of crosswalks.
(Prior code § 14-7-4)
10.20.050 Walking along roadway.
A. Where sidewalks are provided, it is unlawful for any pedestrian to walk
along and upon an adjacent roadway.
B. Where sidewalks are not provided, any pedestrian walking along and upon a
highway shall, when practicable, walk only on the left side of the roadway or its shoulder
facing traffic which may approach from the opposite direction.
(Prior code § 14-7-5)
10.20.060 Soliciting rides and business.
A. No person shall stand in a roadway for the purpose of soliciting a ride,
employment, or business from the occupant of any vehicle.
B. No person shall stand on, or in the proximity to, a street or highway for
the purpose of soliciting the watching or guarding of any vehicle while parked or about to
be parked on a street or highway.
(Prior code § 14-7-6)
10.20.070 Exercise of due care by drivers.
Notwithstanding the foregoing provisions of this chapter, every driver of a vehicle shall
exercise due care to avoid colliding with any pedestrians upon any roadway and shall give
warning by sounding the horn when necessary and shall exercise proper precaution upon
observing any child or any confused or incapacitated person on the roadway.
(Prior code § 14-7-7)
Chapter 10.24
BICYCLES, MOTORCYCLES AND SNOWMOBILES
Sections:
Article I. Bicycles and Motorcycles
10.24.010 Effect of bicycle regulations.
10.24.020 Traffic laws apply to persons riding bicycles.
10.24.030 Dismounting from bicycle to make turn.
10.24.040 Bicycles--Manner of riding.
10.24.050 Clinging to vehicles.
10.24.060 Riding on roadways and bicycle paths.
10.24.070 Carrying packages.
10.24.080 Parking.
10.24.090 Riding on sidewalks.
10.24.100 Lamps and braking equipment on bicycles.
10.24.110 Motor-driven cycles.
10.24.120 Motorcycles--General traffic laws apply.
10.24.130 Riding on motorcycles.
10.24.140 Driving motorcycles in traffic lanes.
10.24.150 Penalty.
Article II. Snowmobiles
10.24.160 Definitions.
10.24.170 Violations.
10.24.180 Equipment.
10.24.190 Identification numbers required.
10.24.200 Obligations of operator.
10.24.210 Authorized operation--Generally.
10.24.220 Operation on private or public property.
10.24.230 Streets where operation prohibited.
Article I.
Bicycles and Motorcycles
10.24.010 Effect of bicycle regulations.
The regulations of this chapter applicable to bicycles shall apply whenever a bicycle is
operated upon any street or upon any path aside for the exclusive use of bicycles subject to
those exceptions stated in this chapter.
(Prior code § 14-8-1)
10.24.020 Traffic laws apply to persons riding bicycles.
Every person riding a bicycle upon a roadway shall be granted of all the rights and shall be
subject to all the duties applicable to the driver of a vehicle by this traffic code, except
as to those provisions of the traffic code which, by their very nature, can have no
applications.
(Prior code § 14-8-2)
10.24.030 Dismounting from bicycle to make turn.
Whenever authorized signs are erected indicating that no right or left or U-turn is
permitted, no person operating a bicycle shall disobey the direction of any such sign,
except where such person dismounts from the bicycle to make any such turn, in which event he
or she shall then obey the regulations applicable to pedestrians. (Amended during 2001
codification; prior code § 14-8-3)
10.24.040 Bicycles--Manner of riding.
A. A person propelling a bicycle shall not ride other than astride a permanent
and regular seat attached to it.
B. No bicycle shall be used to carry more persons at one time than the number
for which it is designed and equipped.
(Prior code § 14-8-4)
10.24.050 Clinging to vehicles.
No person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle shall attach
such article or himself or herself to any vehicle upon a roadway.
(Prior code § 14-8-5)
10.24.060 Riding on roadways and bicycle paths.
A. Every person operating a bicycle upon a roadway shall ride as near to the
right side of the roadway as practicable, exercising due care when passing a standing
vehicle or one proceeding in the same direction.
B. Persons riding bicycles upon a roadway shall not ride more than two abreast
except on paths or parts of roadways set aside for the exclusive use of bicycles.
C. Whenever a usable path for bicycles has been provided adjacent to a roadway,
bicycle riders shall use such path and shall not use the roadway.
(Prior code § 14-8-6)
10.24.070 Carrying packages.
No person operating a bicycle shall carry any package, bundle, or article which prevents the
driver from keeping at least one hand upon the handle bars.
(Prior code § 14-8-7)
10.24.080 Parking.
No person shall park a bicycle upon a street other than upon the roadway against the curb or
upon the sidewalk in a rack to support the bicycle or against a building, in such manner as
to afford the least obstruction to pedestrian traffic. No person shall park a bicycle
against a glass window at any time.
(Prior code § 14-8-8)
10.24.090 Riding on sidewalks.
A. No person shall ride a bicycle upon any sidewalk within the business
district.
B. Whenever any person is riding a bicycle upon a sidewalk, such person shall
yield the right-of-way to any pedestrian and shall give audible signal before overtaking and
passing such pedestrian.
(Prior code § 14-8-9)
10.24.100 Lamps and braking equipment on bicycles.
A. Every bicycle, when in use at nighttime, shall be equipped with a lamp on
the front which shall emit a white light visible from a distance of a least five hundred
(500) feet to the front and with a red deflector on the rear shall be visible from all
directions from fifty (50) feet to three hundred (300) feet to the rear when directly in
front of lawful upper beams of head lamps on a motor vehicle. A lamp emitting a red light
visible from a distance of five hundred (500) feet to the rear used in addition to the red
reflector.
B. Every bicycle shall be equipped with a brake which will enable the operator
to make the braked wheels skid on dry, level, clean pavement.
(Prior code § 14-8-10)
10.24.110 Motor-driven cycles.
The term "motorcycle," when used in this chapter, shall include motor-driven cycles.
(Prior code § 14-8-11)
10.24.120 Motorcycles--General traffic laws apply.
Every person riding a motorcycle upon a street or roadway shall be granted all of the rights
and shall be subject to all of the duties applicable to the driver of a vehicle by the
provisions of the traffic code and other traffic ordinances of the city, except as to
special regulations in this chapter and except as to those provisions of laws which, by
their nature, can have no application.
(Prior code § 14-8-12)
10.24.130 Riding on motorcycles.
A. A person operating a motorcycle on public streets or highways shall ride
only upon the permanent and regular seat attached to it, and such operator shall not carry
any other person nor shall any other person ride on a motorcycle unless such motorcycle is
designed to carry more than one person, in which event a passenger may ride upon the
permanent and regular seat if designed for two persons, or upon another seat firmly attached
to the rear or side of the operator.
B. No passenger shall be carried in a position that will interfere with the
operation of the motorcycle or the view of the operator.
C. No person operating a motorcycle shall carry any packages, bundles, or other
articles which would interfere with the operation of the vehicle in a safe and prudent
manner.
D. "Side saddle" riding on a motorcycle is prohibited.
(Prior code § 14-8-13)
10.24.140 Driving motorcycles in traffic lanes.
A. Not more than two motorcycles shall be operated side by side in a single
traffic lane.
B. All motor vehicles, including motorcycles, are entitled to the full use of a
traffic lane, and no vehicle shall be driven or operated in such a manner as to deprive any
other vehicle of the full use of a traffic lane, except that motorcycles may, with the
consent of both drivers, be operated not more than two abreast in a single traffic lane.
(Prior code § 14-8-14)
10.24.150 Penalty.
Any person violating a provision of this chapter for which another penalty has not been
provided shall, upon conviction of such violation, be punished as set forth in Chapter 1.16
of this code.
(Prior code § 14-8-15)
Article II.
Snowmobiles
10.24.160 Definitions.
Terms used in this article, unless the content otherwise requires, shall have the following
meanings:
"Operate" means to control the operation of a snowmobile.
"Operator" means every person who operates or who is in actual physical control of a
snowmobile.
"Owner" means any person, other than a lien holder, having the property in or title to a
snowmobile and entitled to the use or possession of such snowmobile.
"Private property" means any and all real property or land within the city which has not
been opened or dedicated for public use or as a public thoroughfare.
"Snowmobile" means any engine-driven vehicle of a type which utilizes sled type runners,
wheels or skis with an endless belt tread or similar means of contact with the surface upon
which it is operated.
"Street" means that part of the street set apart for the use of vehicles or motor vehicles
and including streets, avenues, alleys and public highways.
(Ord. 389 § 14-8-16, 1994)
10.24.170 Violations.
When any person is convicted of a violation of any section of this article, the court shall
have the power to suspend any sentence or portion of such sentence, and to revoke any
suspension.
(Ord. 389 § 14-8-16.1, 1994)
10.24.180 Equipment.
All snowmobiles operated within the city shall have the following equipment:
A. Mufflers which are properly attached and which reduce the noise necessary
for operating the vehicle, and no person shall use a muffler cutout, bypass or similar
device on such vehicle;
B. Adequate brakes in good working condition;
C. A safety or "deadman" throttle in operating condition, such being a device
which when pressure is removed from the accelerator, the throttle causes the motor to
disengage from the driving track;
D. At least one headlight and one taillight in good working condition;
E. A pennant flag of red or blaze material, of a size not less than twelve (12)
inches by nine inches, properly attached at a height of not less than five feet from the
ground level at any time when the vehicle is operated within the city limits.
(Ord. 389 § 14-8-16.3, 1994)
10.24.190 Identification numbers required.
All snowmobiles operated within the city shall have an identification number. Identification
numbers will be issued at the office of the finance officer. Identification numbers shall be
displayed on the pennant flag attached to the snowmobile.
(Ord. 389 § 14-8-16.4, 1994)
10.24.200 Obligations of operator.
The operator of a snowmobile shall be subject to all existing traffic ordinances of the city
and traffic laws of the state, and in addition, such operator shall:
A. Display a lighted headlight and taillight at all times during such
operation;
B. Slow the speed of such snowmobile to fifteen (15) miles per hour or less
when entering any uncontrolled intersection;
C. Have a valid South Dakota driver's license in his or her possession.
(Ord. 389 § 14-8-16.5, 1994)
10.24.210 Authorized operation--Generally.
No person shall operate a snowmobile within or upon any street except to provide an exit out
of the city and a return to the residence of the operator or his or her place of storage for
the snowmobile, by way of the most direct and closest route available, except under road and
weather conditions as declared by the sheriff or director of civil defense to constitute
emergency travel conditions authorizing use of a snowmobile, or when such vehicle is
necessary as an emergency vehicle to protect the health, safety and welfare of any
individual. This does not prohibit the crossing of a street only for the purpose of getting
from one side to the other, subject to all existing traffic ordinances.
(Ord. 389 § 14-8-16.6, 1994)
10.24.220 Operation on private or public property.
A. No person shall operate a snowmobile on private property of another without
the express permission to do so by the owner or occupant of such property, and no person
shall operate a snowmobile on private property of his or her own or another between the
hours of ten p.m. and seven a.m. the following day, except that a person returning to his or
her residence as provided in this article may do so after the hour of ten p.m.
B. No person shall operate a snowmobile on public school grounds, park
property, playgrounds, recreational areas, golf courses, parking lots or public property.
(Ord. 389 § 14-8-16.7, 1994)
10.24.230 Streets where operation prohibited.
No snowmobiles shall be operated on Main Street from 5th Street to Vander Horck, 13th Avenue
from Vander Horck to 9th Street and 9th Street from 4th Avenue to 6th Avenue.
(Ord. 389 § 14-8-16.8, 1994)
Chapter 10.28
PROCESSIONS AND PARADES
Sections:
10.28.010 Identification of funeral procession.
10.28.020 Driving through funeral or other procession.
10.28.030 Drivers in a procession.
10.28.040 Parade and procession routes.
10.28.050 Permits and processions.
10.28.060 Penalty.
10.28.010 Identification of funeral procession.
A funeral composed of a procession of vehicles shall be identified as such by the display
upon the outside of each vehicle or a pennant or other identifying insignia or by such other
conspicuous marking as may be required by the sheriff.
(Prior code § 14-9-1)
10.28.020 Driving through funeral or other procession.
No driver of a vehicle shall drive between the vehicles comprising a funeral or other
procession while they are in motion and when such vehicles are conspicuously marked as
required by this chapter. Provided that the foregoing provision shall not apply to
intersections where traffic is controlled by traffic control signals or law officers.
(Prior code § 14-9-2)
10.28.030 Drivers in a procession.
Each driver in a funeral or other procession shall drive as near to the right-hand edge of
the roadway as practicable and shall follow the vehicle ahead as close as is practicable and
safe.
(Prior code § 14-9-3)
10.28.040 Parade and procession routes.
The sheriff is empowered to designate routes for parades and other processions on the public
highways and to police such parades or processions, and to adopt and enforce such measures
as, in his or her judgment, are necessary to keep the highway to be traveled upon free from
obstruction.
(Prior code § 14-9-4)
10.28.050 Permits and processions.
With the exception of funeral processions and parades of the armed forces of the United
States or the military forces of this state, no procession or parade shall be conducted on
the streets and thoroughfares of Britton unless a permit therefor has been issued by the
city. The persons or groups to whom such permits are issued shall only occupy, march, or
proceed along any street in accordance with the terms of the permit and such regulations as
set forth in this chapter which may be applicable.
(Prior code § 14-9-5)
10.28.060 Penalty.
Any person violating a provision of this chapter for which another penalty has not been
provided shall, upon conviction of such violation, be punished as set forth in Chapter 1.16
of this code.
(Prior code § 14-9-6)
Chapter 10.32
MISCELLANEOUS RESTRICTIONS
Sections:
10.32.010 Railroad trains blocking streets.
10.32.015 Dynamic braking, air braking, or jake braking prohibited.
10.32.020 Penalty.
10.32.010 Railroad trains blocking streets.
It is unlawful for the directing officer, the engineer, conductor, or other person in charge
of any railroad train to direct the operation of or to operate the train in such a manner as
to prevent the use of any street in the municipality over which such railroad crosses for a
period of time longer than ten (10) minutes.
(Prior code § 14-10-4)
10.32.015 Dynamic braking, air braking, or jake braking prohibited.
A. Define. The use of a dynamic braking device (commonly referred to as jacobs
brakes or jake braking) is prohibited, dynamic braking is defined as a device used primarily
on trucks for the conversion of the engine from an internal combustion engine to an air
compressor for the purpose of braking without the use of rear wheels.
B. Dynamic Braking Devices. Operating any motor vehicle with a dynamic braking
device engaged except for the aversion of imminent danger shall be prohibited.
C. Public Emergency Response Vehicles' Exception. Any public emergency response
vehicle equipped with a dynamic braking device will be allowed to use such a device during a
response to an emergency situation.
(Ord. 487, 2006)
10.32.020 Penalty.
Any person violating a provision of this chapter for which another penalty has not been
provided shall, upon conviction of such violation, be punished as set forth in Chapter 1.16
of this code.
(Prior code § 14-10-5)
Title 11
(RESERVED)
Title 12
STREETS, SIDEWALKS AND PUBLIC PLACES
Chapters:
12.04 Sidewalk Construction and Maintenance
12.08 Excavations
12.12 Use of Streets
12.16 Snow Removal
12.20 Moving Buildings
Chapter 12.04
SIDEWALK CONSTRUCTION AND MAINTENANCE
Sections:
12.04.010 Grade and curb lines.
12.04.020 Supervision of sidewalk and curbing construction.
12.04.030 Specifications.
12.04.040 Permit required.
12.04.050 Width of sidewalk.
12.04.010 Grade and curb lines.
Grade and curb lines as previously established by the city are adopted as the official
grades and curb lines of the city and all sidewalks hereafter constructed shall be in
accordance with such established grades and curb lines.
(Prior code § 13-1-1)
12.04.020 Supervision of sidewalk and curbing construction.
The building and construction of all sidewalks and curbing within the limits of the streets
and alleys of the city shall be done under the direct supervision of the city and its duly
appointed officers and agents and all such sidewalks shall be constructed on the grades as
determined by the city.
(Prior code § 13-1-2)
12.04.030 Specifications.
The construction of all sidewalks and curbing, whether to be done by direct contract with
the city or by contract with the abutting property owners, shall be done strictly in
accordance with the specifications now on file with the council and on file in the office of
the municipal finance officer. The council shall have full power to condemn work and
material not in accordance with the requirements of such specifications.
(Prior code § 13-1-3)
12.04.040 Permit required.
Before any sidewalk or curbing is constructed within the limits of the streets and alleys in
the city by any contractor or person for the owner or owners of abutting property, the
contractor or person must first acquire a permit therefor from the municipal finance officer
which permit: shall be publicly displayed.
(Prior code § 13-1-4)
12.04.050 Width of sidewalk.
Except as otherwise provided, all sidewalks on all side streets shall not be less than four
nor more than eight feet in width and shall conform to the width, grade, and curb lines of
the adjoining sidewalks.
(Prior code § 13-1-5)
Chapter 12.08
EXCAVATIONS
Sections:
12.08.010 Definitions.
12.08.020 City to repair streets after excavations.
12.08.030 Cost of repairs paid by parties excavating.
12.08.040 Rates.
12.08.050 City foreman to be contacted before digging.
12.08.010 Definitions.
The following terms shall have the following meanings:
"Excavation," when used in this chapter, means and includes any ditch, trench, cut, hole, or
change of grade.
"Street," when used in this chapter, means the entire width of a highway between the
boundary lines of other public or private properties on the sides.
(Prior code § 13-5-1)
12.08.020 City to repair streets after excavations.
When any excavations, as defined in Section 12.08.010, are made upon any streets, alleys,
etc., within the city by various parties, the streets excavated shall be returned to their
original condition by the city foreman of the city.
(Prior code § 13-5-2)
12.08.030 Cost of repairs paid by parties excavating.
The expense of considerable labor and material to return the streets, alleys, etc., to their
original condition after digging has been performed by any party shall be paid by the party
excavating.
(Prior code § 13-5-3)
12.08.040 Rates.
A. The following rates apply to be paid by the party digging into the city
streets, alleys, etc., for the repair and return to previous condition. These rates apply to
utilities and those others that are not engaged in the business of repairing water and sewer
mains:
1. Gravel streets: one dollar ($1.00) per foot;
2. Hard surface streets: three dollars ($3.00) per foot;
3. Alleys: fifty cents ($0.50) per foot;
4. Holes: thirty-five dollars ($35.00) each.
B. The following rates apply to those who excavate into city streets and alleys
for the purpose of water and sewer repair:
1. One-fourth of the distance into the street: thirty-five dollars ($35.00);
2. One-half of the distance into the street: fifty dollars ($50.00);
3. Three-fourths of the distance into the street: seventy-five dollars
($75.00);
4. Entire width of the street: one hundred dollars ($100.00).
(Prior code § 13-5-4)
12.08.050 City foreman to be contacted before digging.
Any utility or plumbing firm or any others desiring to excavate into the streets, alleys,
etc., shall be required to contact the city foreman before digging anywhere within the city.
(Prior code § 13-5-5)
Chapter 12.12
USE OF STREETS
Sections:
12.12.010 Animals and vehicles on sidewalks.
12.12.020 Obstruction on streets.
12.12.030 Material in streets--Permits.
12.12.040 Cleaning streets or the sidewalk of rubbish.
12.12.050 Building in street.
12.12.060 Eave pipe.
12.12.070 Garbage in streets.
12.12.010 Animals and vehicles on sidewalks.
No person shall ride, drive, or lead any horse or mule or drive or lead any cow or any other
animal upon any public sidewalk in the city; or draw or propel or cause to be drawn or
propelled thereon any vehicle ordinarily drawn by horses; or drive or operate, or cause to
be driven or operated, any vehicle upon any sidewalk in the city, except that a vehicle may
be driven across any sidewalk in entering or leaving the premises of any person if there
shall be constructed a driveway across such sidewalk at such premises.
(Prior code § 13-1-6)
12.12.020 Obstruction on streets.
No person shall place, leave, or keep on any public street, road, alley, sidewalk or other
public ground in the city, any wagon, automobile, cart, truck, sleigh, or other vehicle
except when such vehicle shall be in actual use; nor shall any person place, leave, or keep
on any public street, road, alley, sidewalk, or other public ground in this city, any other
article, substance, or material which may obstruct the free use of such street, road, alley,
sidewalk, or public ground, except hereafter provided.
(Prior code § 13-3-1)
12.12.030 Material in streets--Permits.
The council is authorized to grant permission in writing to any person to deposit and keep
lumber, stone, brick, or other materials for building on any public sidewalk, street, road,
alley adjacent to the building to be erected or repaired, but such permission shall not
excuse the obstruction or occupancy with such materials of more than one-third of the width
of any driveway of any street or road.
(Prior code § 13-3-2)
12.12.040 Cleaning streets or the sidewalk of rubbish.
Every person to whom permission may be granted, as in Section 12.12.020, to place and keep
building material in the street, road, or alley, shall cause all such material and the
rubbish resulting therefrom to be removed from such sidewalk, street, road, or alley at the
expiration of the time limited in the permit, unless the time shall for good cause be
extended by the council; and any person depositing and keeping any building material on such
sidewalk or in such street, road, or alley under a permit from the council shall, during
every night while the material shall remain there, keep one or more lighted lanterns or
flares so placed that such material may be easily seen by persons passing along such
sidewalk, street, road, or alley.
(Prior code § 13-3-3)
12.12.050 Building in street.
No person shall erect or maintain any building in such a position that the building shall
stand in whole or in part upon any public street, road, alley, or sidewalk in the city, or
so constructed that any part of the building proper shall project into or over such street,
road, alley, or sidewalk; provided that jut windows, cornices, and other projections from
the building above the first story may extend over an adjoining street, road, alley, or
sidewalk, not exceeding eighteen (18) inches; and no person shall construct any step, area,
or other appurtenance to any building extending over or upon the sidewalk, nor shall any
person erect in any public street or any flight of stairs or step leading to any floor of
any building.
(Prior code § 13-3-4)
12.12.060 Eave pipe.
No person shall place or maintain any pipe leading from the eaves of any building or any
part of any building in the city in such a position that the water discharged from the roof
of such building will flow over or upon any public sidewalk in the city.
(Prior code § 13-3-5)
12.12.070 Garbage in streets.
It is unlawful for any person, firm, or corporation to throw or deposit any ashes, offal,
dirt, garbage, decaying vegetables, fish, meat, manure, filthy water, slop, or any offensive
or putrid matter or thing into or upon any street, avenue, lane, alley, or public ground
within the corporate limits of the city or into any stream of water within the limits of the
city or forming the boundaries of the city.
(Prior code § 13-3-6)
Chapter 12.16
SNOW REMOVAL
Sections:
12.16.010 Duty of owner or occupant.
12.16.020 Cost assessed.
12.16.030 Recovery by city.
12.16.040 Penalty.
12.16.010 Duty of owner or occupant.
It shall be the duty of the owner or occupant or person in possession or in charge of any
lot, parcel, or plot of ground fronting or abutting upon any sidewalk, to keep such sidewalk
free and clear from snow and ice at all times. When it is impossible to take snow and ice
from such walk by reason of its being frozen to the sidewalk, the owner or occupant or
person in charge of such lot shall sprinkle or spread some suitable material upon the same
to prevent the walk from becoming slippery and dangerous to travel.
(Prior code § 13-2-1)
12.16.020 Cost assessed.
The officer in charge of streets shall cause an account to be kept against each lot for the
removal of snow from sidewalks each year and such account shall be certified to the
municipal finance officer on or before the fifteenth day of May each year.
(Prior code § 13-2-2)
12.16.030 Recovery by city.
In lieu of spreading the cost of such snow removal as a special assessment against the
property in the discretion of the council, the amount may be recovered in a civil action
against the owner or occupant of such property.
(Prior code § 13-2-3)
12.16.040 Penalty.
Any person whose duty it shall be to remove snow as set forth in Section 12.16.010, and who
fails to remove such snow within the time set forth, shall be guilty of a petty offense, and
upon conviction of such offense, shall be fined not exceeding two hundred dollars ($200.00)
and thirty (30) days in jail, in addition to other penalties described in this chapter; and
in addition to that, shall be liable to the municipality for any damage caused by the
neglect to keep such sidewalk clear and free of snow and ice as provided in this chapter.
(Ord. 436 § 13-2-4, 2001: prior code § 13-2-4)
Chapter 12.20
MOVING BUILDINGS
Sections:
12.20.010 Permission to move building on streets.
12.20.020 Application.
12.20.030 Guarantee fund.
12.20.040 Permit--Contents.
12.20.050 Refunding guarantee fund.
12.20.060 Applicant must serve notice to owners of wires, etc.
12.20.010 Permission to move building on streets.
It is unlawful for anyone to move any building into, along, or across any public street,
alley, or highway within the city without having obtained permission to do so in compliance
with the provisions of this chapter.
(Prior code § 13-4-1)
12.20.020 Application.
Anyone desiring to move any building into, along, or across any public street, alley, or
highway within the city, shall first apply in writing for permission to do so to the city
council, fully stating the name of the applicant, the name of the owner of the building, the
description of the lot on which such building is standing and the lot to which it is to be
moved, the street along which it is proposed to move such building, the time when such
removal will take place and the size of the building; which application shall be accompanied
with the sum of at least five hundred dollars ($500.00) to be deposited with the municipal
finance officer as a pledge or guarantee fund to protect the city against loss or damage to
crossings, sidewalks, or other public or private property, or expense for protecting such
property against the injuries that may be caused by the removal of such building; such
deposit or the balance of such deposit, after deducting the amount of damages or expenses,
if any, caused by such removal, to be returned to the person depositing the guarantee money
upon an official report of the condition of the streets, sidewalks, crossings, or other
public or private property after such removal, made by the sheriff to the city council.
(Prior code § 13-4-2)
12.20.030 Guarantee fund.
Whenever the city council shall decide from any examination of the application and from such
other information as it may obtain, that the sum of five hundred dollars ($500.00) is not
sufficient as a guarantee fund for ample protection of the city against the probable damages
and expenses that may be caused by the removal of such building, the city council is
authorized that it shall be their duty to require the deposit of a larger sum than five
hundred dollars ($500.00), but not to exceed ten thousand dollars ($10,000.00).
(Prior code § 13-4-3)
12.20.040 Permit--Contents.
On the receipt of the application and the guarantee fund as provided in Section 12.20.020,
the city council may personally or through the building inspector investigate the
representations of the applicant and if such investigation is satisfactory, the council
shall deposit the guarantee fund with the municipal finance officer to be held by him or her
subject to the order of the city council, who shall thereupon issue to the applicant a
permit in writing for the removal of such building along or across the streets, highways, or
alleys to be designated by the city council, such removal to be finished prior to the time
stated in such permit.
(Prior code § 13-4-4)
12.20.050 Refunding guarantee fund.
Before refunding the guarantee fund of any part of such fund, it shall be the duty of the
city council to examine the report of the building inspector and pay out of such fund or set
aside for such purposes the amount claimed or ascertained as the damages or injuries to the
public or private property, including the expenses of protection to electric, telegraph, and
telephone wires as caused, or occasioned by the removal of such building as stated in
Section 12.20.020.
(Prior code § 13-4-5)
12.20.060 Applicant must serve notice to owners of wires, etc.
If the permit includes streets, alleys, or highways on which are located, or across or along
which are strung electric light, telegraph, telephone, or cable television wires, it shall
be the duty of such applicant to notify in writing the resident manager or managing agent or
officer of such public service corporation or owner of such line or wires at least
twenty-four (24) hours before the commencement of such work, of his or her intent to so move
such building under or across such line or wire and of the approximate time for such
crossing of line or wire by such building.
(Prior code § 13-4-6)
Title 13
PUBLIC SERVICES
Chapters:
13.04 Water Service System
13.08 Water Rates
13.12 Sewer Service System
13.16 Sewer Rates
Chapter 13.04
WATER SERVICE SYSTEM
Sections:
13.04.010 Installation of meter.
13.04.020 Duty and responsibility of owner or occupant.
13.04.030 Each building to have separate cut-off.
13.04.040 One meter for each separate service.
13.04.050 Notice of irregularity in meter.
13.04.060 Testing meters on request of consumer.
13.04.070 Protection of meter.
13.04.080 City not liable for damages.
13.04.090 Penalty for interference.
13.04.100 Persons desiring to connect to water distribution system.
13.04.110 No connections outside city limits.
13.04.120 Industrial park exempt.
13.04.130 Depth of service pipes.
13.04.140 Curb-cock in service pipe.
13.04.150 Guarding excavations.
13.04.160 Return of plumber.
13.04.170 Penalties.
13.04.180 Rent must be paid before water turned on.
13.04.190 Right of access to premises for inspection.
13.04.200 Must repair connections.
13.04.210 Notice to discontinue.
13.04.220 Service pipes supplying more than one.
13.04.230 Unnecessary waste of water.
13.04.240 City may shut off water for repairs.
13.04.250 Changing pipes to conform with chapter.
13.04.260 Public hydrants.
13.04.270 Enforcement of rules.
13.04.280 Regulations for openings.
13.04.290 Restrictions--Sprinkling, air conditioning.
13.04.010 Installation of meter.
A. The city, through its water department, shall have the right at any time to
install a meter on any service connected with the city water mains and from the time of such
installation the meter rates established by the ordinances of the city shall take effect and
apply to water delivered through the service; provided, that if the water rates for such
premises shall have been paid in advance at existing flat rates, a credit for the unexpired
time for such advance payment in proportion to the whole time thereof shall be allowed upon
the meter face.
B. The meter shall be furnished by the city. Property owner is responsible for
installation costs.
(Ord. 475, 2005: prior code § 15-1-1)
13.04.020 Duty and responsibility of owner or occupant.
A suitable place, safe from frost or other damage and accessible for examination, must be
provided for the meter at the expense of the owner or occupant, and in all cases where the
meter is injured by freezing or where it is otherwise damaged by the act or neglect of the
owner or occupant of the premises or of his or her agent or servants, the cost of repairing
or replacing the meter shall be paid by the owner or occupant, and in case of neglect or
refusal to pay the cost of repairing or replacing on demand, the water supply may be turned
off, and shall not be again turned on until such cost and penalty are paid. The water rates
and charges shall be established by the governing body by resolution and on file in the
office of the finance officer.
(Ord. 397 § 1 (part), 1996; prior code § 15-1-2)
13.04.030 Each building to have separate cut-off.
Every separate building must have its own separate cut-off placed at the outside edge of the
sidewalk or in the alley; provided, that when two or more buildings are already supplied
through one service connection and one cut-off, such service may be continued until separate
services and cut-offs are ordered, but if the water rates for any of such buildings shall
become delinquent and remain so for a period of fifteen (15) days, the water supply may be
cut from all of the buildings and shall not be again turned on until such delinquent rates
and penalty for turning water off and on are paid. The water rates and charges shall be
established by the governing body by resolution and on file in the office of the finance
officer. The water department may order separate service connections for any such buildings
so already supplied through one service if or whenever the city main has been laid in the
street adjacent to such building.
(Ord. 397 § 1 (part), 1996; prior code § 15-1-3)
13.04.040 One meter for each separate service.
The supply of water through each separate service must be recorded by one meter only, for
which only one bill will be rendered by the city. If additional or auxiliary meters are
desired for recording the subdivision of such supply, they must be furnished and set by the
owner or consumer at their own expenses and they must assume all responsibility of minting
and reading the auxiliary meter.
(Prior code § 15-1-4)
13.04.050 Notice of irregularity in meter.
In case of the breakage or stoppage or any other irregularity in the meter installed by the
city, the owner or consumer is to immediately notify the water department and any necessary
repairs will be made under its supervision.
(Prior code § 15-1-5)
13.04.060 Testing meters on request of consumer.
Upon written request of any owner or consumer, the water department will test the meter
supplying the premises. The owner or consumer, may, if desired, be present when the test is
made. The result of the test will in all cases be reported to the owner or consumer
requesting the test. If the test of the meters shows that it fails to register correctly
within two percent on a flow equal to one-eighth of the diameter of the service, the water
department shall make a charge or allow a credit in proportion to the error for all water
registered in excess of the minimum amount allowed by the established rates.
(Prior code § 15-1-6)
13.04.070 Protection of meter.
Where a meter has been placed on a pipe connected to a boiler or other hot water apparatus,
a check valve must be placed between such meter and the boiler or hot water apparatus which
shall protect such meter from back pressure of steam or hot water. In case the meter shall
be damaged by hot water or steam, the owner or occupant of the premises shall pay for such
damages.
(Prior code § 15-1-7)
13.04.080 City not liable for damages.
The city will not be responsible for damages caused by the breaking of a meter or from any
accidents resulting from variation in water pressure or the ram of the water in the mains.
(Prior code § 15-1-8)
13.04.090 Penalty for interference.
Every person who shall break or deface the seal of any water meter, or who shall obstruct,
alter, injure, or prevent the action of any water meter, or who shall make any connection by
means of a pipe or otherwise with any main or pipe used for the delivery of water to a
consumer in such manner as to take water from such main or pipe without its passing through
the meter, or who shall use any water so obtained, or who shall with the intent to defraud,
make any connection or reconnecting with such main or pipe, or turn on or off or in any
manner interfere with any valve, stopcock, or other appliance connected therewith, shall
upon conviction of such fraud be fined not more than two hundred dollars ($200.00) or be
imprisoned not more than thirty (30) days, or both such fine and imprisonment.
(Ord. 439 § 15-1-9, 2001; prior code § 15-1-9)
13.04.100 Persons desiring to connect to water distribution system.
The superintendent of waterworks shall instruct the city crew to tap the water main and
install the desired size of service saddle and corporations. The city will furnish all
standard materials and will charge the property owner for such material, actual cost of
materials plus freight, handling charges, and a small charge for waste in material. The
labor required for digging and backfilling the ditches, laying the pipes, and service shall
also be governed by the prices that the city is required to pay laborers for doing such
work.
(Prior code § 15-1-10)
13.04.110 No connections outside city limits.
No connections shall be made to the city water and sewer system by anyone residing outside
of the city limits of the city, except those connections made prior to the passage of the
ordinance codified in this chapter.
(Prior code § 15-1-11)
13.04.120 Industrial park exempt.
The Britton industrial park water and sewer system is made part of the Britton water and
sewer distribution system.
(Prior code § 15-1-12)
13.04.130 Depth of service pipes.
Within the limits of the street service pipes shall in no case be laid at a depth less than
six feet below the lowest part of the gutter, and in no case shall the service pipe be laid
nearer than six feet to a service pipe of any character either in street or private
property.
(Prior code § 15-1-13)
13.04.140 Curb-cock in service pipe.
There shall be a brass curb-cock in each service pipe under the exclusion control of the
city council. Such curb-cock shall be placed in the pipe on the outer side of the sidewalk,
just inside the curb or at the alley line, and no person not a direct employee of the city
council shall open or close or otherwise interfere with curb-cock. Such curb-cock shall be
provided with a box or tube or approved pattern, and the top of each box or tube shall be
placed on the level with the grade of the sidewalks or alley, and no premises shall be
supplied without such box being in good order. In case of neglect or refusal of the occupant
or owner to provide or repair the box within a reasonable time, when notified, the water
department shall cause it to be done and charge the expense against the premises, to be
collected with the bill of supply of water that shall become due against such premises. Each
service pipe must be furnished with a stop-cock and waste below the action of the frost, so
situated that the water can be conveniently shut off and drained from the pipe to prevent
freezing. There shall also be a stop-cock in every attachment located at the first suitable
point beyond the street or alley limits to enable consumers to turn the water off in case of
accident to the pipes on the premises.
(Prior code § 15-1-14)
13.04.150 Guarding excavations.
No excavation in any street or public place shall be left open overnight, except in cases of
necessity in which event the water department must maintain suitable barriers and signals of
warning during the night.
(Prior code § 15-1-15)
13.04.160 Return of plumber.
All plumbers shall make full returns of the ordinary and special uses to which water is
designated to be applied under any permit granted by the city, with a description of all
apparatus and arrangements for using the water in every case. This return is to be made by
the plumber who does the work, within forty-eight (48) hours after completion of such work,
to the city water department. For any misrepresentations or omissions in the statement of
the work done, or appurtenance set, through which there may be water used, the plumber may
be suspended or his or her license may be revoked.
(Prior code § 15-1-16)
13.04.170 Penalties.
Any person who shall lay any water service pipe or introduce into or about any building or
on any grounds, any water pipes, or do any plumbing work in any building or on any grounds
for the purpose of connecting such pipes or plumbing with the pipes of the city water works,
or preparing them for such connecting with a view of leaving such premises supplied with
water by such water works, or who shall make any additions or altercations of any water
pipes, water closet, stop-cock, or other fixtures or apparatus for the supply of any
premises with water without first having obtained a permit in writing for doing such work
from the water department of Britton, shall be subject to fine as provided in this chapter.
(Prior code § 15-1-17)
13.04.180 Rent must be paid before water turned on.
The water will not be turned on in any house or private service pipe, until the applicant
shall have paid the rent due and shall exhibit his or her receipt therefor.
(Prior code § 15-1-18)
13.04.190 Right of access to premises for inspection.
The sheriff or such person the sheriff may direct shall be authorized to enter and have free
access at all reasonable hours to premises, to ascertain the location or condition of all
hydrants, pipes, or other fixtures attached to the water works; and in case he or she finds
waste because of negligence or want of repairs, and if such waste is not immediately
remedied, the water leading to such premises shall be turned off. It shall be the duty of
such officers in case they discover any defect in the private service pipe or in the street,
to give notice in writing to be left at the premises, and if necessary repairs are not made
within twenty-four (24) hours thereafter, the water shall be turned off, and shall be turned
on again after the shutoff fee has been paid to the municipal finance officer of the city.
The water rates and charges shall be established by the governing body and on file in the
office of the finance officer.
(Ord. 397 § 15-1-19, 1996; prior code § 15-1-19)
13.04.200 Must repair connections.
Persons taking water from distributing pipe must keep their service pipe and fixtures
connected with it in good repair and protected from frost at their own expense, and must
prevent all unnecessary waste, or the water will be shut off. No abatement shall be allowed
from the price charged or agreed upon by reasons of the break, nor will the city, its mayor,
or city council, in any case be liable or responsible for any damage growing out of the
stoppage of such water or any insufficient supply of the water as to quality or quantity.
All persons using water from the waterworks for any purpose whatever will do so at their own
risk.
(Prior code § 15-1-20)
13.04.210 Notice to discontinue.
Any persons desirous of discontinuing the use of water must give notice in writing to the
water department, on or before the day to which the rent has been paid, or they will be
charged with water rent to the next rent day.
(Prior code § 15-1-21)
13.04.220 Service pipes supplying more than one.
Service pipes intended to supply two or more distant premises must be provided with separate
curb-cocks and shut-off boxes for each premises on the outside of the lot line, or when only
one curb-cock is used, the person or persons controlling the curb-cock must pay the water
rent of the parties who are thus supplied, as separate water rates will not be made without
separate curb-cocks.
(Prior code § 15-1-22)
13.04.230 Unnecessary waste of water.
Hydrants, taps, hose, water closets, urinals, bath, and other fixtures will not be permitted
to be kept running when not in use, and it is made the duty of the water department to
enforce this section, and also notify the consumers of the unnecessary waste of water on
their premises. If for forty-eight (48) after being notified that water is being wasted, and
the necessary repairs are not made, the water department shall without delay shut off the
water on the premises and before it shall be turned on, the consumer shall pay the fine as
provided in this chapter.
(Prior code § 15-1-23)
13.04.240 City may shut off water for repairs.
The city reserves the right at any time to shut off the water on the main pipe for the
purpose of repairing the main pipe, making connections or extensions to the main pipe, or
for the purpose of cleaning the main pipe, and it is expressly understood that no claim
shall be made against the city by reason of the breaking of the service pipe or service
curb-cock, or from any damage arising from shutting off the supply for repairing, laying, or
relaying the main pipe, hydrants, or other connections. It is made the duty of the water
department to give such reasonable notice as shall be practicable.
(Prior code § 15-1-24)
13.04.250 Changing pipes to conform with chapter.
Pipes and appurtenances already put in which are not in accordance with the provisions of
this chapter must be made to comply with the rules laid down in this chapter, and if not
complied with in a reasonable time, the water supply will be cut off.
(Prior code § 15-1-25)
13.04.260 Public hydrants.
All hydrants located in the city for the purpose of extinguishing fires in such city, are
declared to be public hydrants, and no person or persons, other than members of the fire
department of the city, for the use and purposes of the department, and those especially
authorized by the water department, shall draw water from the hydrant; or in any manner
interfere with or injure any of the hydrants. Any person violating any of the provisions of
this section shall upon conviction of such violation be fined a maximum of two hundred
dollars ($200.00) or thirty (30) days in jail, or both fine and imprisonment.
(Ord. 439 § 15-1-26, 2001; prior code § 15-1-26)
13.04.270 Enforcement of rules.
It shall be the duty of the water department, chief of the fire department, and all persons
in the employ of the city having police powers to enforce the foregoing rules by making
prompt complaint before the city council, against such persons violating such rules.
(Prior code § 15-1-27)
13.04.280 Regulations for openings.
In case any person, firm, corporation owning property fronting any of the streets, alleys,
or avenues mentioned in this chapter shall show to the city engineer that they have failed
to install water, sewer, and gas connections prior to the laying of the pavement in such
streets, alleys, and avenues through any sufficient cause, or that the sewer, water, and gas
mains already installed on such streets, alleys, or avenues have become defective and in
need of repair, or in case any public service corporation shall desire to open such pavement
for the laying of mains and conduits, they shall make application for permit for such
excavation as provided in this chapter; provided, that if such excavation contemplates
installation of water or sewer services, the water department shall be notified of such
application by the city foreman prior to the granting of such permit.
(Prior code § 15-1-28)
13.04.290 Restrictions--Sprinkling, air conditioning.
All water used for air cooling systems, lawn or garden sprinkling is subordinate to domestic
use or fire protection and may be restricted by the city council at any time, should the
scarcity of water or an emergency of any kind so require. Such restrictions shall be imposed
by resolution of the city council, and notice of such restrictions in the official
newspaper, and if possible, by radio announcement at least twenty-four (24) hours before the
effective date of such restrictions; and it is unlawful for any person, firm, or corporation
to use city water in the manner or at the time restricted by such resolution.
(Prior code § 15-1-29)
Chapter 13.08
WATER RATES
Sections:
13.08.010 Prepayment of minimum rate required.
13.08.020 Domestic and commercial water rates within the city.
13.08.030 Consumers outside the city limits.
13.08.040 Water charges when delinquent.
13.08.050 Leaks and waste.
13.08.060 Owner, lessee liable.
13.08.070 Service availability rate.
13.08.010 Prepayment of minimum rate required.
All consumers of water furnished to premises shall pay to a designated collection office,
the minimum rate required in advance for a monthly period. The water billings shall be
divided into three wards.
(Ord. 367 § 1, 1993; prior code § 15-2-1)
13.08.020 Domestic and commercial water rates within the city.
The rate to be charged for water usage shall be established by the governing body and on
file in the office of the finance officer.
(Ord. 367 § 2, 1993; Ord. 356 § 1, 1992; Ord. 328 § 1, 1986; prior code § 15-2-2)
13.08.030 Consumers outside the city limits.
Water rates for consumers located outside the city limits of Britton shall be the rate
charged within the city limits plus fifty (50) percent. The city council of the city
reserves the right to restrict water service or terminate water service to consumers outside
the city limits.
(Prior code § 15-2-3)
13.08.040 Water charges when delinquent.
The rate to be charged for water late fee when accounts become delinquent shall be
established by the governing body by resolution and on file in the office of the finance
officer.
(Ord. 395 § 1, 1995: prior code § 15-2-4)
13.08.050 Leaks and waste.
No allowance will be made on water bills for excessive use occasioned by leaks or waste.
(Prior code § 15-2-5)
13.08.060 Owner, lessee liable.
The owner of private property, which property has upon its pipes connected with the city
waterworks to convey water upon such property, shall, as well as the lessee or occupant of
the premises, be liable to the city for the rents or rates of all water from such waterworks
used upon such premises, which may be recovered in an action against such owner, lessee, or
occupant or against any or all of them.
(Prior code § 15-2-6)
13.08.070 Service availability rate.
There is established a service availability rate for residential and commercial water and
sanitary sewer accounts during extended periods of vacancy of thirty (30) continuous days or
more.
The service availability rate shall be a monthly charge of five dollars ($5.00) for water
and five dollars ($5.00) for sanitary sewer to be due to the city each month in which the
water service is disconnected at the street connection.
The service availability rate shall become effective upon notification to the city by the
property owner to disconnect the water service.
The service availability rate shall be removed once the water has been reconnected at the
property and the owner begins monthly utility payments.
The service availability rate shall not apply when a mobilehome, building or other structure
is removed from the property.
The service availability rate shall not apply to any residential or commercial location that
has been disconnected from water for a period of twenty-four (24) months. Further, this
twenty-four (24) month period shall be retroactive for purposes of grandfathering in any
residential or commercial locations that have been vacant for more than twenty-four (24)
months at this time.
(Ord. 491 (part), 2007)
Chapter 13.12
SEWER SERVICE SYSTEM
Sections:
13.12.010 Definitions.
13.12.020 Use of public sewers required.
13.12.030 Private wastewater disposal.
13.12.040 Sanitary sewers, building sewers and connections.
13.12.050 Use of the public sewers.
13.12.060 Powers and authority of inspectors.
13.12.070 Penalties.
13.12.080 Causing or permitting certain water to run into sanitary sewer.
13.12.010 Definitions.
Unless the context specifically indicates otherwise, the meaning of terms used in this
chapter shall be as follows:
"Biochemical oxygen demand (BOD)" means the quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure in five days at twenty (20)
degrees Centigrade, expressed in milligrams per liter.
"Building drain" means 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 feet (1.5 meters) outside the
inner face of the building wall.
"Building sewer" means the extension from the building drain to the public sewer or other
place of disposal, also called house connection.
"City" means the city of Britton, South Dakota.
"Combined sewer" means a sewer intended to receive both wastewater and storm or surface
water.
"Easement" means an acquired legal right for the specific use of land owned by others.
"Floatable oil" means oil, fat, or grease in a physical state such that it will separate by
gravity from wastewater by treatment in an approved pretreatment facility. A wastewater
shall be considered free of floatable fat if it is properly pretreated and the wastewater
does not interfere with the collection system.
"Garbage" means the animal and vegetable waste resulting from the handling, preparation,
cooking, and serving of foods.
"Industrial wastes" means the wastewater from industrial processes, trade, or business as
distinct from domestic or sanitary wastes.
"Natural outlet" means any outlet, including storm sewers and combined sewer overflows, into
a watercourse, pond, ditch, lake, or other body of surface or groundwater.
"May" is permissive.
"Person" means any individual, firm, company, association, society, corporation, or group.
"pH" means 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.
"Properly shredded garbage" means 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 two inches (1.27 centimeters) in any dimension.
"Public sewer" means a common sewer controlled by a governmental agency or public utility.
"Sanitary sewer" means a sewer that carries liquid and water-carried wastes from residences,
commercial buildings, industrial plants, and institutions together with minor quantities of
ground, storm, and surface waters that are not admitted intentionally.
"Sewage" means the spent water of a community. The preferred term is "wastewater."
"Sewer" means a pipe or conduit that carries wastewater or drainage water.
"Shall" is mandatory.
"Slug" means any discharge of water or wastewater which in concentration of any given
constituent or in quantity of flow exceeds for any period of duration longer than fifteen
(15) minutes more than five times the average twenty-four (24) hour concentration or flows
during normal operation and shall adversely affect the collection system and/or performance
of the wastewater treatment works.
"Storm drain" (sometimes termed "storm sewer") means a drain or sewer for conveying water,
groundwater, subsurface water, or unpolluted water from any source.
"Superintendent" means the superintendent of wastewater facilities, and/or of wastewater
treatment works, and/or of water pollution control of Britton, or his or her authorized
deputy, agent, or representative.
"Suspended solids" means total suspended matter that either floats on the surface of, or is
in suspension in water, wastewater, or other liquids, and that is removable by laboratory
filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater"
and referred to as nonfilterable residue.
"Unpolluted water" means 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 wastewater treatment
facilities provided.
"Wastewater" means 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
stormwater that may be present.
"Wastewater facilities" means the structures, equipment, and processes required to collect,
carry away, and treat domestic and industrial wastes and dispose of the effluent.
"Wastewater treatment works" means an arrangement of devices and structures for treating
wastewater, industrial wastes, and sludge. Sometimes used as synonymous with "waste
treatment plant" or "wastewater treatment plant" or "water pollution control plant."
"Watercourse" means a natural or artificial channel for the passage of water either
continuously or intermittently.
(Ord. 424 § 15-3-1, 2000)
13.12.020 Use of public sewers required.
A. It is unlawful for any person to place, deposit, or permit to be deposited
in any unsanitary manner on public or private property within the city, or in any area under
the jurisdiction of the city, any human or animal excrement, garbage, or other objectionable
waste.
B. It is unlawful to discharge to any natural outlet within the city, or in any
area under the jurisdiction of the city, any sewage or other polluted waters, except where
suitable treatment has been provided in accordance with subsequent provisions of this
chapter.
C. Except as hereafter provided, it is unlawful to construct or maintain any
privy, privy vault, septic tank, cesspool, or other facility intended or used for the
disposal of wastewater.
D. The owner(s) of all houses, buildings, or properties used for human
occupancy, employment, recreation, or other purposes, situated within the city and abutting
on any street, alley, or right-of-way in which there is now located or may in the future be
located a public sanitary or combined sewer of the city, is required at the owner(s) expense
to install suitable toilet facilities therein, and to connect such facilities directly with
the proper public sewer in accordance with the provisions of this chapter, within thirty
(30) days after date of official notice to do so, provided that such public sewer is within
four hundred (400) feet of the property line.
(Ord. 424 § 15-3-2, 2000)
13.12.030 Private wastewater disposal.
A. Where a public sanitary or combined sewer is not available under the
provisions of Section 13.12.020(D), the building sewer shall be connected to a private
wastewater disposal system complying with the provisions of this section.
B. Before commencement of construction of a private wastewater disposal system
the owner(s) shall first obtain a written permit signed by the city superintendent. The
application for such permit shall be made on a form furnished by the city, which the
applicant shall supplement by any plans, specifications, and other information as are deemed
necessary by the superintendent. A permit and inspection fee of fifteen dollars ($15.00)
shall be paid to the city at the time the application is filed.
C. A permit for a private wastewater 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
any 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 twenty-four (24) hours of the receipt of notice by the superintendent.
D. The type, capacities, location, and layout of a private wastewater 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 wastewater disposal system
employing subsurface soil absorption facilities where the area of the lot is less than
twenty thousand (20,000) square feet on lots platted before February 28, 1975. No septic
tank or cesspool shall be permitted to discharge to any natural outlet.
E. At such time as a public sewer becomes available to a property served by a
private wastewater disposal system, as provided in subsection D of this section, 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 wastewater disposal facilities
shall be cleaned of sludge and filled with suitable material.
F. The owner(s) shall operate and maintain the private wastewater disposal
facilities in a sanitary manner at all times, at no expense to the city.
G. No statement contained in this section shall be construed to interfere with
any additional requirements that may be imposed by the health officer.
(Ord. 424 § 15-3-3, 2000)
13.12.040 Sanitary sewers, building sewers and connections.
A. No unauthorized person(s) shall uncover, make any connections with or
opening into, use, alter, or disturb any public sewer or appurtenance of such sewer without
first obtaining a written permit from the superintendent.
B. There shall be two classes of building sewer permits: (1) for residential
and commercial service, and (2) for service to establishments producing industrial wastes.
In either case, the owner(s) or his or her agent shall make application on a special form
furnished by the city. The permit application shall be supplemented by any plans,
specifications, or other information considered pertinent in the judgment of the
superintendent. A permit and inspection fee of fifteen dollars ($15.00) for a residential or
commercial building sewer permit and fifteen dollars ($15.00) for an industrial building
sewer permit shall be paid to the city at the time the application is filed.
C. All costs and expense incidental to the installation and connection of the
building sewer shall be borne by the owner(s). The owner(s) shall indemnify the city from
any loss or damage that may directly or indirectly be occasioned by the installation of the
building sewer.
D. A separate and independent building sewer shall be provided for every
building; except where one building stands at the rear of another on an interior lot and no
private sewer is available or can be constructed to the rear building through an adjoining
alley, court, yard, or driveway, the building sewer from the front building may be extended
to the rear building and the whole considered as one building sewer, but the city does not
and will not assume any obligation or responsibility for damage caused by or resulting from
any such single connection.
E. Old building sewers may be used in connection with new buildings only when
they are found, on examination and test by the superintendent, to meet all requirements of
this chapter.
F. The size, slope, alignment, materials of construction of all sanitary sewers
including building sewers, 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. In the
absence of suitable code provisions or in amplification of such provisions, 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.
G. 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 building drain
shall be lifted by an approved means and discharged to the building sewer.
H. No person(s) shall make connection of roof downspouts, 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.
I. 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 such connections shall be made gas tight and
watertight and verified by proper testing. Any deviation from the prescribed procedures and
materials must be approved by the superintendent before installation.
J. 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 or
her representative.
K. All excavations for building sewer installation 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.
L. Property not assessed for or not having paid its just proportion of the cost
of construction of a public sewer to be connected with, and the fees for such tapping not
having been fixed by special ordinance of the city, shall pay to the municipal finance
officer as a special tapping fee such sum as such property would be justly assessed on
account of the construction of such sewer, had such property been in the district taxed, the
amount to be determined by the city council prior to the granting of any such permit.
(Ord. 424 § 15-3-4, 2000)
13.12.050 Use of the public sewers.
A. No person(s) shall discharge or cause to be discharged any unpolluted waters
such as stormwater, surface water, groundwater, roof runoff, subsurface drainage, or cooling
water to any sewer, except stormwater runoff from limited areas, which stormwater may be
polluted at times, may be discharged to the sanitary sewer by permission of the
superintendent.
B. Stormwater other than that exempted under subsection A of 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.
C. No person(s) shall discharge or cause to be discharged any of the following
described water or wastes to any public sewers:
1. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive
liquid, solid, or gas;
2. 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 wastewater
treatment plant;
3. 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 wastewater works;
4. 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
wastewater 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.
D. The following described substances, materials, waters, or waste shall be
limited in discharges to municipal systems to concentrations or quantities which will not
harm either the sewers, wastewater 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 limitations or restrictions on materials or characteristics of
waste or wastewaters discharged to the sanitary sewer, which shall not be violated are as
follows:
1. Wastewater having a temperature higher than three hundred fifty (350)
degrees Fahrenheit (65 degrees Celsius);
2. Wastewater containing more than twenty-five (25) milligrams per liter of
petroleum oil, nonbiodegradable cutting oils, or product of mineral oil origin;
3. Wastewater from industrial plants containing floatable oils, fat, or grease;
4. Any garbage that has not been properly shredded;
5. Any radioactive wastes or isotopes of such half-life or concentration as may
exceed applicable state or federal regulations;
6. Quantities of flow, concentrations, or both which constitute a slug as
defined in this chapter;
7. Waters or wastes containing substances which are not amenable to treatment
or reduction by the wastewater treatment processes employed, or are amenable to treatment
only to such degree that the wastewater treatment plant effluent cannot meet the
requirements of other agencies having jurisdiction over discharge to the receiving waters;
8. Any water or wastes that, by interaction with other water or wastes in the
public sewer system, release obnoxious gasses, form suspended solids which interfere with
the collection system, or create a condition deleterious to structures and treatment
processes.
E. If any waters or wastes are discharged, or are proposed to be discharged to
the public sewers, which waters contain the substances or possess the characteristics
enumerated in subsection D of this section, and which in the judgment of the superintendent,
may have a deleterious effect upon the wastewater facilities, processes, equipment, or
receiving waters, or which otherwise create a hazard to life or constitute a public
nuisance, the superintendent may:
1. Reject the wastes;
2. Require pretreatment to an acceptable condition for discharge to the public
sewers;
3. Require control over the quantities, and rates of discharge; and/or
4. 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 subsection J of this
section;
5. If the superintendent permits the pretreatment or equalization of waste
flows, the design and installation of the plants and equipment shall be subject to the
review and approval of the superintendent.
F. Grease, oil, and sand interceptors shall be provided when, n the opinion of
the superintendent, they are necessary for the proper handling of liquid wastes containing
floatable grease in excessive amounts as specified in subsection (D)(3) of this section, 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.
G. 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 or her expense.
H. 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 or her expense,
and shall be maintained by him or her so as to be safe and accessible at all times.
I. The superintendent may require a user of sewer services to provide
information needed to determine compliance with this chapter. These requirements may
include:
1. Wastewaters discharge peak rate and volume over a specified time period;
2. Chemical analyses of wastewaters;
3. Information on raw materials, processes, and products affecting wastewater
volume and quality;
4. Quantity and disposition of specific liquid, sludge, oil, solvent, or other
materials important to sewer use control;
5. A plot plan of sewers of the user's property showing sewer and pretreatment
facility location;
6. Details of wastewater pretreatment facilities;
7. Details of systems to prevent and control the losses of materials through
spills to the municipal sewer.
J. 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 the Examination of Water and Wastewater," 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.
K. No statement contained in this section 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.
(Ord. 424 § 15-3-5, 2000)
13.12.060 Powers and authority of inspectors.
A. 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.
B. 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 wastewater collection system. The industry may withhold
information considered confidential. The industry must establish that the revelation to the
public of the information in question might result in an advantage to competitors.
C. While performing the necessary work on private properties referred to in
subsection A of 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 Section
13.12.050(H).
D. 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 holds a duly negotiated easement for the purposes of, but not limited
to, inspection, observation, measurement, sampling, repair, and maintenance of any portion
of the wastewater facilities lying within such easement. All entry and subsequent work, if
any, on such easement, shall be done in full accordance with the terms of the duly
negotiated easement pertaining to the private property involved.
(Ord. 424 § 15-3-6, 2000)
13.12.070 Penalties.
A. Any person found to be violating any provision of this chapter 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 of such violation. The offender shall,
within the period of time stated in such notice permanently cease all violations.
B. Any person who shall continue any violation beyond the time limit provided
for in subsection A of this section, shall be guilty of a misdemeanor, and on conviction of
such violation shall be fined in the amount not exceeding two hundred dollars ($200.00) for
each violation. Each day in which any such violation shall continue shall be deemed a
separate offense.
C. Any person violating any of the provisions of this chapter shall become
liable to the city for any expense, loss, or damage occasioned the city by reason of such
violation.
(Ord. 424 § 15-3-7, 2000)
13.12.080 Causing or permitting certain water to run into sanitary sewer.
A. It is unlawful for any person or for the owner or occupant of any premises
in the city to discharge or permit to be discharged or cause to be discharged into the
sanitary sewer system of the city, or into any drain or sewer connected with such sanitary
sewer system, any stormwater whatever from the roofs of buildings, from the overflow of
cisterns, stormwater, surface water, groundwater, footing drains, cooling water or
unpolluted industrial process waters or otherwise; and no person shall allow water to run a
sump and then allow such water to be pumped from there to the sanitary sewer system; except
sump pumps may discharge into sanitary sewers located in a family dwelling house between
October 31st and April 1st, provided that all plumbing is visible for inspection and no
storm sewer is available for discharge.
B. It is lawful for the mayor, members of the board of commissioners, city
engineer, the housing, building, plumbing, electrical and zoning official or its agents or
employees to enter any building within the city which is connected therewith to the sanitary
sewer system of the city, to ascertain if the prohibited acts in subsection A of this
section are being violated, and they and each of them shall have the right to enter such
premises or building at all reasonable hours, and it is unlawful for any person to resist
such entry.
C. If the owner or occupant of any premises shall refuse access to the premises
by the officers or employees of the city for such purposes, the premises may be disconnected
from the sanitary sewer system of the city.
(Ord. 424 § 15-3-9, 2000)
Chapter 13.16
SEWER RATES
Sections:
13.16.010 Purpose.
13.16.020 Determining the total annual cost of operation and maintenance.
13.16.030 Determining each user's wastewater contribution percentage.
13.16.040 Determining a surcharge system for users with excess BOD and TSS.
13.16.050 Determining each user's wastewater service charge.
13.16.060 Wastewater facilities replacement fund.
13.16.070 Payment of the user's wastewater service charge and penalties.
13.16.080 Review of each user's wastewater service charge.
13.16.090 Notification.
13.16.100 Wastes prohibited from being discharged to the wastewater treatment system.
13.16.110 Prohibition of clear water connections.
13.16.120 Proper design and construction of new sewers and connections.
13.16.130 Service availability rate.
13.16.010 Purpose.
The purpose of this chapter is to generate sufficient revenue to pay all costs for the
operation and maintenance of the complete wastewater system. The costs shall be distributed
to all users of the 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).
(Ord. 423 § 15-4-1, 2000)
13.16.020 Determining the total annual cost of operation and maintenance.
The city or its city engineer, shall determine the total annual costs of operation and
maintenance of the wastewater 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.
(Ord. 423 § 15-4-3, 2000)
13.16.030 Determining each user's wastewater contribution percentage.
A. The city or its city engineer shall determine for each user or user class
the average daily volume of wastewater discharged to the wastewater system, which shall then
be divided by the average daily volume of all wastewater discharged to the wastewater system
to determine such user's volume contribution percentage. The amount used as the total
average daily volume of wastewater shall exclude infiltration and inflow. The city, or its
city engineer, shall determine for each user or user class the average daily poundage of
five-day twenty (20) degree Centigrade biochemical oxygen demand (BOD) discharged to the
wastewater system which shall then be divided by the average daily poundage of all five-day
BOD discharged to the wastewater system to determine such user's BOD contribution
percentage.
B. The city or its city engineer shall determine for each user or user class
the average daily total suspended solids (TSS) poundage discharged to the wastewater system
which shall then be divided by the average daily poundage of all TSS discharged to the
wastewater system. to determine such user's TSS contribution percentage. The volume
contribution percentage, BOD contribution percentage and TSS contribution percentage for
each user or user class shall be multiplied by the annual operation and maintenance costs
for wastewater treatment of the total volume flow, total five-day twenty (20) degree
Centigrade BOD and total TSS, respectively.
(Ord. 423 § 15-4-3, 2000)
13.16.040 Determining a surcharge system for users with excess BOD and TSS.
The city or its city engineer will assess a surcharge rate for all nonresidential users
discharging wastes with BOD and TSS strengths greater than the average residential user.
Such users will be assessed a surcharge sufficient to cover the cost of treating their
above-normal strength wastes. Normal strength wastes are considered to be two hundred (200)
ppm BOD and two hundred forty (240) ppm TSS. The surcharge rate structure for such
above-normal strength waste dischargers is included as Appendix A at the end of this
chapter.
(Ord. 423 § 15-4-4, 2000)
13.16.050 Determining each user's wastewater service charge.
Each nonresidential user's wastewater treatment cost contribution as determined in Sections
13.16.030 and 13.16.040 shall be added together to determine such user's annual wastewater
service charge. Residential users may be considered to be one class of user and an equitable
service charge may be determined for each user based on an estimate of the total wastewater
contribution of this class of user. The governing body may classify industrial, commercial,
and other nonresidential establishments as a residential user, provided that the wastes from
these establishments are equivalent to the wastes from the average residential user with
respect to volume, total suspended solids, and BOD. Each user's wastewater treatment cost
contribution will be assessed in accordance with the rate schedule of Appendix B at the end
of this chapter.
(Ord. 423 § 15-4-5, 2000)
13.16.060 Wastewater facilities replacement fund.
A reserve fund called the "Wastewater Facilities Replacement Fund" is established within the
wastewater utility fund for the purpose of providing sufficient funds to be expended for
obtaining and installing equipment, accessories and appurtenances during the useful life,
twenty (20) years, of the wastewater treatment facilities necessary to maintain the capacity
and performance for which such facilities are designed and constructed (see Appendix C at
the end of this chapter).
(Ord. 423 § 15-4-6, 2000)
13.16.070 Payment of the user's wastewater service charge and penalties.
The city shall add a penalty of two dollars and fifty cents ($2.50) per month if payment is
not received by the city by the fifteenth of the billed month. Should any user fail to pay
the user wastewater service charge and penalty within two months of the due date, the city
may stop the wastewater service to the property.
(Ord. 423 § 15-4-7, 2000)
13.16.080 Review of each user's wastewater service charge.
The city shall review the total annual cost of operation and maintenance as well as each
user's wastewater 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 in
this chapter and to assure that sufficient funds are obtained to adequately operate and
maintain the wastewater treatment works. The city shall apply excess revenues collected from
a class of users to the costs of operation and maintenance attributed to that class for the
next year and adjust the rate accordingly. If a significant user, such as an industry, has
completed in-plant modifications which would change that user's wastewater 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 wastewater
contribution percentage is to be changed. The city shall notify the user of its finding as
soon as possible.
(Ord. 423 § 15-4-8, 2000)
13.16.090 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 wastewater treatment
services.
(Ord. 423 § 15-4-9, 2000)
13.16.100 Wastes prohibited from being discharged to the wastewater treatment system.
A. 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 is prohibited.
B. Each user which discharges any toxic pollutants, which cause an increase in
the cost of managing the effluent or the sludge of the Britton wastewater treatment works
shall pay for such increased costs. (The city's "Regulation of Sewer Use" ordinance contains
additional requirements covering the use of the city's public sewers.)
(Ord. 423 § 15-4-10, 2000)
13.16.110 Prohibition of clear water connections.
No person shall make connection of roof downspouts, exterior 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.
(Ord. 423 § 15-4-11, 2000)
13.16.120 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 and the state of
South Dakota in the absence of code provision 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. (The city's "Regulation of Sewer Use" ordinance contains
additional requirements covering the proper design and construction of the city's sanitary
sewer, building sewer, and connections.)
(Ord. 423 § 15-4-12, 2000)
13.16.130 Service availability rate.
There is established a service availability rate for residential and commercial water and
sanitary sewer accounts during extended periods of vacancy of thirty (30) continuous days or
more.
The service availability rate shall be a monthly charge of five dollars ($5.00) for water
and five dollars ($5.00) for sanitary sewer to be due to the city each month in which the
water service is disconnected at the street connection.
The service availability rate shall become effective upon notification to the city by the
property owner to disconnect the water service.
The service availability rate shall be removed once the water has been reconnected at the
property and the owner begins monthly utility payments.
The service availability rate shall not apply when a mobilehome, building or other structure
is removed from the property.
The service availability rate shall not apply to any residential or commercial location that
has been disconnected from water for a period of twenty-four (24) months. Further, this
twenty-four (24) month period shall be retroactive for purposes of grandfathering in any
residential or commercial locations that have been vacant for more than twenty-four (24)
months at this time.
(Ord. 491 (part), 2007)Appendix ASurcharge Rate Schedule for Above Normal Strength WastesThe
City of Britton, or its Engineer, has determined that the average total suspended solids
(TSS) and 5-day biochemical oxygen demand (BOD) daily loadings for the average residential
user are 200 ppm BOD and 240 ppm TSS. The City of Britton, or its Engineer, has assessed a
surcharge rate for all non-residential users discharging wastes with BOD and TSS strengths
greater than the average residential user. The surcharge will be sufficient to cover the
costs of treating such users above normal strength wastes. Such users classified by the City
as Industrial users will pay a base rate of $15.00 per month with an additional service
charge of $3.00 per 1,000 gallons of water used per month.Appendix BRate ScheduleResidential
and Commercial users are considered to be one class of user and are assessed a base charge
of $15.00 per month plus an overage charge of $1.00 per 1,000 gallons of water used over
15,000 gallons per month.Industrial users are assessed a base rate of $15.00 per month with
an additional service charge of $3.00 per 1,000 gallons of water used per month.Appendix
CWastewater Facilities Replacement Fund ScheduleThe replacement fund called the Wastewater
Facilities Replacement Fund established within the wastewater utility fund as an
interest-bearing account shall be funded by a deposit of approximately $14,500 per year
obtained from the wastewater utility fund at the end of each fiscal year.Appendix
DWastewater Facilities Reserve FundThe City of Britton has established a Wastewater
Facilities Reserve Fund within the wastewater utility fund as an interest-bearing account
that is funded by a deposit of $6,187.00 per year for 20 years. Moneys shall be obtained
from the wastewater utility fund at the end of each fiscal year.Appendix A Supplement 1Sewer
Use ChargeOrdinance No. _______Sec. 1. Estimated Users--1999/2000
Class of Users No. Users Multiplier Adi. No.
Residential 600 x 1 600
Commercial 50 x 1 50
Industrial 3 x 1 3
Totals 653 653
Sec. 2. Debt Retirement$495,935 SRF loan at 4 1/2% for 10 years
Amortized Annual Costs $61,868.00
10% Reserve (approx.) $ 6,187.00
Annual Debt Retirement $68,055.00
Monthly Debt Retirement $ 5,671.25
Monthly User Charge Ea. (with adjusted 653 users) $ 8.68
Appendix A Supplement 2Sewer Use ChargeOrdinance No. _________Sec. 1 Estimated Annual
Operation and Maintenance Costs 1999/2000
Labor Costs $11, 351.00
Utilities $904.00
Materials and Supplies $7,419.00
Outside Services $14,053.00
Miscellaneous $847.00
Equipment Replacement $207.00
Total Annual Operation & Maintenance Costs $34,781.00
Total Monthly Operation & Maintenance Costs $2,894.42
User Monthly Operation & Maintenance Costs (with adjusted 653 users) $4.44
Title 14
(RESERVED)
Title 15
BUILDINGS AND CONSTRUCTION
Chapters:
15.04 Building Code Adopted
Chapter 15.04
BUILDING CODE ADOPTED
Sections:
15.04.010 Adoption of Building Code.
15.04.010 Adoption of Building Code.
A. There is adopted by the city the Uniform Building Code, current edition,
copyrighted by the International Conference of Building Officials, together with any
amendments and additions to it for the purpose of prescribing regulations for the erection,
construction, enlargement, alteration, repair, removal, conversion, demolition, occupancy,
equipment, use, height, area, and maintenance of buildings and structures within the
municipality.
B. One full printed copy of the code is on file in the office of the municipal
finance officer, and shall be known and designated as the "Building Code of the city of
Britton."
(Ord. 317 § 1, 1984: prior code § 4-1-1)
Title 16
SUBDIVISIONS
Chapters:
16.04 Title and Purpose
16.08 Legal Provisions
16.12 Procedures (Preliminary Plats, Final Plats and Vacation of Plats)
16.16 General Requirements and Design Standards
16.20 Improvements Required for Final Plat Approval
16.24 Final Approval
16.28 Variances and Amendments
16.32 Enforcement and Penalty
Chapter 16.04
TITLE AND PURPOSE
Sections:
16.04.010 Title.
16.04.020 Purpose.
16.04.010 Title.
These regulations may be referred to as the "Subdivision Ordinance for the City of Britton,
South Dakota" and the area of extraterritorial jurisdiction.
(Ord. No. 506, 11-9-2009)
16.04.020 Purpose.
It is the purpose of this title to regulate the subdivision of land so as to coordinate
streets/roads with other subdivisions and uses, to provide water and sanitation facilities,
drainage and flood control, to foster efficient and orderly urban growth compatible with the
natural environment, to minimize cut and fill operations, to prevent premature land
subdivision and to conform with the comprehensive plan for the city and its area of
extraterritorial jurisdiction.
(Ord. No. 506, 11-9-2009)
Chapter 16.08
LEGAL PROVISIONS
Sections:
16.08.010 Jurisdiction.
16.08.020 Conflict.
16.08.030 Separability.
16.08.040 Definitions.
16.08.010 Jurisdiction.
The provisions of this title shall apply to all land located within the area established in
the most current comprehensive plan, the most current official zoning map and the official
boundaries of the city of Britton, South Dakota.
(Ord. No. 506, 11-9-2009)
16.08.020 Conflict.
These regulations are not intended to interfere with or annul any other city ordinances or
regulation. Where any of these regulations are at variance with other rules, statutes,
ordinances or regulations, those imposing higher standards shall prevail.
(Ord. No. 506, 11-9-2009)
16.08.030 Separability.
Should any section or provision of these regulations be declared by the courts to be
unconstitutional or invalid, such decision shall not affect the validity of the remainder of
the ordinance codified in this chapter.
(Ord. No. 506, 11-9-2009)
16.08.040 Definitions.
For the purpose of these regulations, certain numbers, abbreviations, terms and words used
herein shall be used, interpreted, and defined as set forth in this section.
"Alley" means public or private ways that are used primarily for vehicular service accesses
to the backs or to the sides of properties which otherwise abut on the street.
"Arterial street" means street designed or utilized primarily for high vehicular speeds or
for heavy volumes of traffic.
"Blocks" means a tract of land bounded by streets, or by a combination of streets, public
parks, railroad right-of-ways, shoreline of waterways, or municipal boundaries.
"Central sewerage system" means a community sewer system including collection and treatment
and distribution established by the developer to serve a subdivision in the extraterritorial
jurisdiction.
"Central sewerage system subdivision" means a community sewer system including collection
and treatment facilities established to serve a subdivision.
"Central water systems" means a community water system including treatment and distribution
established by the developer to serve a subdivision in the extraterritorial jurisdiction.
"City" means city of Britton, South Dakota.
"City council" means the city council of Britton, South Dakota.
"City finance officer" means the duly appointed and acting city finance officer.
"Collector street" means a road intended to move traffic from local streets to arterial
streets.
"Comprehensive plan" means the master plan or general plan for the development and
improvement of Britton, South Dakota, as adopted by the city council.
"Cul-de-sac" means a local street with one end open to traffic and the other end terminated
by a turn-around.
"Easement" means an authorization by a property owner for the use of the owner's property by
another for a specific purpose on a designated part of his or her property. (All utility
easements and their location shall be uniform in location on each lot throughout the new
subdivision.)
"Extraterritorial jurisdiction" means an area outside of the corporate city limits of the
city where the city has say in the planning and development of properties that may affect
the overall future growth and development of the city. As of 2009, the city has a three-mile
area from its corporate city limits for review of building permits, plats, and re-zoning
requests submitted to Marshall County.
"Final plat" means the map, plan or record of a subdivision and any accompanying material as
required by these regulations. The governing body must approve a final plat.
"Frontage" means that side of a lot abutting on a street regarded as the front of the lot.
"Frontage road" means a minor street which runs parallel or adjacent to arterial streets and
highways and which serves to reduce the number of access points.
"Improvements" means street grading, street surfacing, curb and gutter, sidewalks, water
mains and lines, sanitary sewers, storm draining facilities, culverts and other such
installations as required and approved by the city. All improvements and contractors who
install them shall be properly bonded and insured in form and manner acceptable to the city.
Lot. A "lot" is a legally recordable tract, plot or portion of a subdivision or other parcel
of land intended as a unit for the purpose, whether or not immediate, of transfer of
ownership, or possession, or for building development.
Lot types. See "zoning ordinance."
"Local street" means a minor street that is designed and used primarily for access to
abutting properties.
"Payment bond" means any security including cash deposit, surety bond, collateral, property,
or instrument of credit in form and manner acceptable to the city, providing collateral to
faithfully pay the costs for materials, supplies and labor to complete promised public
improvements.
"Performance bond" means any form of security including cash deposit, surety bond,
collateral, property, or instrument of credit in an amount and manner acceptable to the
city, that offers satisfactory proof of the ability to faithfully provide promised public
improvements to the city, including water, sewer, gas, telecommunications and streets.
"Planning commission" means the planning and zoning commission of the city of Britton, South
Dakota.
"Preliminary plat" means the preliminary drawing or drawings indicating the proposed layout
of the subdivision. All preliminary plats must be submitted to the planning commission for
approval.
"Right-of-way" means a strip of land occupied by a street, railroad, pedestrian walkways or
other special use. The use of the term right-of-way for platting purposes shall mean that
every right-of-way hereafter established and shown on a plat is to be separate and distinct
from the lots or parcels adjoining such right-of-way and not included within the dimensions
or area of such lots or parcels.
"Sub-divider" means a person, corporation, partnership, association, or any group who
prepares or causes to be prepared a proposed subdivision plat.
Subdivision. A "subdivision" is a parcel or parcels of real property, which has been divided
into two or more separate units for the purpose of subsequent sale or building development.
Subdivision includes the division or development of residential and nonresidential-zoned
land, whether by deed, plat or other recorded instrument.
(Ord. No. 506, 11-9-2009)
Chapter 16.12
PROCEDURES (PRELIMINARY PLATS, FINAL PLATS AND
VACATION OF PLATS)
Sections:
16.12.010 Generally.
16.12.020 Preliminary plat (step one).
16.12.030 Final plat (step two).
16.12.040 Final approval and hearing (step three).
16.12.050 Vacation of a plat of record.
16.12.060 Vacation of part of plat.
16.12.070 Plat vacation by replatting.
16.12.010 Generally.
The procedure for review and approval of a proposed subdivision shall consist of three
steps: (1) informal discussion with the planning commission, (2) preparation and submission
of a preliminary plat, and (3) the preparation and submission of a final plat of the
subdivision.
(Ord. No. 506, 11-9-2009)
16.12.020 Preliminary plat (step one).
After meeting with the planning commission, the sub-divider shall prepare a preliminary plat
prior to the sale of any land within the area to be subdivided, the making of any street
improvements or the installation of any utilities. The preliminary plat shall meet the
design standard and general requirement standards of Chapter 16.16 and shall contain the
following information:
A. A scale minimum of one hundred (100) feet to one inch;
B. Name of subdivision, in the form "______________ Addition to the City of
Britton," together with the names and addresses of the owners, engineers and surveyors;
C. A vicinity sketch or plat showing:
1. Vicinity map to scale showing location of the property under review and
other property and its current uses and zones for at least five hundred (500) feet on
developed land and one thousand (1,000) feet on undeveloped land in every direction,
including all connecting points of all utilities to be brought to the land area included
within the subdivision,
2. The names of all adjoining subdivisions and all lot and block lines,
easements and rights-of-way with street names. Any adjoining un-platted property shall be
labeled as such on the vicinity map,
3. The locations and widths of all proposed and existing streets/roads, alleys,
easements, parks, water courses, trees, railroad right-of-ways and other significant
features shall be labeled as such on the vicinity map;
D. Date and north points;
E. Acreage of land to be subdivided;
F. Contour elevations at intervals of not more than five feet;
G. Boundary lines of area to be subdivided;
H. Existing and proposed easements, indicating their location, proposed uses,
and dimensions;
I. Names of streets on and adjacent to the subdivision, together with their
dimensions on the plat;
J. Utilities by type and owner on and adjacent to the subdivision showing
existing and proposed connections and names;
K. Lot lines with approximate dimensions and angles, lot and block numbers;
L. Sites for public, commercial or multifamily uses, and their location and
size;
M. Minimum building setback lines;
N. Copies of any proposed deed restrictions and protective covenants of record
shall be attached to the plat;
O. Planning Commission Considerations.
1. Following review of the preliminary plat and supplementary material, the
planning commission shall, within thirty (30) days, act thereon. If the plat is approved,
the planning commission shall express its approval and state the conditions, if any, of such
approval; if the plat is disapproved, the planning commission shall return the plat with the
reasons in writing for disapproval attached thereto.
2. Approval of the preliminary plat shall not be deemed approval of the final
subdivision plat, but it shall constitute a guide for the preparation of the final plat.
3. The approval of the preliminary plat is revocable at any time and shall
become void after twelve (12) months from the date of approval if no progress has been made
in the development of the final plat.
(Ord. No. 506, 11-9-2009)
16.12.030 Final plat (step two).
The final plat shall comply with all provisions of state law concerning the filing of plats
with the Marshall County register of deeds office and shall give the following information
and be subject to the following regulations:
A. The final plat shall be drawn at a scale of not more than one hundred (100)
feet to the inch, and if more than two sheets are required, an index sheet of the same
dimensions as the balance of the plat shall be filed showing the entire subdivision on one
sheet and the areas shown on other sheets;
B. Date, title, in the form "___________ Addition to the City of Britton,"
legal description, scale, and north point;
C. Tract boundary lines, street and railroad right-of-way, property lines, with
accurate dimensions within one hundredth of a foot; including bearing of deflection angles,
radii, arcs and central angles of all curves with dimensions to the nearest ten (10)
seconds;
D. Lot and block numbers, lot lines and dimensions;
E. Certification on the plat of title showing that the applicant is the owner,
that the making of the plat receives his or her consent and is in accordance with his or her
desires, and a statement by such owner dedicating streets, right-of-ways, and other sites
for public use and the subdivision shall be served by a wastewater system approved by South
Dakota Department of Environment and Natural Resources;
F. Names and locations of adjoining subdivisions, streets and adjoining
un-platted property;
G. Certification and approval by the city planning and zoning commission;
H. Certification and approval by the city finance officer;
I. Certification on the plat by a land surveyor registered to practice in South
Dakota as to the accuracy of survey and plat;
J. Proposed protective covenants or deed restrictions shall be filed with the
plat and with the planning commission. The planning commission and city commission shall
review and approve the proposed protective covenants or deed restrictions prior to filing.
The proposed protective covenants or deed restrictions shall not be in conflict with the
minimum standards set in city ordinances. Any approved protective covenants or deed
restrictions shall be filed with the Marshall County register of deeds;
K. The plat shall be accompanied by the name and address of person to who
notice of public hearing on approval of final plat is to be sent.
(Ord. No. 506, 11-9-2009)
16.12.040 Final approval and hearing (step three).
A. The final plat and required supplementary material shall be submitted to the
planning commission at least fourteen (14) days prior to the hearing at which it is
scheduled to be considered.
B. The sub-divider shall post a certified performance and payment bonds along
with appropriate insurance with the city council in an amount to be approved by the city
council to assure completion of all the required improvements ten (10) days prior to the
meeting at which the final plat is scheduled to be considered.
C. 1. Notice shall be given at least fifteen (15) days in advance of a public
hearing. The owner of the property or his or her agent for which the final plat is sought
shall be notified by mail. Signs shall be posted on the affected property for a continuous
period of not less than ten (10) days prior to any public hearing held by the board of
adjustment. The city finance officer shall, for a fee designated by the city council,
furnish such signs.
2. The applicant, in the number and locations prescribed by the city finance
officer, shall post such signs. Posted signs shall be located in a conspicuous place. The
city of Britton shall verify that such signs have been posted at the proper location during
the time specified in this section. If the signs are not posted for ten (10) consecutive
days, the board shall postpone or cancel such hearing. Notice of the cancellation of the
hearing shall be sent to the owner of the property or his or her agent detailing the reasons
for the cancellation of the hearing.
D. Following review of the final plat and supplemental material and no later
than sixty (60) days following submission of the same to the planning commission, the
recommendations of the planning commission shall be forwarded to the city council.
E. A public hearing shall be held at which time the applicant shall be present
to answer questions. If applicant does not appear, the final plat can be deferred to the
next scheduled meeting or denied. Any party may appear in person, by agent or attorney.
F. After review by the city commission, the final plat shall be certified by
the county director of equalization and shall be endorsed with or have attached the
certificate of the county treasurer that all taxes which are liens upon any land included in
such plat, as shown by the records of his or her office have been fully paid.
G. No final plat shall be acted upon without first having a public hearing by
the city council, notice of which shall be sent to the person as attached to the final plat
at least ten (10) days prior to such hearing, and notice of which shall be published one
time at least five days prior to such hearing.
H. Following such public hearing, the city commission shall approve or
disapprove the final plat within ninety (90) days from the time it was submitted by the
sub-divider, and if the final decision is to disapprove the plat, the reason(s) for such
disapproval shall be stated in writing with a duplicate copy to be forwarded to the
sub-divider.
I. After the final plat is approved by the city council, one signed original
copy shall be returned to the sub-divider with the certified approval of the city council
thereon for filing with the Marshall County register of deeds as an official plat of record.
One certified copy shall be transmitted to the county auditor. No lots shall be sold before
the final plat is accepted and recorded. The city shall retain two copies of the final plat
after approval and filing.
J. The sub-divider shall attach to the final plat a map of the proposed
subdivision showing the location, specifications and extent of those required services, for
which the sub-divider is responsible, as specified in Chapter 16.16, General Requirements
and Design Standards.
(Ord. No. 506, 11-9-2009)
16.12.050 Vacation of a plat of record.
Any plat may be vacated, however no plat or any part of a final plat that has been recorded
in the Marshall County register of deeds office or has received final approval by the city
council but not yet filed may be vacated except with specific approval by the city council.
No street, easement, or other right-of-way may be vacated if such street, easement or
right-of-way has been used for installation of any utility or has been established through
use as a route routinely used for travel by the public except with specific approval of the
city council and conformance to all applicable laws.
(Ord. No. 506, 11-9-2009)
16.12.060 Vacation of part of plat.
Any part of a plat may be vacated under the provisions and subject to the conditions of
Section 16.12.050 of this chapter; provided such vacating does not abridge or destroy any of
the rights and privileges of other legal owners in such plat. Nothing contained in this
section shall authorize the closing or obstructing of any public roadways without the
written consent of the city of Britton and conformance to all applicable laws.
(Ord. No. 506, 11-9-2009)
16.12.070 Plat vacation by replatting.
A plat may be vacated pursuant to a re-platting. The new plat shall specifically describe
all previous plats sought to be vacated including the book and chapter number of all
existing prior plats in the Marshall County register of deeds office, and shall specifically
state on the plat that all previous plats so listed are to be vacated in whole or in part.
The applicant seeking the vacation shall provide to the planning commission the following
information:
A. The names and addresses of the record owner of the plat or any part thereof
sought to be vacated;
B. The legal description of the same;
C. The names of the legal voters, if any, who reside upon the same;
D. The character and use of the same;
E. A description of any streets, highways or public right-of-ways located
thereon;
F. Any other facts requested by the planning commission;
G. All owners of record of property in the area to be re-platted must approve
such vacation and re-platting by written signature.
After completing the procedure for an original plat and upon approval of the final plat by
the city commission, the plat shall be filed in the office of the Marshall County register
of deeds.
(Ord. No. 506, 11-9-2009)
Chapter 16.16
GENERAL REQUIREMENTS AND DESIGN STANDARDS
Sections:
16.16.010 Generally.
16.16.020 Land suitability.
16.16.030 Streets.
16.16.040 Blocks.
16.16.050 Lots.
16.16.060 Easements.
16.16.070 Zoning regulations.
16.16.010 Generally.
The city finance officer shall impose the following general requirements and all
sub-dividers shall comply with the following design principles in the layout of
subdivisions.
(Ord. No. 506, 11-9-2009)
16.16.020 Land suitability.
If the planning commission or city council finds that the land to be subdivided is
unsuitable for development due to premature development, flooding, drainage issues, steep
slopes, rock formations or other conditions and if from adequate investigation it has been
determined that in the best interest of the public that the land should not be divided, the
planning commission or the city commission shall not approve the subdivision unless adequate
methods are found by the sub-divider to resolve or correct the problems created by the
proposed subdivision.
The planning commission or city council may refuse to approve what it considers scattered or
premature subdivision of land by reason of lack of adequate water supply and sewerage
treatment, schools, proper drainage, good roads or other public services which would
necessitate an excessive expenditure of public funds for the supply of such services.
(Ord. No. 506, 11-9-2009)
16.16.030 Streets.
A. The street layout of the proposed subdivision shall provide for the
continuation or projection of streets and alleys already existing in areas adjacent to the
area being subdivided. In addition, streets and alleys of the proposed subdivision shall
correspond in name, direction and width to existing streets and alleys.
B. Where a subdivision abuts or contains an existing or proposed arterial
street, the planning commission may require frontage roads, reverse frontage lots with
screen planting along the rear property line or such other action as may be necessary for
adequate protection of residential properties.
C. Street right-of-ways shall not be less than the following:
1. Arterial streets 80 feet
2. Collector streets 40 feet
3. Local streets 40 feet
4. Cul-de-sacs 130 feet in diameter for turn-around
5. Alleys 20 feet
D. A subdivision platted along existing streets shall dedicate additional
right-of-way if necessary to meet the minimum street width requirements set forth in
subsection C of this section.
E. Cul-de-sacs shall not be longer than three hundred (300) feet.
F. Streets jogs will not be allowed unless approved by the city council.
G. The planning commission shall not approve streets that will be subject to
overflow or flooding. Where flooding conditions exist, the planning commission shall require
profiles and elevations of streets in order to determine the advisability of approving the
proposed subdivision. The planning commission may also require a storm runoff water study
completed by a certified professional engineer (PE) at the expense of the sub-divider.
H. No street names shall be used which will duplicate or be confused with names
of existing streets, irrespective of the suffix, avenue, boulevard, drive, place, court, or
similar suffix.
I. Permanent dead ends are prohibited unless approved by the city council.
(Ord. No. 506, 11-9-2009)
16.16.040 Blocks.
A. Block lengths shall not exceed three hundred (300) feet except in special
circumstances authorized by the city council.
B. All blocks shall have two tiers of lots. However, where unusual roadway or
topographical conditions exist, the city council may approve a single tier of lots.
(Ord. No. 506, 11-9-2009)
16.16.050 Lots.
A. Minimum depth of lots shall be one hundred forty (140) feet. The city
council shall approve the size, shape and configuration.
B. All lots shall front on a public street for a minimum distance of
thirty-five (35) feet and the lot shall have a depth at the minimum structure setback line
adequate to construct a thirty-six (36) foot wide structure with proper side yard setbacks.
C. Through lots shall be prohibited except where necessary to provide a
separation from through traffic or to overcome specific problems related to topography.
(Ord. No. 506, 11-9-2009)
16.16.060 Easements.
A. Easements for public utilities, such as water, sewer and storm sewer, shall
be a minimum of twenty (20) feet wide, except where the city requires greater width for
proper installation and maintenance of such utilities. No private utility shall occupy the
same easement except where necessary to cross it. A minimum of ten (10) feet is required for
private utilities, such as telephone, gas, electric, cable TV, telephone and other similar
services. Public and private easements may abut each other.
B. When the planning commission deems it necessary for proper drainage within
or through a subdivision, it shall require that a storm water easement or drainage
right-of-way be provided.
(Ord. No. 506, 11-9-2009)
16.16.070 Zoning regulations.
No final plat of land will be approved unless it conforms in all respects with the
requirements of the official zoning ordinance of the city of Britton, South Dakota.
(Ord. No. 506, 11-9-2009)
Chapter 16.20
IMPROVEMENTS REQUIRED FOR FINAL PLAT APPROVAL
Sections:
16.20.010 Monuments.
16.20.020 Curb and gutter.
16.20.030 Drainage and storm sewer.
16.20.040 Water facilities.
16.20.050 Sewerage facilities.
16.20.060 Public utilities.
16.20.070 Utilities to be stubbed in.
16.20.080 Construction standards.
16.20.090 Connection with existing systems.
16.20.010 Monuments.
The sub-divider shall place permanent monuments in the subdivision as provided in this
section:
A. All external boundaries of the subdivision shall be marked by concrete or
iron monuments not less than thirty-six (36) inches in length, four inches square or five
inches in diameter, and shall be marked on the top with a suitable center point.
B. Iron monuments three-fourths inch in diameter and twenty-four (24) inches
long shall be placed on street right-of-way lines, street intersections, block corners and
all lot corners.
(Ord. No. 506, 11-9-2009)
16.20.020 Curb and gutter.
Curb and gutter shall be installed by the sub-divider on all roadways in the plat being
dedicated to public use, and shall be constructed of Portland cement concrete in accordance
with designs and specifications approved by the city council and the city foreman.
(Ord. No. 506, 11-9-2009)
16.20.030 Drainage and storm sewer.
The sub-divider shall make adequate provisions for storm drainage runoff through channels or
a storm sewer system, which shall be constructed separately from the sanitary sewer system
and in accordance with designs and specifications approved by the city council, city
foreman, and approved by the South Dakota Department of Environment and Natural Resources.
(Ord. No. 506, 11-9-2009)
16.20.040 Water facilities.
The sub-divider shall install all water distribution facilities, including fire hydrants,
subject to approval of the design and specifications by the city council, city foreman, and
approved by the South Dakota Department of Environment and Natural Resources.
(Ord. No. 506, 11-9-2009)
16.20.050 Sewerage facilities.
The sub-divider shall install public sewerage facilities subject to approval of the design
and specifications by the city council, city foreman, and approved by the South Dakota
Department of Environment and Natural Resources.
(Ord. No. 506, 11-9-2009)
16.20.060 Public utilities.
The sub-divider shall provide rear lot easements for public utilities unless exempted by
approval by the city council. When it is necessary to install utilities in the street, the
following shall apply:
A. After grading is complete and approved and before pavement base is laid, all
in-street work and all service connection shall be completely installed and approved by the
city;
B. The sub-divider(s) or subcontractor(s) shall furnish upon completion of all
utility installation, a guarantee of work for a period of not less than three years from the
date of completion.
(Ord. No. 506, 11-9-2009)
16.20.070 Utilities to be stubbed in.
All utilities, both public and private, that are located in the street right-of-way, shall
install service lines stubbed into each lot prior to construction of the street. All
stub-ins shall be located with distance ties to permanent marks, to facilitate location of
stub-ins when hookups to buildings are required.
(Ord. No. 506, 11-9-2009)
16.20.080 Construction standards.
The sub-divider shall consult with the area soil conservationist in the planning and
construction phase of the development to insure compliance with South Dakota Codified Law
(SDCL) 38-8A to mitigate soil erosion and faster sediment damage control.
(Ord. No. 506, 11-9-2009)
16.20.090 Connection with existing systems.
In cases where the city council deems it appropriate, the water facilities referred to in
Section 16.20.060 of this chapter may be connected to existing central water systems and the
sewerage facilities referred to in Section 16.20.070 of this chapter may be connected to
existing central sewerage systems.
(Ord. No. 506, 11-9-2009)
Chapter 16.24
FINAL APPROVAL
Sections:
16.24.010 Project representation by city.
16.24.020 Completion and approval of the improvements.
16.24.030 Approval of final plat.
16.24.010 Project representation by city.
The city council may provide a project representative for the observance of the required
improvements (Chapter 16.20) during construction. The developer and contractor shall insure
satisfactory completion and conformance to the design and specifications before public
dedication.
(Ord. No. 506, 11-9-2009)
16.24.020 Completion and approval of the improvements.
Before the plat is signed by the city council, the sub-divider shall be required to
complete, in accordance with the city council specifications and to the satisfaction of the
city foreman, all street, sanitary, water and other improvements as required by these
regulations and as specified in the final plan. Documented evidence will be submitted to and
approved by the city foreman indicating completion of all the required improvements and also
indicating that such improvements are free and clear of all liens or other encumbrances. The
sub-divider shall supply to the city "as built" plans in form and manner acceptable to the
city foreman.
(Ord. No. 506, 11-9-2009)
16.24.030 Approval of final plat.
Upon approval by the planning commission, it shall be submitted to the city council for
consideration of final approval.
(Ord. No. 506, 11-9-2009)
Chapter 16.28
VARIANCES AND AMENDMENTS
Sections:
16.28.010 Exceptional conditions.
16.28.020 Amendment.
16.28.010 Exceptional conditions.
The planning commission may recommend and the city council may grant exceptions to these
regulations, by reason of the unusual shape of a specific piece of property, or where, by
reason of exceptional topographic features, the strict application of these regulations
would result in extreme practical difficulties and undue hardship upon the owner of such
property; provided, however, that such relief may be granted only without detriment to the
public good and without substantially impairing the intent and purpose of this title.
Financial disadvantage to the property owner shall not be proof of hardship within meaning
of these regulations.
(Ord. No. 506, 11-9-2009)
16.28.020 Amendment.
Any provisions of this title may from time to time be amended, supplemented, changed,
modified, or repealed by the city council according to law. Any such amendments,
supplements, changes or modifications, shall not become effective until after review and
recommendation by the planning commission and final approval by the city council.
(Ord. No. 506, 11-9-2009)
Chapter 16.32
ENFORCEMENT AND PENALTY
Sections:
16.32.010 Enforcement.
16.32.020 Penalty.
16.32.010 Enforcement.
No plat or plan of a subdivision of land located within the jurisdiction of the city of
Britton shall be recorded or filed with the Marshall County register of deeds, nor shall any
plat or subdivision have any validity until it complies with the provisions hereof and has
received final approval in writing from the city council.
(Ord. No. 506, 11-9-2009)
16.32.020 Penalty.
The owner or agent of the owner of any land shall forfeit and pay to the city the sum of two
hundred dollars ($200.00) for each lot or part of lot sold or otherwise disposed of, leased
or offered for sale or lease, before the final plat thereof has been approved by the city
council as provided in this section. The city may enjoin such transfer, lease, sale or
agreement by action for injunction brought in any court of record.
(Ord. No. 506, 11-9-2009)
Title 17
ZONING
Chapters:
17.04 Introductory Provisions and Definitions
17.08 Official Zoning Map and Boundary Interpretation
17.12 Zoning Districts Generally
17.16 Agricultural District (AG)
17.20 Agricultural Fringe Protection District (AG-II)
17.24 Residential District (R-1)
17.28 Planned Mobilehome District (R-2)
17.32 Residential District (R-4)
17.36 Commercial District (C)
17.40 Highway Commercial District (HC)
17.44 General Industrial District (I)
17.48 Parks and Recreation District (PR)
17.52 Supplementary District Regulations
17.54 Fences, Hedges and Walls
17.56 Nonconforming Lots, Structures and Uses
17.60 Administration and Enforcement
17.64 Planning and Zoning Commission/Board of Adjustment
17.68 Appeals
17.72 Schedule of Fees, Charges and Expenses
17.76 Amendments
17.80 Penalties and Remedies
17.84 Flood Damage Prevention
17.88 Building Numbering
Appendices
Chapter 17.04
INTRODUCTORY PROVISIONS AND DEFINITIONS
Sections:
17.04.010 Short title.
17.04.020 Jurisdiction.
17.04.030 Provisions of this title are minimum requirements.
17.04.040 General.
17.04.050 Definitions.
17.04.010 Short title.
The ordinance codified in this title may be known and may be cited and referred to as "the
zoning ordinance of Britton, South Dakota," to the same effect as if the full titles were
stated.
(Ord. 292 § 101, 1980)
17.04.020 Jurisdiction.
A. The provisions of this title shall apply within the incorporated area of
Britton.
B. The area of joint control shall require action jointly by the Marshall
County planning commission and the Britton planning commission as well as the respective
governing bodies (in applicable cases) in an area as follows not within the Britton
corporate limits: Miller township T127-R58 Sections 13, 14, 15, 22, 23, 24, 25, 26, 27, 34,
35 and 36 and in Pleasant Valley township of Sections 18, 19, 30 and 31.
(Ord. 493, 2007: Ord. 292 § 201, 1980)
17.04.030 Provisions of this title are minimum requirements.
In their interpretation and application, the provisions of this title shall be held to the
minimum requirements, adopted for the promotion of the public health, safety, morals or
general welfare. Whenever the provisions of this title require a greater width or size of
yards, courts or stories, or require a greater percentage of lot to be left unoccupied, or
impose other higher standards than are required in any other ordinance, the provisions of
this title shall govern. Wherever the provisions of any other ordinance require a greater
percentage of lot to be left unoccupied or impose other higher standards than are required
by the provisions of this title, the provisions of such ordinance shall govern.
(Ord. 292 § 202, 1980)
17.04.040 General.
For the purpose of this title, unless otherwise stated, words used in the present tense
include the future; the singular number includes the plural; and the plural the singular;
the word shall is mandatory, not discretionary; the word may is permissive; the word person
includes firm, association, organization, partnership, trust, company or corporation, as
well as an individual; the word lot includes the words plat or parcel; and the words used or
occupied include the words intended, designed, or arranged to be used or occupied.
(Ord. 292 § 2501, 1980)
17.04.050 Definitions.
For the purpose of this title, certain terms or words used in this title shall be
interpreted as follows:
"Accessory use or structure" means a use or structure on the same lot with and of a nature
customarily incidental and subordinate to the principal use or structure.
"Building area" means the portion of a lot remaining after required yards have been
provided.
"Building" means and includes the word structure and is a structure which is entirely
separated from any other structure by space or by walls in which there is no communicating
doors or windows or similar openings. A principal building including covered porches and
paved patios is a building in which is conducted the principal use of the lot on which it is
situated. In any residential district, any dwelling shall be deemed to be the principal
building on the lot on which the building is situated.
"Commission" means Britton city planning and zoning commission.
"City board" means the Britton city council.
"Density" means the number of dwelling units per net acre or gross acre, as indicated for
the appropriate zoning district. Residential district density shall not be exceeded for new
subdivisions nor exceeded for resubdivision of existing platted land.
Dwelling, Single-Family. "Single-family dwelling" means a detached residential dwelling unit
other than a mobilehome, designed for one family.
Dwelling, Multiple Family. "Multiple family dwelling" means a residential building designed
for two or more families living independently of each other and doing own cooking in such
building.
"Dwelling unit" means one room or rooms, connected together, constituting a separate,
independent housekeeping establishment for owner occupancy, or rental or lease on a weekly,
monthly, or longer basis, and physically separated from any other rooms or dwelling units
which may be in the same structure, and containing independent cooking, bathroom and
sleeping facilities.
"Exception" means use of building.
Feedlot, Commercial. "Commercial feedlot" means a place where the principal business is the
feeding of livestock and such feeding is not done as a subordinate activity to the
production of crops on the premises of which the feedlot is a part.
"Floor area" means the sum of all gross horizontal enclosed area of the several floors of a
building and its accessory building on the same lot, excluding basement floor areas and
nonenclosed portions of the structure. All dimensions shall be measured between exterior
faces of walls.
"Home occupation" means an occupation conducted in a dwelling unit provided that:
1. No more than one other person, in addition to members of the family,
residing in the premises shall be engaged in such occupation;
2. The use of the dwelling unit for the home occupation shall be clearly
incidental and subordinate to its use for residential purposes by its occupants, and not
more than thirty (30) percent of the floor area of the dwelling shall be used in the conduct
of the home occupation;
3. There shall be no change in the outside appearance of the building or
premises, or other visible evidence of the conduct of such home occupation other than one
sign, not exceeding one square foot in area, nonilluminated and mounted flat against the
wall of the principal building;
4. No traffic shall be generated by such home occupation in greater volumes
than would normally be expected in a residential neighborhood, and any need for parking
generated by the conduct of such home occupation shall be met off the street and other than
in a required front yard; and
5. No equipment or process shall be used in such home occupation which creates
noise, vibration, glare, fumes, odors or electrical interference detectable to the normal
senses off the lot, if the occupation is conducted in a single-family residence. In the case
of electrical interference, no equipment or process used which creates visual or audible
interference in any radio or television receivers off the premises, or causes fluctuations
in line voltage off the premises.
"Horticulture" means the art or science of growing flowers, fruit and vegetables.
"Junkyards" means the use of more than seven hundred fifty (750) square feet of open storage
on any lot, portion of a lot, or tract of land for the sale, storage, keeping or abandonment
of junk, scrap metals or salvageable materials, or for the abandonment, dismantling or
wrecking of automobiles or other vehicles, machines or parts of such automobiles, vehicles
or machines.
"Kennels" means any lot, structure or premises where four or more dogs and/or cats over four
months of age are kept.
"Lot," for purposes of this title, means a parcel of land of at least sufficient size to
meet minimum zoning requirements for use, coverage and area, and to provide such yards and
other open spaces as are required in this title. Such lot shall have frontage on an improved
public street, or on an approved private street, and may consist of:
1. A single lot of record;
2. A portion of a lot record;
3. A combination of complete lots of record, of complete lots of record and
portions of lots of record, or of portions of lots of record; and
4. A parcel of land described by metes and bounds; provided that in no case of
division or combination shall any residual lot or parcel be created which does not meet the
requirements of this title.
"Lot frontage" means the front of a lot shall be construed to be the portion nearest the
street. For the purpose of determining yard requirements on a corner lot and through lots,
all sides of a lot adjacent to streets shall be considered frontage, and yards shall be
provided as indicated under "yards" as defined in this section.
"Lot measurements" means:
1. "Depth" of a lot means the distance between the midpoints of straight lines
connecting the foremost points of the side lot lines in front and the rearmost points of the
side lot lines in the rear; and
2. "Width" of a lot means the distance between straight lines connecting front
and rear lines at each side of the lot, measured across the rear of the required front yard,
provided, however, that width between side lot lines at their foremost points where they
intersect with the street line, shall not be less than eighty (80) percent of the required
lot width except in the case of cul-de-sacs, where the eighty (80) percent requirement shall
not apply.
Lot Types. Any lot within the jurisdiction of this title shall be one of the following
types:
1. "Corner lot" means a lot located at the intersection of two or more streets.
A lot abutting on a curved street or streets shall be considered a corner lot if straight
lines drawn from the foremost points of the side lot lines to the foremost point of the lot
meet at an interior angle of less than one hundred thirty-five (135) degrees.
2. "Interior lot" means a lot other than a corner lot with only one frontage on
a street.
3. "Through lot" means a lot other than a corner lot with frontage on more than
one street. Through lots abutting two streets may be referred to as double frontage lots.
"Mobilehome" means any occupied vehicle used or so constructed as to permit it being used as
a conveyance on the public streets or highways and duly licensed as such, and shall include:
self-propelled or non-self-propelled vehicles so designed, constructed, reconstructed or
added to by means of an enclosed addition or room in such manner as will permit the
occupancy of it as a dwelling or sleeping place for one or more persons. Nothing in this
definition shall be construed so as to include prefabricated, precut residences or those
manufactured in sections or parts away from the site and transported to the site for
erection, provided that when completely erected, such prefabricated, precut, or manufactured
residences shall be on a permanent foundation. A travel trailer is not to be considered as a
mobilehome.
"Mobilehome park" means any premises where one or more mobilehomes are parked for living or
sleeping purposes, or any premises used or set apart for supplying to the public, parking
space for one or more mobilehomes for living or sleeping purposes, and which include any
buildings, structures, vehicles, or enclosure used or intended for use, or intended wholly
or in part, for the accommodation of automobile transients.
"Nonconforming use" means any building or land lawfully occupied by a use at the time of
passage of the ordinance codified in this title, which does not conform after passage of the
ordinance codified in this title.
"Performing standards" means a criterion established for the purposes of:
1. Assigning proposed industrial uses to proper districts; and
2. Making judgments in the control of noise, odor, smoke, toxic matter,
vibration, fire and explosive hazards, or glare generated by, or inherent in, uses of land
or buildings.
"Public utility substation" means an area where facilities are provided for the distribution
of telephone, radio communications, water, gas, and electricity. These facilities shall be
permitted as a conditional use in the various zoning districts subject to conditions which
will assure their harmony, especially aesthetically with the nature of the respective
district.
"Shelter-belt" means a strip or belt of trees or shrubs established to reduce soil erosion
and to protect yards, lots, buildings, livestock, residences, recreational areas, and
wildlife from the wind.
"Sign" means any device designed to inform or attract the attention of persons not on the
premises on which the sign is located, provided, however, that the following shall not be
included in the application of the regulations in this title:
1. Signs not exceeding one square foot in area and bearing only property
numbers, post box number, names of occupants of premises, or other identification of
premises not having commercial connotations;
2. Flags and insignia of any government except when displayed in connection
with commercial promotion;
3. Legal notices, identification, informational, or directional signs erected
or required by governmental bodies;
4. Integral decorative or architectural features of buildings, except letters,
trademarks, moving parts, or moving lights; and
5. Signs directing and guiding traffic and parking on private property, but
bearing no advertising matter.
Sign, Off-Site. "Off-site sign" means a sign other than an exterior or interior on-site
sign. Off-site signs are more conventionally known as billboards regardless of size.
Sign, On-Site, Exterior. "Exterior on-site sign" means an exterior sign relating to its
subject to the premises on which it is located, or to products, accommodations, services, or
activities on the premises. Exterior on-site signs do not include signs erected by the
outdoor advertising industry in the conduct of the outdoor advertising business, such as
billboards which are off-site signs.
Sign, On-Site, Interior. "Interior on-site sign" means a sign on the interior of a structure
relating its subject matter to the premises on which it is located, or to products,
accommodations, services, or activities on the premises. As long as any such sign is not
normally viewable from the exterior of the premises, it shall not be regulated by this
title.
"Special exception" means a use that would not be appropriate generally or without
restriction throughout the zoning district, but which, if controlled as to number, area,
location, or relation to the neighborhood, would promote the public health, safety, welfare,
morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses
may be permitted in such zoning district as special exceptions, if specific provisions for
such special exception are made in this title.
"Street line" means the lot line abutting right-of-way line.
"Structure" means anything constructed or erected with a fixed location on the ground, or
attached to something having a fixed location on the ground. Among other things, structures
include buildings, mobilehomes, walls, signs, billboards, and poster panels. "Structure"
does not include fences along or enclosing side and rear yards provided such fences are no
higher than seven feet. Structures does include fences higher than seven feet, fences along
or enclosing front yards, and fences which violate the visibility requirements of this
title.
"Travel trailer" means a vehicular, portable structure built on a chassis, designed to be
used as a temporary dwelling for travel and/or recreational purposes having a body width not
exceeding eight feet.
"Truck or equipment terminal" means any lot, structure, or premises used for the parking or
storage of capital equipment such as trucks, trailers, or other like equipment.
Utility Substation. See "Public utility substations."
"Variance" means a relaxation of the terms of the zoning ordinance where such variance will
not be contrary to the public interest and where, owing to conditions peculiar to the
property and not the result of the actions of the applicant, a literal enforcement of this
title would result in unnecessary and undue hardship. As used in this title, a variance is
authorized only for height, area, and size of structure or size of yards and open spaces;
establishment or expansion of a use otherwise prohibited shall not be allowed by variance,
nor shall a variance be granted because of the presence of nonconformities in the zoning
district or uses in an adjoining zoning district. This is not to be confused with a special
exception.
"Yard" means a required open space other than a court, unoccupied and unobstructed by any
structure or portion of a structure from thirty (30) inches above the grade of the lot
upward, provided, however, that fences, walls, poles, posts, and other customary yard
accessories, ornaments, and furniture may be permitted in any yard subject to height
limitations and requirements limiting obstruction of visibility.
Yard, Front. "Front yard" means a yard extending between side lot lines across the front of
a lot adjoining a public street.
1. In any required front yard, no fence or wall shall be permitted which
materially impedes vision across such yard above the height of thirty (30) inches, and no
hedge or other vegetation shall be permitted which materially impedes vision across such
yard between the heights of thirty (30) inches and ten (10) feet.
2. In the case of through lots, unless the prevailing front yard pattern on
adjoining lots indicates otherwise, front yards shall be provided on all frontages. Where
one of the front yards that would normally be required on a through lot is not in keeping
with the prevailing yard pattern, the zoning administrator may waive the requirement for the
normal front yard and substitute, therefor, a special yard requirement which shall not
exceed the average of the yards provided on adjacent lots.
3. In the case of corner lots which do not have reversed frontage, a front yard
of the required depth shall be provided in accordance with the prevailing yard pattern; and
a second front yard of half the depth required generally for front yards in the district
shall be provided on the other frontage.
4. In the case of reversed frontage corner lots, a front yard of required depth
shall be provided on either frontage; and a second front yard of half the depth required
generally for front yards in the district shall be provided on the other frontage.
5. In the case of corner lots with more than two frontages, the zoning
administrator shall determine the front yard requirements, subject to the following
limitations:
a. At least one front yard shall be provided having the full depth required
generally in the district; and
b. No other front yard on such lot shall have less than half the full depth
required generally.
6. Depth of required front yards shall be measured at right angles to a
straight line joining the foremost points of the side lot lines. The foremost point of the
side lot line, in the case of rounded property corners at street intersections, shall be
assumed to be the point at which the side and front lot lines would have met without such
rounding. Front and rear front yard lines shall be parallel.
Yard, Side. "Side yard" means a yard extending from the rear line of the required front yard
to the rear lot line, or in the absence of any clearly defined rear lot line to the point on
the lot farthest from the intersection of the lot line involved with the public street.
1. In the case of through lots, side yards shall extend from the rear lines of
front yards required. In the case of corner lots, yards remaining after full- and half-depth
front yards have been established shall be considered side yards.
2. Width of a required side yard shall be measured in such a manner that the
yard established is a strip of the minimum width required by district regulations with its
inner edge parallel with the side lot line.
Yard, Rear. "Rear yard" means a yard extending across the rear of the lot between inner side
yard lines. In the case of through lots and corner lots, there will be no rear yards, but
only front and side yards. Depth of a required rear yard shall be measured in such a manner
that the yard established is a strip of the minimum width required by district regulations
with its inner-edge parallel with the rear lot line.
(Ord. 358 § 1, 1992; Ord. 292 § 2502, 1980)
Chapter 17.08
OFFICIAL ZONING MAP AND BOUNDARY INTERPRETATION
Sections:
17.08.010 General.
17.08.020 Zoning map changes.
17.08.030 Zoning map replacement.
17.08.040 Rules for interpretation of district boundaries.
17.08.010 General.
The city is divided into zones, or districts as shown on the Official Zoning Map which,
together with all explanatory matter on it, is adopted by reference and declared to be a
part of this title. The Official Zoning Map shall be identified by the signature of the
mayor, attested by the city finance officer, and bearing the seal of the city under the
following words: "This is to certify that this is the Official Zoning Map referred to in
Section 17.08.010 enacted by Ordinance 292 adopted December 8, 1980."
(Ord. 292 § 301, 1980)
17.08.020 Zoning map changes.
A. If, in accordance with the provisions of this title, changes are made in the
district boundaries or other matter portrayed on the Official Zoning Map, such changes shall
be entered on the Official Zoning Map promptly after the amendment has been approved by the
city commissioners with an entry on the Official Zoning Map as follows: "On /date/, by
official action of the city commissioners, the following /changes(s)/ were made in the
Official Zoning Map: /brief description of nature of change/," which entry shall be signed
by the mayor and attested by the city finance officer. No amendment to this title which
involves matter portrayed on the Official Zoning Map shall become effective until after such
change and entry has been made on such map.
B. No changes of any nature shall be made in the Official Zoning Map or matter
shown on it except in conformity with the procedures set forth in this title.
C. Any unauthorized change of whatever kind by any person or persons shall be
considered a violation of this title and punishable as provided under Section 17.80.020.
D. Regardless of the existence of purported copies of the Official Zoning Map
which may, from time to time, be made or published, the Official Zoning Map, which shall be
located in the office of the city finance officer, shall be the final authority as to the
current zoning status of land and water areas, buildings and other structures in Britton.
(Ord. 292 § 302, 1980)
17.08.030 Zoning map replacement.
A. In the event that the Official Zoning Map becomes damaged, destroyed, lost
or difficult to interpret because of the nature or number of changes and additions, the city
commissioners may, by ordinance, adopt a new Official Zoning Map which shall supersede the
prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors
or omissions in the prior Official Zoning Map, but no such correction shall have the effect
of amending the original Official Zoning Map or any subsequent amendment thereof. The new
Official Zoning Map shall be identified by the signature of the mayor, attested by the
municipal finance officer, and bearing the seal of the city under the following words: "This
is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map
adopted /date if adoption of zoning map being replaced/ as part of Ordinance 292 of Britton,
South Dakota."
B. Unless the prior Official Zoning Map has been lost or has been totally
destroyed, the prior map or any significant parts of it remaining shall be preserved
together with all available records pertaining to its adoption or amendment.
(Ord. 292 § 303, 1980)
17.08.040 Rules for interpretation of district boundaries.
Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning
Map, the following rules shall apply:
A. Boundaries indicated as approximately following the center lines of streets,
highways or alleys shall be construed to follow such center lines;
B. Boundaries indicated as approximately following platted lot lines shall be
construed as following such lot lines;
C. Boundaries indicated as approximately following city limits shall be
construed as following such city limits;
D. Boundaries indicated as following railroad lines shall be construed to be
midway between the main tracks;
E. Boundaries indicated as following shorelines shall be construed to follow
such shorelines and in the event of change in the shoreline shall be construed as moving
with the actual shoreline; boundaries indicated as approximately following the centerline of
streams, rivers, canals, lakes or other bodies of water shall be construed to follow such
center lines;
F. Boundaries indicated as parallel to or extensions of features indicated in
subsections A through E of this section shall be so construed. Distances not specifically
indicated on the Official Zoning Map shall be determined by the scale of the map;
G. Where physical or cultural features existing on the ground are at variances
with those shown on the Official Zoning Map or in other circumstances not covered by
subsections A through F of this section, the city planning commission/board of zoning
adjustment shall interpret the district boundaries; and
H. Where a district boundary line divides a lot which was in single ownership
at the time of passage of the ordinance codified in this title, the city planning commission
may permit, as a special exception, the extension of the regulations for either portion of
the lot not to exceed fifty (50) feet beyond the district line into the remaining portion of
the lot.
(Ord. 292 § 304, 1980)
Chapter 17.12
ZONING DISTRICT GENERALLY
Sections:
17.12.010 General.
17.12.020 Zoning affects every building and use.
17.12.030 Performance standards.
17.12.040 Open space or off-street parking or loading space.
17.12.050 Yard and lot reduction prohibited.
17.12.060 Unclassified or unspecified uses.
17.12.070 Planning commission recommendations.
17.12.080 Districts created.
17.12.010 General.
The regulations set forth by the ordinance codified in this title within each district shall
be minimum regulations and shall apply uniformly to each class or kind of structure or land
and particularly, except as hereinafter provided.
(Ord. 292 § 401, 1980)
17.12.020 Zoning affects every building and use.
No building, structure or land shall hereafter be used or occupied; and no building or
structure or part of such building or structure shall hereafter be erected, constructed,
reconstructed, moved or structurally altered except in conformity with all of the
regulations specified in this title for the district in which it is located.
(Ord. 292 § 402, 1980)
17.12.030 Performance standards.
No building or other structure shall hereafter be erected or altered:
A. To exceed the height or bulk;
B. To accommodate or house a greater number of families;
C. To occupy a greater percentage of lot area;
D. To have narrower or smaller rear yards, front yards, side yards, or other
open spaces; than required in this title; or in any other manner contrary to the provisions
of this title.
(Ord. 292 § 403, 1980)
17.12.040 Open space or off-street parking or loading space.
No part of a yard or other open space or off-street parking or loading space required about
or in connection with any building for the purpose of complying with this title shall be
included as a part of a yard, open space, or off-street parking or loading space similarly
required for any other building.
(Ord. 292 § 404, 1980)
17.12.050 Yard and lot reduction prohibited.
No yard or lot existing at the time of passage of the ordinance codified in this title shall
be reduced in dimension or area below the minimum requirements set forth in this title.
Yards or lots created after the effective date of the ordinance codified in this title shall
meet at least the minimum requirements established by this title.
(Ord. 292 § 405, 1980)
17.12.060 Unclassified or unspecified uses.
Unclassified or unspecified uses may be permitted by special exception by the board of
zoning adjustment after the city planning commission has made a review and recommendation
provided that such uses are similar in character to the principal uses permitted in the
district.
(Ord. 292 § 406, 1980)
17.12.070 Planning commission recommendations.
It shall be a purpose of the Britton planning commission to recommend the boundaries of the
various original districts and appropriate regulations to be enforced in those districts.
The planning commission shall make a preliminary report and hold public hearings thereon
before submitting its final report, and the city commissioners shall not hold public
hearings or take action until it has received the final report of the city planning
commission.
(Ord. 292 § 501, 1980)
17.12.080 Districts created.
For the purposes of this title, there are created nine types of districts by which the
jurisdictional area defined in Chapter 17.04 be divided:
1. (AG) Agricultural;
2. (AG-II) Agricultural fringe preservation;
3. (R-1) Residential;
4. (R-2) Mobilehome;
5. (R-4) Residential;
6. (C) Commercial;
7. (HC) Highway commercial;
8. (I) Industrial;
9. (PR) Parks and recreation.
(Ord. 292 § 502, 1980)
Chapter 17.16
AGRICULTURAL DISTRICT (AG)
Sections:
17.16.010 Statement of intent.
17.16.020 Permitted principal uses and structures.
17.16.030 Permitted accessory uses and structures.
17.16.040 Special exceptions.
17.16.050 Maximum number of approaches.
17.16.060 Minimum yard.
17.16.070 Minimum shelter-belt setback.
17.16.010 Statement of intent.
The intent of agricultural district is to protect agricultural lands and lands consisting of
natural growth from incompatible land uses in order to preserve land best suited to
agricultural uses and land in which the natural environment should be continued and to limit
residential, commercial and industrial development to those areas where they are best suited
for reasons of practicality.
(Ord. 292 § 601, 1980)
17.16.020 Permitted principal uses and structures.
The following principal uses and structures shall be permitted in the agricultural district:
A. Any form of agriculture, including the raising of crops, horticulture,
animal husbandry and kennels;
B. Dwellings and their normal accessory buildings including mobilehomes
(mobilehomes not to exceed five units);
C. Railroad track right-of-way; and
D. Living quarters of persons employed on premises.
(Ord. 292 § 602, 1980)
17.16.030 Permitted accessory uses and structures.
The following accessory uses and structures shall be permitted in the agricultural district:
A. Roadside produce stands in conjunction with a bona fide farm operation on
the premises;
B. Artificial lake(s); and
C. Home occupations.
(Ord. 292 § 603, 1980)
17.16.040 Special exceptions.
After notice and appropriate safeguards, the board of adjustment may permit the following
exceptions in the (AG) agricultural district, providing no new facility is closer than one
mile from any occupied dwelling unless written permission is granted by owner or owners of
such dwelling. (Existing activities listed below that expand within their present location
are exempt from this section.)
A. Fairgrounds, racetracks and amusement parks;
B. Utility substations;
C. Airports;
D. Cemeteries;
E. Golf courses, country clubs and golf-driving ranges;
F. Amphitheaters, stadiums, drive-in movies, arenas and field houses;
G. Go-cart tracks, riding stables, play fields, athletic fields, bowling,
swimming pools, automobile parking;
H. Public roads, public recreational areas, churches and schools;
I. Commercial feedlots;
J. Operation and maintenance terminal for truck and other equipment;
K. Junkyards and salvage yards provided they are set back one thousand (1,000)
feet from state and federal road rights-of-way; if not, they must be screened and not
visible to main traveled way; and
L. Sanitary landfill sites in accordance with South Dakota Department of
Environmental Protection Agency regulations.
(Ord. 292 § 604, 1980)
17.16.050 Maximum number of approaches.
There shall be no more than one access approach on a public road or highway per one-quarter
mile on each side of the road.
(Ord. 292 § 605, 1980)
17.16.060 Minimum yard.
There shall be a front yard of not less than eighty (80) feet deep from state and federal
rights-of-way or sixty (60) feet deep from other public road rights-of-way. There shall be a
frontage of not less than two hundred (200) feet across the lot.
(Ord. 292 § 606, 1980)
17.16.070 Minimum shelter-belt setback.
Shelter-belts consisting of one or more rows when parallel to the right-of-way shall be set
back a minimum of one hundred fifty (150) feet from the right-of-way line. Field belts
consisting of one or more rows perpendicular of the right-of-way shall be set back a minimum
of seventy-five (75) feet from the right-of-way line. Shelter-belts for existing farmstead
purposes are exempt from minimum setback requirements.
(Ord. 292 § 607, 1980)
Chapter 17.20
AGRICULTURAL FRINGE PROTECTION DISTRICT (AG-II)
Sections:
17.20.010 Statement of intent.
17.20.020 Permitted principal uses and structures.
17.20.030 Permitted accessory uses and structure.
17.20.040 Special exceptions.
17.20.050 Maximum number of approaches.
17.20.060 Maximum yard.
17.20.070 Minimum shelter-belt setback.
17.20.010 Statement of intent.
The intent of this district is to protect land adjacent to communities from premature
development that would inhibit orderly growth and development within the fringe area while
maintaining normal agricultural undertaking.
(Ord. 292 § 701, 1980)
17.20.020 Permitted principal uses and structures.
The following principal uses and structures shall be permitted in agricultural fringe
protection district:
A. Any form of agriculture, including the raising of crops, horticulture,
animal husbandry and kennels;
B. Dwellings and their normal accessory buildings including mobilehomes
(mobilehomes not to exceed five units);
C. Railroad track right-of-way; and
D. Living quarters of persons employed on premises.
(Ord. 292 § 702, 1980)
17.20.030 Permitted accessory uses and structure.
The following accessory uses and structures shall be permitted in the agricultural fringe
protection district:
A. Roadside produce stands in conjunction with a bona fide farm operation on
the premises;
B. Artificial lake(s); and
C. Home occupations.
(Ord. 292 § 703, 1980)
17.20.040 Special exceptions.
After notice and appropriate safeguards, the board of adjustment may permit the following
special exceptions in the (AG-II) district, providing no new facility is closer than one
mile from any occupied dwelling unless written permission is granted by owner or owners of
such dwelling: (Existing activities listed below that expand within their present locations
are exempt from this section.)
A. Fairgrounds, racetracks and amusement parks;
B. Utility substations;
C. Airports;
D. Cemeteries;
E. Golf courses, country clubs and golf-driving ranges;
F. Amphitheaters, stadiums, drive-in movies, arenas and field houses;
G. Go-cart tracks, riding stables, play fields, athletic fields, bowling,
swimming pools and automobile parking;
H. Public parks, public recreational areas, churches and schools;
I. Commercial feedlots;
J. Operation and maintenance terminal for truck and other equipment;
K. Junkyards and salvage yards provided they are set back one thousand (1,000)
feet from state and federal road rights-of-way; if not, they must be screened and not
visible to main traveled ways; and
L. Sanitary landfill sites in accordance with the South Dakota Department of
Environmental Protection Agency regulations.
(Ord. 292 § 704, 1980)
17.20.050 Maximum number of approaches.
There shall be no more than one access approach on a public road or highway per one-quarter
mile on each side of the roads.
(Ord. 292 § 705, 1980)
17.20.060 Maximum yard.
There shall be a front yard of not less than eighty (80) feet deep from state and federal
rights-of-way or sixty (60) feet deep from other public rights-of-way. The minimum lot area
shall be two acres. There shall be a frontage of not less than two hundred (200) feet across
the lot.
(Ord. 494, 2007: Ord. 292 § 706, 1980)
17.20.070 Minimum shelter-belt setback.
Shelter-belts consisting of one or more rows when parallel to the right-of-way shall be set
back a minimum of one hundred fifty (150) feet from the right-of-way line. Field belts
consisting of one or two rows perpendicular to the right-of-way shall be set back a minimum
of seventy-five (75) feet from the right-of-way line. Shelter-belts for existing farmstead
purposes are exempt from minimum setback requirements.
(Ord. 292 § 707, 1980)
Chapter 17.24
RESIDENTIAL DISTRICT (R-1)
Sections:
17.24.010 Intent.
17.24.020 Permitted principal uses and structures.
17.24.030 Permitted accessory uses and structures.
17.24.040 Special exceptions.
17.24.050 Minimum lot requirements.
17.24.060 Minimum yard requirements.
17.24.070 Maximum height requirements.
17.24.010 Intent.
The intent of residential district (R-l) is to provide residential uses of varying types and
other compatible uses in a pleasant and stable environment.
(Ord. 292 § 801, 1980)
17.24.020 Permitted principal uses and structures.
A. Single-family and two-family dwellings;
B. Noncommercial horticultural uses;
C. Mobilehomes at least twenty-four (24) feet wide, placed on a permanent
foundation for single-family use;
D. Mobilehomes that were grandfathered in by prior ordinances may be upgraded
in the same location if the newer model is of better quality and condition with wood siding,
shingled pitched roof and on a permanent foundation.
(Ord. 354 § 1, 1991; Ord. 343 § 1, 1989; Ord. 292 § 802, 1980)
17.24.030 Permitted accessory uses and structures.
A. Home occupations and professional offices; and
B. Accessory uses and structures normally appurtenant to the permitted uses and
structures when established within space limits of this district.
(Ord. 292 § 803, 1980)
17.24.040 Special exceptions.
After the provisions of this title relating to special exceptions have been fulfilled, the
board of adjustment may permit as special exceptions in (R-l) residential district:
A. Multifamily dwellings;
B. Colleges and universities;
C. Churches, synagogues and temples;
D. Nursery, primary, intermediate and secondary schools;
E. Public recreational and park facilities;
F. Golf courses and country clubs;
G. Cemeteries;
H. Utility substations;
I. Convalescent, nursing and rest homes;
J. Medical and other health facilities;
K. Governmental services; and
L. Recreational uses.
(Ord. 292 § 804, 1980)
17.24.050 Minimum lot requirements.
The minimum lot areas shall be seven thousand (7,000) square feet for single- and two-family
dwellings. The minimum lot area per dwelling unit in a multifamily dwelling shall be seven
thousand (7,000) feet for the first two units and one thousand five hundred (1,500) square
feet for each additional dwelling unit. The minimum width shall be fifty (50) feet.
(Ord. 292 § 805, 1980)
17.24.060 Minimum yard requirements.
There shall be a front yard of not less than a depth of fifteen (15) feet. There shall be a
rear yard of not less than a depth of seven feet. Each side yard shall not be less than
seven feet from the outermost edge of the structure.
(As amended by ordinance dated 7/25/05: Ord. 292 § 806, 1980)
17.24.070 Maximum height requirements.
There shall be a maximum height of ten (10) feet side walls from ground level to eave and a
maximum height of sixteen (16) feet peak from ground level on any outbuilding.
(Ord. 419 § 1, 1999; Ord. 304 § 1, 1982)
Chapter 17.28
PLANNED MOBILEHOME DISTRICT (R-2)
Sections:
17.28.010 Intent.
17.28.020 Permitted principal uses and structures.
17.28.030 Permitted accessory uses and structures.
17.28.040 Minimum lot requirements.
17.28.050 Minimum yard requirements.
17.28.060 Mobilehome parks (R-2).
17.28.070 Mobilehome regulations within a mobilehome park.
17.28.010 Intent.
This (R-2) district is created to preserve and enhance property values in the city by
providing designated, distinctive area of not less than two acres having a minimum of three
hundred (300) feet in width in which mobilehomes may be situated for residential dwelling
purposes. It is the intent that this district be a desirable, prominent area providing
adequate space and essentially the same considerations given of other residential districts.
(Ord. 292 § 901, 1980)
17.28.020 Permitted principal uses and structures.
The following principal uses and structures shall be permitted in (R-2) planned mobilehome
district:
A. Mobilehome dwellings;
B. Laundromats including facilities for coin-operated dry cleaning machines;
and
C. Parks and playgrounds.
(Ord. 292 § 902, 1980)
17.28.030 Permitted accessory uses and structures.
Only those accessory uses and structures customarily incidental to principal uses and
structures are permitted.
(Ord. 292 § 903, 1980)
17.28.040 Minimum lot requirements.
The minimum lot area for individual mobilehomes shall be four thousand (4,000) square feet.
The overall density of any mobilehome park shall not exceed eight units per gross acre, and
the net density of any particular acre shall not exceed ten (10) units per acre.
(Ord. 292 § 904, 1980)
17.28.050 Minimum yard requirements.
The minimum distance required for the separation of a mobilehome from any other mobilehome
shall be twenty (20) feet from side to rear, and twenty (20) feet from rear to rear; front
setback from private drive of fifteen (15) feet.
(Ord. 292 § 905, 1980)
17.28.060 Mobilehome parks (R-2).
A mobilehome park may be established by following the rezoning process for the residential
mobilehome (R-2) district provided:
A. A request for a change in zoning districts to residential (R-2) mobilehome
shall set forth the topography, legal description of the proposed mobilehome park property,
and a sketch of the proposed mobilehome park, showing dimensions, driveways, proposed
locations of mobilehomes, the location of sanitary conveniences and other buildings and
improvements;
B. Certification of compliance with all ordinances and regulations regarding
mobilehome park licensing and zoning, health, plumbing, electrical, building, fire
prevention and all other applicable ordinances and regulations shall be a prior requirement;
and
C. Property line, easements and rights-of-way will also be shown.
(Ord. 292 § 906, 1980)
17.28.070 Mobilehome regulations within a mobilehome park.
A. Planned mobilehome developments are permitted as a matter of right in
districts zoned as planned mobilehome districts (R-2). However, to implement the statement
of intent for this district, the following standards shall be met by any applicant:
1. The proposed property shall be located so that it shall not be necessary for
excessive traffic movement from the park to pass through an existing single-family
residential area or area suitable for future single-family residential development.
2. The property is not within an area used nor planned for industrial
development, nor will the occupants of the proposed park be in any way adversely affected by
nearby existing or planned industrial uses.
B. Access and Street Requirements.
1. All mobilehome spaces must be served from internal private streets within
the mobilehome park, and there shall be no direct access from a mobilehome space to a public
street or alley. These streets must be at least graveled.
2. A minimum of two off-street parking spaces shall be provided for each
mobilehome space; guest parking in the ratio of one parking space per five mobilehome spaces
shall be interspersed throughout the mobilehome park.
3. No internal private street access to public streets shall be closer than one
hundred (100) feet to any public street intersection.
4. All streets shall be lighted in accordance to the standards of the city.
5. Stop signs shall be placed at all public street intersections. Yield signs
placed appropriately in internal private streets.
6. Entrance to mobilehome parks shall be designed to allow free movement of
traffic on such adjacent public roads.
7. Streets should be of adequate widths to accommodate the contemplated parking
and traffic load in accordance with the type of street with ten (10) feet minimum moving
lanes for collector streets, nine feet minimum moving lanes for minor streets, and seven
feet minimum lanes for parallel parking.
8. Other requirements:
a. Applicants shall comply with appropriate requirements of the subdivision
regulations.
b. Each mobilehome park shall provide screened areas for refuse disposal of an
adequate size for the disposal of such refuse on a regularly scheduled basis.
c. Additional development requirements may be prescribed as conditions when
such requirements are determined to be necessary to ensure the protection of the character
of the neighboring properties, the compatibility of land uses, and the health and safety of
mobilehome park occupants.
(Ord. 292 § 907, 1980)
Special Note: Also refer to Section 17.52.040 and Appendix A at the end of this title for
further mobilehome regulations and mobilehome standards.
Chapter 17.32
RESIDENTIAL DISTRICT (R-4)
Sections:
17.32.010 Intent.
17.32.020 Permitted principal uses and structures.
17.32.030 Permitted accessory uses and structures.
17.32.040 Special exceptions.
17.32.050 Minimum lot requirements.
17.32.060 Minimum yard requirements.
17.32.010 Intent.
The intent of this district is to provide for residential uses of all types and other
compatible uses in a pleasant and stable environment.
(Ord. 292 § 1001, 1980)
17.32.020 Permitted principal uses and structures.
A. Single-family dwellings;
B. Multi-family dwellings; and
C. Non-commercial horticultural uses.
(Ord. 498, 2008; Ord. 292 § 1002, 1980)
17.32.030 Permitted accessory uses and structures.
A. Home occupations and professional offices; and
B. Accessory uses and structures normally appurtenant to the permitted uses and
structures when established within space limits of this district.
(Ord. 292 § 1003, 1980)
17.32.040 Special exceptions.
After notice and appropriate safeguards, the board of adjustment may permit as conditional
uses:
A. Churches, synagogues and temples;
B. Nursery, primary, intermediate and secondary schools;
C. Public recreational and park facilities;
D. Golf courses and country clubs;
E. Medical and other health facilities;
F. Cemeteries;
G. Governmental services;
H. Hospitals, convalescent, nursing and rest homes;
I. Utility substations; and
J. Commercial uses.
(Ord. 292 § 1004, 1980)
17.32.050 Minimum lot requirements.
The minimum lot area shall be seven thousand (7,000) square feet for single-family and
multifamily dwellings. The minimum lot width shall be fifty (50) feet.
(Ord. 292 § 1005, 1980)
17.32.060 Minimum yard requirements.
There shall be a front yard of not less than a depth of fifteen (15) feet. There shall be a
rear yard of not less than a depth of five feet. Each side yard shall be five feet from the
outermost edge of the structure.
(As amended by ordinance dated 7/25/05: Ord. 292 § 1006, 1980)
Chapter 17.36
COMMERCIAL DISTRICT (C)
Sections:
17.36.010 Intent.
17.36.020 Permitted principal uses and structures.
17.36.030 Special exceptions.
17.36.040 Minimum lot requirements.
17.36.050 Minimum yard requirements.
17.36.010 Intent.
The intent of the commercial district (C) is to provide a commercial area for those
establishments serving the general shopping needs of the trade area and in particular, those
establishments customarily oriented to the pedestrian shopper. The grouping of uses is
intended to strengthen the central business area as the urban center of trade, service,
governmental and cultural activities and to provide neighborhood commercial convenience
areas.
(Ord. 292 § 1101, 1980)
17.36.020 Permitted principal uses and structures.
The following principal uses and structures shall be permitted in the (C) commercial
district:
A. All retail sales and service;
B. Finance, insurance and real estate services; and
C. Lodges and fraternal organizations.
(Ord. 292 § 1102, 1980)
17.36.030 Special exceptions.
After the provisions of this title relating to special exceptions have been fulfilled, the
board of adjustment may permit as special exceptions in the (C) commercial district:
A. Grain elevators;
B. Other trade and service uses which are similar to the permitted principal
uses are in harmony with the intent of this district;
C. Structures containing both commercial and residential uses;
D. Wholesale trade;
E. Multifamily and single-family dwellings; and
F. Light manufacturing which requires no open storage of materials or goods
either before, during, or after the manufacturing process and which is of low noise and
nuisance level.
(Ord. 355 § 1, 1991; Ord. 292 § 1103, 1980)
17.36.040 Minimum lot requirements.
The minimum lot area shall be two thousand four hundred (2,400) square feet. The minimum lot
width shall be twenty-five (25) feet.
(Ord. 292 § 1105, 1980)
17.36.050 Minimum yard requirements.
All buildings located on lots adjacent to a residential district shall be located so as to
conform on the adjacent side with the side yard requirements for the adjacent residential
district.
(Ord. 292 § 1106, 1980)
Chapter 17.40
HIGHWAY COMMERCIAL DISTRICT (HC)
Sections:
17.40.010 Intent.
17.40.020 Permitted principal uses and structures.
17.40.030 Permitted accessory uses and structures.
17.40.040 Special exceptions.
17.40.050 Minimum yard requirements.
17.40.010 Intent.
The intent of the highway commercial district (HC) is to provide commercial areas for these
establishments which can function most satisfactorily in an area directly related to a major
vehicular circulation route due to the nature of the merchandise handled and the display
space required, particularly items requiring expansive display area such as motor vehicles,
trailers and farm implements; the method of transport required to the purchaser for the
merchandise handled, particularly goods customarily traded in bulk such as lumber or feed
requiring access for the customer to the sales area; primary dependence upon vehicular, as
opposed to pedestrian, access such as drive-in facilities and all types of automotive and
farm implement service; or the clientele toward which the establishments are primarily
oriented, particularly travelers on the highway.
(Ord. 292 § 1201, 1980)
17.40.020 Permitted principal uses and structures.
The following principal uses and structures shall be permitted in (HC) highway commercial
district:
A. All retail sales and services; and
B. Wholesale trade.
(Ord. 292 § 1202, 1980)
17.40.030 Permitted accessory uses and structures.
The following accessory uses and structures shall be permitted in (HC) highway commercial
district:
A. Accessory uses normally appurtenant to the permitted principal uses and
structures when established in conformance within the space limits of this district.
(Ord. 292 § 1203, 1980)
17.40.040 Special exceptions.
Industry and manufacturing.
(Ord. 292 § 1204, 1980)
17.40.050 Minimum yard requirements.
There shall be a front yard of not less than a depth of forty (40) feet. There shall be a
rear yard of not less than a depth of twenty (20) feet. Each side yard shall be not less
than ten (10) feet as measured from the outermost edge of the structure.
(Ord. 292 § 1205, 1980)
Chapter 17.44
GENERAL INDUSTRIAL DISTRICT (I)
Sections:
17.44.010 Intent.
17.44.020 Permitted uses and structures.
17.44.030 Permitted accessory uses and structures.
17.44.040 Special exceptions.
17.44.050 Minimum yard requirements.
17.44.010 Intent.
The intent of the general industrial district (I) is to provide space for certain types of
industrial and/or manufacturing and/or warehousing or storage operations which are
compatible to adjoining districts. Such uses generally require open storage of materials or
goods either before, during or after the manufacturing process but are of a low noise or
nuisance level. Land designated for this district should be located in relation to the
thoroughfare network of the community as well as rail and air if required and designated so
as to not disrupt normal traffic flow. Because of increased technological developments,
extensive lists of permitted and prohibited uses is impractical, therefore, to safeguard the
public interests, planned industrial parks are encouraged in this district.
(Ord. 292 § 1301, 1980)
17.44.020 Permitted uses and structures.
There are no permitted principal uses and structures.
(Ord. 292 § 1302, 1980)
17.44.030 Permitted accessory uses and structures.
There are no permitted accessory uses and structures.
(Ord. 292 § 1303, 1980)
17.44.040 Special exceptions.
All industrial uses and structures will be allowed by special exception. The board of
adjustment may permit as special exceptions in general industrial districts any use which is
consistent with the intent of this district. The performance standards found in Appendix B
of this title may be used as guidelines in determining special exceptions.
(Ord. 292 § 1304, 1980)
17.44.050 Minimum yard requirements.
There shall be a front yard of not less than a depth of twenty-five (25) feet. There shall
be a rear yard of not less than a depth of twenty (20) feet. Each side yard shall not be
less than twenty (20) feet, provided, that on lots adjacent to a residential district, all
buildings shall be located so as to provide a minimum side and rear yard of twenty-five (25)
feet along that portion of the lot adjacent to the residential district.
(Ord. 292 § 1305, 1980)
Chapter 17.48
PARKS AND RECREATION DISTRICT (PR)
Sections:
17.48.010 Intent.
17.48.020 Permitted principal uses.
17.48.030 Permitted accessory uses and structures.
17.48.040 Special exceptions.
17.48.010 Intent.
The intent and purpose of the parks and recreation district (PR) is to provide for
recreational and leisure time activities through the maintenance of large areas of open
space. To preserve certain locations which have a historic value, by which much benefit can
be derived by many people.
(Ord. 292 § 1401, 1980)
17.48.020 Permitted principal uses.
The following principal uses shall be permitted in (PR) parks and recreation district:
A. Limited agriculture and horticulture;
B. Swimming, boating, camping; hiking and bicycle trails;
C. Docks, piers, landings, boat launches and bathhouses;
D. Commercial outdoor recreation;
E. Riding stables;
F. Parks and recreation areas;
G. Public access areas and facilities;
H. Public sporting fields and streams, tennis courts;
I. Skating rinks; and
J. Archery ranges.
(Ord. 292 § 1402, 1980)
17.48.030 Permitted accessory uses and structures.
The following accessory uses and structures shall be permitted in (PR) parks and recreation
district:
A. Accessory uses and structures normally appurtenant to the permitted uses and
structures when established within space limits of this district;
B. Concessions;
C. Marinas;
D. Shooting ranges; and
E. Utility substations.
(Ord. 292 § 1403, 1980)
17.48.040 Special exceptions.
After the provisions of this title relating to special exceptions have been fulfilled, the
board of adjustment may permit as special exceptions in (PR) parks and recreation district:
A. Clubhouses;
B. Golf courses;
C. Parking lots; and
D. Single-family dwellings, provided they meet the yard requirements of the
agricultural district.
(Ord. 292 § 1404, 1980)
Chapter 17.52
SUPPLEMENTARY DISTRICT REGULATIONS
Sections:
17.52.010 Visibility at intersections.
17.52.020 Erection of more than one principal structure on a lot.
17.52.030 Spacing of signs.
17.52.040 Mobilehome regulations.
17.52.050 Unauthorized mobilehomes.
17.52.010 Visibility at intersections.
On all corner lots and lots bordering alleys and all private driveways intersecting public
roads in all districts except commercial, nothing shall be erected, placed, planted or
allowed to grow in such a manner as materially to impede vision between a height of two and
one-half and ten (10) feet above the centerline grades of the intersecting streets, in the
area formed by a radius of twenty (20) feet from the intersection of the street, curbs or
edge.
(Ord. 292 § 1501, 1980)
17.52.020 Erection of more than one principal structure on a lot.
In any district, more than one structure housing a permitted or permissible principal use
may be erected on a single lot, provided, that yard and other requirements of this title
shall be met for each structure as though it were on an individual lot.
(Ord. 292 § 1502, 1980)
17.52.030 Spacing of signs.
Signs may not be located in such a manner as to obscure or otherwise physically interfere
with the effectiveness of an official traffic sign, signal or device; obstruct or physically
interfere with the drivers view of approaching, merging or intersecting traffic.
(Ord. 292 § 1503, 1980)
17.52.040 Mobilehome regulations.
All inhabitated mobilehomes in all districts must comply with the following mobilehome
regulations:
A. Mobilehome Tiedowns. Each mobilehome up to fourteen (14) feet in width shall
be provided with over-the-top tiedowns to meet the following standards, and all mobilehomes
shall require the number of frame ties as shown in the following table:
Table 17.52.040
10- AND 12-FOOT WIDE MOBILEHOMES
12- AND 14-FOOT WIDE MOBILEHOMES
30-50 foot long 50-60 foot long 60-70 foot long
No. of frame ties* No. of over-the-top ties No. of frame ties* No. of
over-the-top ties No. of frame ties* No. of over-the-top ties
5 4 6 4 7 4
* Additional criteria on mobilehome piers, footings, tiedowns and anchors can be found in
Appendix A at the end of this title.
B. Ground Anchors. Mobilehome ground anchors shall be provided for each
mobilehome. Anchors shall be capable of withstanding five thousand seven hundred (5,700)
pounds of pull and sunk to a depth of five feet.
C. Skirting. All mobilehomes shall have adequate skirting from the bottom of
coach to the ground.
(Ord. 292 § 1504, 1980)
17.52.050 Unauthorized mobilehomes.
No mobilehomes shall be parked and occupied in any unauthorized district for more than seven
days except upon a special permit issued by the zoning administrator. Such permit shall be
issued for a period not to exceed thirty (30) days and shall not be renewable within the
same calendar year. Provided, however, a permit may be issued for parking or occupying a
mobilehome on land owned by the occupant or occupants, during the construction of a house
thereon for a period not exceeding one hundred eighty (180) days and which shall be
renewable for an additional period not exceeding one hundred eighty (180) days. However, if
material progress with house construction is not made within forty-five (45) days from
issuance of a permit, such permit shall become void.
Table 17.52.050
SCHEDULE OF MINIMUM OFF-STREET PARKING AND LOADING
REQUIREMENTS FOR ALL DISTRICTS EXCEPT FOR
COMMERCIAL DISTRICT (C)
Structures and Uses Minimum Off-Street Parking Required Minimum Off-Street Loading
Requirements
Bowling alleys 4 spaces per alley 1 space per establishment
Churches, synagogues and temples 1 space per 4 seats in main unit of worship None
required
Eating and drinking places Parking spaces equal to 20% of capacity in persons 2
spaces per establishment
Educational uses, nursery and primary Parking spaces equal to 20% of capacity in students
2 spaces per structure
Educational uses, all other Parking spaces equal to 40% of capacity in students 2
spaces per structure
Funeral Homes and Chapels 8 spaces per reposing room 2 spaces per establishment
Hospitals 1 space per 2 beds 3 spaces per structure
Hotels 1 space per 2 rental units 1 space per establishment
Industrial uses 1 space per 2 employees on largest shift 2 spaces per establishment
Libraries 1 space per 500 square feet of floor area 1 space per structure
Lodging and boarding houses 1 space per 2 rental units None required
Medical clinics 5 spaces per staff doctor or dentist None required
Mobilehome parks 2 spaces per dwelling unit None required
Motels 1 space per rental unit, plus 1 space per employee None required
Private clubs and lodges 1 space per 500 square feet of floor area 1 space per
establishment
Residential structures (including mobilehome) 2 spaces per dwelling unit None
required
Roadside stands 4 spaces per establishment None required
Sanitariums, convalescent and rest home services 1 space per 3 beds, plus 1 space per
employee 1 space per establishment
Theaters, auditoriums and places of assembly 1 space per 5 people in designated capacity
1 space per establishment
Veterinary establishment 3 spaces per staff doctor None required
Wholesaling and distributing operation 1 space per 2 employees on largest shift 2
spaces per establishment
Offices--Professional or public, business (including banks) 1 space for each 200 feet of
gross floor space
Vehicle sales and repair 1 space for each 2 employees at maximum employment on a
single shift, plus 2 spaces for each 300 square feet of repair or maintenance area
Vehicle service stations 2 spaces for each gas pump, plus 3 spaces for each grease
rack or similar facility
(Ord. 292 § 1505, 1980)
Chapter 17.54
FENCES, HEDGES AND WALLS
Sections:
17.54.010 Fences, hedges and walls.
17.54.010 Fences, hedges and walls.
A. As used in this chapter, fence, hedge or wall shall include a fence, hedge,
wall, column, pier, post, latticework, screen or any similar structure or any combination of
such structures.
B. No person shall erect or maintain within the city of Britton, Marshall
County, South Dakota, a fence, hedge, or wall, unless it meets the following conditions:
1. Be a minimum of eighteen (18) inches from any public sidewalk or
right-of-way;
2. Be a minimum of eighteen (18) inches from the property line unless a written
agreement with the abutting landowner is obtained and filed with the city finance officer
prior to the construction of any fence. The written agreement should contain the legal
description of both properties and should be signed and notarized prior to filing with the
city finance officer;
3. Be constructed and maintained at a height and in an area where such
structure will not obstruct a clear vision of intersecting roadways or otherwise constitute
a traffic hazard;
4. Be thirty-six (36) inches or less in height if such structure is solid or
closed so as to prevent vision, and is located in a front yard. Open vision type structures,
such as chain link fences shall be forty-eight (48) inches in height or less when placed in
a front yard;
5. Be eight feet or less in height when located in a back yard or side yard
(when a corner lot is involved);
6. Be constructed and maintained in good condition so as to serve the purpose
for which such structure was originally constructed, so that it shall not be hazardous or
dangerous to persons or animals, so that it shall not become unsightly to the neighborhood
or otherwise constitute a nuisance;
7. Prior to the construction of any such fence, it will be required that
whoever is constructing such fence obtain a building permit from the city.
C. Barbed wire or other sharp, pointed, or electrically charged fence is only
permitted to contain livestock or to protect crops and other plantings and are only
permitted if they do not endanger persons or animals.
D. The use of boxes, sheet metal, old or decayed wood, broken masonry blocks or
other like unsightly materials to build a fence, hedge or wall is prohibited.
E. Fencing around athletic facilities and public property shall be exempt from
the requirements of this chapter. (Added by ordinance dated 7/11/05)
Chapter 17.56
NONCONFORMING LOTS, STRUCTURES AND USES
Sections:
17.56.010 Intent.
17.56.020 Nonconforming lots of record.
17.56.030 Nonconforming uses of land (or land with minor structures only).
17.56.040 Nonconforming structures.
17.56.050 Repairs and maintenance.
17.56.060 Conditional uses shall not be nonconforming uses.
17.56.010 Intent.
A. Within the districts established by this title, or amendments that may later
be adopted, there exist:
1. Lots;
2. Structures;
3. Uses of land and structures; and
4. Characteristics of use which were lawful before the ordinance codified in
this title was passed or amended but which would be prohibited, regulated or restricted
under its current terms or future amendment. It is the intent of this title to permit these
nonconformities to continue until they are removed, but not to encourage their survival. It
is further the intent of this title that nonconformities shall not be enlarged upon,
expanded or extended nor be used as grounds for adding other structures or uses prohibited
elsewhere in the same district.
B. Nonconforming uses are declared by these regulations to be incompatible with
other permitted uses in the districts involved. A nonconforming use of structure or a
nonconforming use of land and structure combination shall not be extended or enlarged, after
passage of the ordinance codified in this title, by attachment on a building or premises
intended to be seen from off the premises or by the addition of other uses of a nature which
would be prohibited generally in the district involved.
C. To avoid undue hardship, nothing in this title shall be deemed to require a
change in the plans, construction or designated use of any building on which actual
construction was lawfully begun prior to the effective date of the adoption or amendment of
the ordinance codified in this title, and upon which actual building construction has been
carried on diligently. Actual construction includes the placing of construction materials in
permanent position and fastened in a permanent manner. Where excavation or demolition or
removal of an existing building has been substantially begun preparatory to rebuilding, such
excavation or demolition or removal shall be deemed to be actual construction, provided that
work shall be carried on diligently.
(Ord. 292 § 1601, 1980)
17.56.020 Nonconforming lots of record.
A. In any district in which single-family dwellings are permitted, a
single-family dwelling and customary accessory buildings may be erected on any single lot of
record at the effective date of adoption or amendment of the ordinance codified in this
title, notwithstanding limitations imposed by other provisions of this title.
B. Such lot must be in separate ownership. This provision shall apply even
though such lot fails to meet the requirements for area or width, or both, that are
generally applicable in the district, provided that yard dimensions and requirements other
than those applying to area or width, or both, of the lot shall conform to the regulations
of the district in which such lot is located. Variance of yard requirements shall be
obtained only through action of the city board of adjustment.
C. In any district, if two or more lots or combinations of lots and portions of
lots with continuous frontage in single ownership are of record at the time of passage or
amendment of the ordinance codified in this title, and if all or part of the lots do not
meet the requirements established for lot width and area, the lands involved shall be
considered to be undivided parcel for the purpose of this title; and no portion of such
parcel shall be used or sold in a manner which diminished compliance with lot width and area
requirements established by this title; nor shall any division of any parcel be made which
creates a lot with width or area below requirements stated in this title.
(Ord. 292 § 1602, 1980)
17.56.030 Nonconforming uses of land (or land with minor structures only).
Where at the time of passage of the ordinance codified in this title, lawful use of land
exists which would not be permitted by the regulations imposed by this title, the use may be
continued so long as it remains otherwise lawful, provided:
A. No such nonconforming use shall be moved in whole or in part to any portion
of the lot or parcel other than that occupied by such use at the effective date of adoption
or amendment of the ordinance codified in this title;
B. If any such nonconforming use of land ceases for any reason for a period of
more than two years, any subsequent use of such land shall conform to the regulations
specified by this title for the district in which such land is located;
C. No additional structure not conforming to the requirements of this title
shall be erected in connection with such nonconforming use of land.
(Ord. 292 § 1603, 1980)
17.56.040 Nonconforming structures.
Where a lawful structure exists at the effective date of adoption or amendment of the
ordinance codified in this title that could not be built under the terms of this title by
reason of restrictions on area, lot coverage, height, yards, its location on the lot or
other requirements concerning the structure, such structure may be continued so long as it
remains otherwise lawful, subject to the following provisions:
A. No such nonconforming structure may be enlarged or altered in a way which
increases its nonconformity, but any structure or portion of such structure may be altered
to decrease its nonconformity;
B. Should such nonconforming structure or nonconforming portion of structures
be destroyed by any means to an extent of more than fifty (50) percent of its reasonable
fair market value/replacement cost at the time of destruction, it shall not be reconstructed
except in conformity with the provisions of this title;
C. Should such structure be moved for any reason for any distance whatever, it
shall thereafter conform to the regulations for the district in which it is located after it
is moved.
(Ord. 292 § 1604, 1980)
17.56.050 Repairs and maintenance.
A. On any nonconforming structure or portion of a structure containing a
nonconforming use, work may be done in any period of twelve (12) consecutive months on
ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or
plumbing, to an extent not exceeding ten (10) percent of the current reasonable fair market
value/replacement cost of the nonconforming structure or nonconforming portion of the
structure as the case may be, provided that the cubic content existing when it became
nonconforming shall not be increased.
B. If a nonconforming structure or portion of a structure containing a
nonconforming use becomes physically unsafe or unlawful due to lack of repairs and
maintenance and is declared by any duly authorized official to be unsafe or unlawful by
reason of physical condition, it shall not thereafter be restored, or rebuilt except in
conformity with the regulations of the district in which it is located.
C. Nothing in this title shall be deemed to prevent the strengthening or
restoring to a safe condition of any building or part of any such building declared to be
unsafe by an official charged with protecting the public safety, upon order of such
official.
(Ord. 292 § 1605, 1980)
17.56.060 Conditional uses shall not be nonconforming uses.
Any use which is permitted as a conditional use in a district under the terms of this title
(other than a change through city planning commission action from a nonconforming use to
another use not generally permitted in the district) shall not be deemed a nonconforming use
in such district but shall without further action be considered a conforming use at the date
of adoption of the ordinance codified in this title.
(Ord. 292 § 1606, 1980)
Chapter 17.60
ADMINISTRATION AND ENFORCEMENT
Sections:
17.60.010 Administration and enforcement.
17.60.020 Building permits required.
17.60.030 Application for building permit.
17.60.040 Construction and use to be as provided in applications and permits.
17.60.050 Application for permit to include estimated cost of construction.
17.60.010 Administration and enforcement.
A. An administrative official who shall be known as the zoning administrator
and who shall be designated by the city board shall administer and enforce this title. He or
she may be provided with the assistance of such persons as the city board may direct.
B. If the zoning administrator shall find that any of the provisions of this
title are being violated, he or she shall notify in writing the person responsible for such
violations, indicating the nature of the violation and ordering the action necessary to
correct it. He or she may order discontinuance of illegal use of land, buildings or
structures; removal of illegal buildings or structures or of illegal additions, alterations
or structural changes; discontinuance of any illegal work being done; or shall take any
other action authorized by this title to insure compliance with or to prevent violation of
its provisions.
(Ord. 292 § 1701, 1980)
17.60.020 Building permits required.
No building shall be erected, partially erected, moved, added to or structurally altered
without a permit therefor issued by the zoning administrator. Further, no mobile or modular
homes shall be placed, moved, added to or structurally altered without a permit therefor
issued by the zoning administrator. No building permit shall be issued by the zoning
administrator except in conformity with the provisions of this title, unless he or she
received a written order from the city planning and zoning commission in the form of an
administrative review, special exception or variance as provided by this title.
(Ord. 410 § 1, 1998; Ord. 292 § 1702, 1980)
17.60.030 Application for building permit.
A. All applications for building permits shall show the actual dimensions and
shape of the lot to be built upon; the exact sizes and locations on the lot of the buildings
already existing, if any; and the location and dimensions of the proposed building or
alteration.
B. The application shall include such other information as lawfully may be
required by the zoning administrator, including existing or proposed building or alteration;
existing or proposed uses of the building and land; the number of families, housekeeping
units, or rental units the building is designed to accommodate; conditions existing on the
lot; and such other matters as may be necessary to determine conformance with, and provide
for the enforcement of the title.
C. One copy of the application shall be returned to the applicant by the zoning
administrator after he or she shall have marked such copy either as approved or disapproved
and attested to such approval or disapproval by his or her signature on such copy. If a
building permit is refused, the zoning administrator shall state the reasons for such
refusal in writing. The original and one copy of the application, similarly marked, shall be
retained by the zoning administrator.
D. If the work described in any building permit has not been substantially
completed within one year of the date of issuance of such permit, such permit shall expire
and be canceled by the zoning administrator; and written notice of such cancellation shall
be given to the persons affected, together with the notice that further work as described in
the canceled permit not proceed unless a new building permit has been obtained.
E. The issuance of a building permit shall, in no case, be construed as waiving
any provisions of this title.
(Ord. 292 § 1703, 1980)
17.60.040 Construction and use to be as provided in applications and permits.
Building permits issued on the basis of applications approved by the zoning administrator
authorize on the use, arrangement and construction set forth in such approved application.
Use, arrangement or construction at variance with that authorized shall be deemed a
violation of this title and shall be punishable as provided by Section 17.80.020.
(Ord. 292 § 1704, 1980)
17.60.050 Application for permit to include estimated cost of construction.
All building/zoning permits shall be obtained by application of the owner or builder and
shall give an estimated cost of the construction or repairs and initial fees shall be based
in such estimate; provided that if at the completion of such construction or repair the
estimated cost as given in the application appears inadequate to the building or zoning
official, he or she may demand bills or receipts to substantiate such value and additional
fees may be assessed accordingly. It is the owner's responsibility to obtain a permit prior
to construction on his or her property, owned or leased.
(Ord. 292 § 1705, 1980)
Chapter 17.64
PLANNING AND ZONING COMMISSION/BOARD OF ADJUSTMENT
Sections:
17.64.010 Proceedings of the city planning and zoning commission.
17.64.020 Hearings--Appeals--Notice.
17.64.030 Administrative review.
17.64.040 Special exceptions--Conditions governing applications--Procedures.
17.64.050 Variances, conditions governing applications--Procedures.
17.64.060 City planning and zoning commission has powers of zoning administrator in
appeals--Reversing decision of zoning administrator.
17.64.010 Proceedings of the city planning and zoning commission.
A. The city planning and zoning commission shall serve as a board of adjustment
as provided by South Dakota law. The city planning and zoning commission shall adopt rules
necessary for the conduct of its affairs and in keeping with the provisions of this title.
The city planning and zoning commission shall keep a record of all proceedings. Meetings
shall be held at the call of the chairperson and at such times the planning commission may
determine. The chairperson, or in his or her absence, the acting chairperson, may administer
oaths and compel the attendance of witnesses. All meetings shall be open to the public.
B. The city planning and zoning commission shall keep minutes of its
proceedings, showing the vote upon each question, or if absent or failure to vote indicating
such fact, and shall keep records of its examinations and other official actions, all of
which shall be a public record and be immediately filed with the secretary of the planning
commission. The planning commission shall adopt from time to time, subject to the approval
of the city board, such rules and regulations as it may deem necessary to carry appropriate
provisions and this title into effect.
(Ord. 292 § 1801, 1980)
17.64.020 Hearings--Appeals--Notice.
A. Appeals to the city planning and zoning commission may be taken by any
person aggrieved or by any officer, department, board or bureau of the city affected by any
decision of the zoning administrator. Such appeal shall be taken within fifteen (15) days
after the building permit is published in the city's official newspaper, by filing with the
officer from whom the appeal is taken and with the city planning and zoning commission a
notice of appeal specifying the grounds for such appeal. The officer from whom the appeal is
taken shall immediately transmit to the city planning and zoning commission all the papers
constituting the record upon which the action appealed from was taken. (See Appendix D of
this title.)
B. The city planning and zoning commission shall within fifteen (15) days, hold
a hearing of the appeal, after public notice of such hearing, as well as, due notice to the
parties in interest, and decide the appeal within fifteen (15) days. Upon the hearing, any
party may appear in person or by agent or by attorney.
(Ord. 292 § 1802, 1980)
17.64.030 Administrative review.
The city planning and zoning commission shall have the power to hear and decide appeals
where it is alleged there is error in any order, requirement, decision or determination made
by an administrative official or agency based on or made in the enforcement of any zoning
regulation relating to the location or soundness of structures or to interpret any map.
(Ord. 292 § 1901, 1980)
17.64.040 Special exceptions--Conditions governing applications--Procedures.
The city planning and zoning commission shall have power to hear and decide, in accordance
with the provisions of this title, requests for special exceptions or for decisions upon
other special questions upon which the city planning and zoning commission is authorized by
this title to pass; to decide such questions as are involved in determining whether special
exceptions should be granted; and to grant special exceptions with such conditions and
safeguards as are appropriate under this title, or to deny special exceptions when not in
harmony with the purpose and intent of this title. A special exception shall not be granted
by the city planning and zoning commission unless and until:
A. A written application for a special exception is submitted (see Appendix E
of this title) indicating the section of this title under which the special exception is
sought and stating the grounds on which it is requested;
B. Notice shall be given at least ten (10) days in advance of public hearing.
The owner of the property for which special exception is sought or the owner's agent shall
be notified by mail (see Appendix F of this title). Notice of such hearing shall be posted
on the property for which special exception is sought, at City Hall and in one other public
place at least ten (10) days prior to public hearing;
C. The public hearing shall be held. Any party may appear in person, or by
agent or attorney;
D. The city planning and zoning commission shall make a finding that it is
empowered under the section of this title described in the application to grant the special
exception, and that the granting of the general exception will not adversely affect the
public interest;
E. Before any special exception shall be issued, the city planning and zoning
commission shall make written findings certifying compliance with the specific rules
governing individual special exceptions and that satisfactory provision and arrangement has
been made concerning the following, where applicable:
1. Ingress and egress to property and proposed structures on such property with
particular reference to automotive and pedestrian safety and convenience, traffic flow and
control and access of fire or catastrophe,
2. Off-street parking and loading areas where required, with particular
attention to the items in subsection (E)(1) of this section and the economic, noise, glare
or other effects of the special exception in adjoining properties and properties generally
in the district,
3. Refuse and service areas, with particular reference to the items in
subsections (E)(1) and (E)(2) of this section,
4. Utilities, with reference to location, availability and compatibility,
5. Screening and buffering with reference to type, dimensions and character,
6. Signs, if any, and proposed exterior lighting with reference to glare,
traffic safety, economic effect and compatibility and harmony with properties in the
district,
7. Required yards and other open spaces, and
8. General compatibility with adjacent properties and other property in the
district.
(As amended by ordinance dated 7/25/05: Ord. 292 § 1902, 1980)
17.64.050 Variances, conditions governing applications--Procedures.
The city planning and zoning commission shall have the power, where, by reason of
exceptional narrowness, shallowness or shape of a specific piece of property at the time of
the enactment of the ordinance codified in this title, or by reason of exceptional
topographic conditions or other extraordinary and exceptional situation or condition of such
piece of property, the strict application of any regulation under this title would result in
peculiar and exceptional difficulties to, or exceptional and undue hardships upon, the owner
of such property, to authorize, upon an appeal relating to the property, a variance from
such strict application so as to relieve such difficulties or hardships, as such relief may
be granted without substantially impairing the intent and purpose of this title.
A. No such variance shall be authorized by the commission unless it finds that
the strict application of this title would produce undue hardship: such hardship is not
shared generally by other properties in the same zoning district and the same vicinity; the
authorization of such variance will not be of substantial detriment to adjacent property;
and the character of the district will not be changed by the granting of the variance; and
the granting of such variance is based upon reasons demonstrable and exceptional hardship as
distinguished from variations for purposes of convenience, profit and caprice.
B. No variance shall be authorized unless the commission finds that the
condition or situation of the property concerned or the intended use of the property
concerned is not of so general or recurring a nature as to make reasonably practicable the
formulation of a general regulation to be adopted as an amendment to this title.
C. A variance from the terms of this title shall not be granted by the city
planning and zoning commission unless and until a written application for a variance is
submitted demonstrating that special conditions and circumstances exist which are peculiar
to the land, structure or building involved and which are not applicable to other lands,
structures, or buildings in the same district; that literal interpretation of the provisions
of this title would deprive the applicant of rights commonly enjoyed by other properties in
the same district under the terms of this title; that the special conditions and
circumstances do not result from the action of the applicant; that granting the variance
requested will not confer on the applicant any special privilege that is denied by this
title to other lands, structures or buildings in the same district.
D. No nonconforming use of neighboring lands, structures or buildings in the
same district, and no permitted or nonconforming use of lands, structures or buildings in
other districts shall be considered grounds for the issuance of a variance.
E. Notice of public hearing shall be given as in Section 17.64.040; the public
hearing shall be held. Any party may appear in person, or by agent or by attorney; the city
planning and zoning commission shall make findings that the requirements of this section
have been met by the applicant for a variance; the commission shall further make a finding
that the reasons set forth in the application justify the granting of the variance, and that
the variance is the minimum variance that will make possible the reasonable use of the land,
building or structure; the commission shall further make a finding that the granting of the
variance will be in harmony with the general purpose and intent of this title and will not
be injurious to the neighborhood or otherwise detrimental to the public welfare.
F. In granting any variance, the city planning and zoning commission may
prescribe appropriate conditions and safeguards in conformity with this title. Violation of
such conditions and safeguards, when made a part of the terms under which the variance is
granted, shall be deemed a violation of this title and punishable under Section 17.80.020 of
this title.
G. Under no circumstances shall the city planning and zoning commission grant a
variance to allow a use not permissible under the terms of this title in the district
involved, or any use expressly or by implication prohibited by the terms of this title.
(Ord. 292 § 1903, 1980)
17.64.060 City planning and zoning commission has powers of zoning administrator in
appeals--Reversing decision of zoning administrator.
The city planning and zoning commission may reverse or affirm, wholly or partly, or may
modify the order, requirement, decision or determination appeal from, and may make such
order, requirement, decision or determination appeal as ought to be made, and to that end
shall have all the powers of the administrator from whom the appeal is taken. The concurring
vote of three-fourths of the full membership of the planning and zoning commission shall be
necessary to reverse any order, requirement, decision or determination of any such
administrator, or to decide in favor of the applicant on any matter upon which it is
required to pass under this title or to effect any variation in this title.
(Ord. 292 § 1904, 1980)
Chapter 17.68
APPEALS
Sections:
17.68.010 Duties of zoning administrator, city planning and zoning commission/board of
zoning adjustment, and courts on matter of appeal.
17.68.020 Stay of proceedings.
17.68.030 Appeals from the city planning and zoning commission/board of
adjustment--Procedure of appeal.
17.68.010 Duties of zoning administrator, city planning and zoning commission/board of
zoning adjustment, and courts on matter of appeal.
A. It is the intent of the ordinance codified in this title that all questions
of interpretation and enforcement shall be presented first to the zoning administrator and
that such questions shall be presented to the city planning and zoning commission/board of
adjustment only in appeal from the decisions of the zoning administrator and that recourse
from the decisions of the city planning and zoning commission/board of adjustment shall be
to the court as provided by law.
B. The procedure for deciding such questions shall be stated in this section.
Under this title, the city board shall have the duties: (1) of considering and adopting or
rejecting proposed amendments or the repeal of this title as provided by law; (2) of
establishing a schedule of fees and charges as stated in Chapter 17.72.
(Ord. 292 § 2001, 1980)
17.68.020 Stay of proceedings.
A. An appeal stays all proceedings in furtherance of the action appealed from,
unless the officer from whom the appeal is taken certifies to the city planning and zoning
commission/board of adjustment after the notice of appeal shall have been filed with him or
her, that by reason of facts stated in the certificate, a stay would, in his or her opinion,
cause imminent peril of life and property.
B. In such case, proceedings shall not be stayed otherwise than by a
restraining order which may be granted by the city planning and zoning commission/board of
adjustment or by a court of record on application on notice to the officer from whom the
appeal is taken and on due cause shown.
(Ord. 292 § 2002, 1980)
17.68.030 Appeals from the city planning and zoning commission/board of
adjustment--Procedure of appeal.
Any person or persons, or any board, taxpayer, department, board or bureau of the city
aggrieved by any decision of the city planning and zoning commission/board of adjustment may
seek review by a court of record of such decision in the manner provided by the laws of the
state of South Dakota.
(Ord. 292 § 2003, 1980)
Chapter 17.72
SCHEDULE OF FEES, CHARGES AND EXPENSES
Sections:
17.72.010 Schedule of fees, charges and expenses.
17.72.010 Schedule of fees, charges and expenses.
The city board shall establish a schedule of fees, charges and expenses and a collection
procedure for building permits, certificates of zoning compliance, appeals and other matters
pertaining to this title. The schedule of fees shall be posted in the office of the zoning
administrator and may be altered or amended only by the city board. Until all application
fees, charges, and expenses have been paid in full, no action shall be taken on any
application or appeal. Any fees received shall go into the city general fund.
(Ord. 292 § 2101, 1980)
Chapter 17.76
AMENDMENTS
Sections:
17.76.010 Amendments.
17.76.010 Amendments.
A. The provisions set forth in this title may, from time to time, be amended,
supplemented, changed, modified or repealed by action of the city board or when such
amendment, supplement, change, modification, or repeal is requested through a petition not
exceeding sixty (60) percent of the landowners in the aggregate area requesting change. An
individual landowner may also petition the city council to change the zoning of all or any
part of his or her property. Upon filing or upon separate request by the city board, or the
city planning commission and the city board, the city planning commission and the city board
shall hold a public hearing not less than fifteen (15) days after notice is published in the
official city newspaper and subject to the provision of SDCL 11-4-8 and 11-4-9. Such
petitioning landowner shall also notify all other abutting landowners by registered mail of
the petitioned zoning change at least one week prior to any public hearing held on the
petitioned zoning change by the city planning commission.
B. The city planning commission shall within thirty (30) days make its
recommendation to the city board. The report of such recommendations shall include approval,
disapproval or other suggestions and the reasons therefor, and a discussion of the effect on
such amendment, supplement, change, modification upon adjacent property and upon the
comprehensive plan.
C. The city board shall therefore, by duly enacted ordinance, either adopt or
reject such amendment, supplement, change, modification or repeal; and if it is adopted by
the city board after proper notice, the ordinance shall be published in the official
newspaper in the city and take effect on the twentieth day after its publication.
(Ord. 292 § 2201, 1980)
Chapter 17.80
PENALTIES AND REMEDIES
Sections:
17.80.010 Building permit late fee.
17.80.020 Violation of title.
17.80.010 Building permit late fee.
Any person, firm or corporation in violation of Section 17.60.020, building permits
required, shall be assessed a late fee twenty-five dollars ($25.00) or two-tenths of one
percent of the total cost of construction whichever is greater. The zoning administrator may
also take enforcement measures as given in Section 17.60.010. Payment of all fees shall be
made in the office of the city zoning administrator within ten (10) days after the person,
firm, or corporation in violation of Section 17.60.010 has been notified by registered
letter. If payment of the fee is not received at the end of a ten (10) day period, the city
attorney shall have the power to prosecute, pursuant to SDCL 9-14-22 and 11-4-7. Any fees
collected shall be deposited in the Britton general fund.
(Ord. 292 § 2301, 1980)
17.80.020 Violation of title.
It is declared unlawful for any person, firm or corporation to violate any of the terms or
provisions of this title, except as otherwise specified in Section 17.60.020. Violation of
this title shall be a misdemeanor and may be punishable by a fine of up to one hundred
dollars ($100.00) for each and every day that any violation fails to comply with the
provisions of this title. The zoning administrator may also take enforcement measures as
given in Section 17.60.010. The city attorney shall have the power to prosecute, pursuant to
SDCL 9-14-22 and 11-4-7. All fines for violations shall be paid to the city and shall be
credited to the city's general fund.
(Ord. 292 § 2302, 1980)
Chapter 17.84
FLOOD DAMAGE PREVENTION
Sections:
17.84.010 Findings of fact.
17.84.020 Statement of purpose.
17.84.030 Methods of reducing flood losses.
17.84.040 Definitions.
17.84.050 Jurisdiction.
17.84.060 Compliance.
17.84.070 Abrogation and greater restrictions.
17.84.080 Interpretation.
17.84.090 Warning and disclaimer of liability.
17.84.010 Findings of fact.
The city council finds as follows:
A. Based upon the disaster declaration made by the President of the United
States affecting the state of South Dakota, which declaration was made because of
unprecedented snowfall during the winter of 1996-97, the city has a window of opportunity to
participate in the national flood insurance program, and such participation requires passing
a flood damage prevention ordinance.
B. The flood hazard areas of the city are subject to periodic inundation which
may result in loss of life and property, health and safety hazards, disruption of commence
and governmental, services, extraordinary public expenditures for flood protection and
relief, and impairment of the tax base, all of which adversely affect the public health,
safety and general welfare.
C. These flood losses are caused by the cumulative effect of obstructions in
areas of special flood hazard which increase flood heights and velocities, and when
inadequately anchored, damage uses in other areas. Uses that are inadequately flood proofed,
elevated, or otherwise protected from flood damage also contribute to the flood loss.
(Ord. 406 § 1 (part), 1997)
17.84.020 Statement of purpose.
It is the purpose of this chapter to promote the public health, safety, and general welfare,
and to minimize public and private losses due to flood conditions to specific areas by
provisions designed:
A. To protect human life and health;
B. To minimize expenditure of public money for costly flood control projects;
C. To minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
D. To minimize prolonged business interruptions;
E. To minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and sewer lines, streets and bridges located in areas of special
flood hazard;
F. To help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future flood blight areas;
G. To ensure that potential buyers are notified that property is in an area of
special flood hazard; and
H. To ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
(Ord. 406 § 1 (part), 1997)
17.84.030 Methods of reducing flood losses.
In order to accomplish its purposes, this chapter includes methods and provisions for:
A. Restricting or prohibiting uses which are dangerous to health, safety, and
properly due to water or erosion hazards, or which result in damaging increases in erosion
or in flood heights or velocities;
B. Requiring that uses vulnerable to floods, including facilities which serve
such uses, be protected against flood damage at the time of initial construction;
C. Controlling the alternation of natural flood plains, stream channels, and
natural protective barriers, which help accommodate or channel flood waters;
D. Control filling, grading, dredging, and other development which may increase
flood damage; and
E. Preventing or regulating the construction of flood barriers which will
unnaturally divert flood waters or which may increase flood hazards in other areas.
(Ord. 406 § 1 (part), 1997)
17.84.040 Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be
interpreted so as to give them the meaning they have in common usage and to give this
chapter its most reasonable application.
"Base flood" means the flood having a one percent chance of being equaled or exceeded in any
given year.
"Development" means any manmade change to improved or unimproved real estate, including but
not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations located within the area of special flood hazard.
"Flood or flooding" means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
1. The overflow of waters, and/or
2. The unusual and rapid accumulation or runoff of surface waters from any
source.
"Manufactured home" means a structure, transportable in one or more sections, which is built
on a permanent chassis and is designed for use with or without a permanent foundation when
attached to the required utilities. The term "manufactured home" does not include a
"recreational vehicle."
"Structure" means a walled and roofed building or manufactured home that is principally
aboveground.
"Substantial improvement" means any repair, reconstruction, rehabilitation, addition, or
other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of
the market value of the structure before the start of construction of the improvement. This
term includes structures which have incurred substantial damage, regardless of the actual
repair work performed. The term does not, however, include either:
1. Any project for improvement of a structure to correct existing violations of
state or local health, sanitary, or safety code specifications which have been identified by
the local code enforcement official and which are the minimum necessary to assure safe
living conditions; or
2. Any alteration of a historic structure, provided that the alteration will
not preclude the structure's continued designation as a historic structure.
(Ord. 406 § 1 (part), 1997)
17.84.050 Jurisdiction.
This chapter shall apply to all areas within the jurisdiction of Marshall County, except
incorporated municipalities.
(Ord. 406 § 1 (part), 1997)
17.84.060 Compliance.
No structure or land shall hereafter be constructed, located, extended, or altered without
full compliance with the terms of this chapter and other applicable regulations.
(Ord. 406 § 1 (part), 1997)
17.84.070 Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this chapter and any other chapter,
easement, covenant, or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
(Ord. 406 § 1 (part), 1997)
17.84.080 Interpretation.
In the interpretation of this chapter, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and
C. Deemed neither to limit nor repeal any other powers granted under state
statute.
(Ord. 406 § 1 (part), 1997)
17.84.090 Warning and disclaimer of liability.
This chapter shall not create liability on the part of the city, any officer or employee of
the city, or the Federal Emergency Management Agency for any flood damages that result from
reliance on this chapter or any administrative decision lawfully made under this chapter.
(Ord. 406 § 1 (part), 1997)
Chapter 17.88
BUILDING NUMBERING
Sections:
17.88.010 Designation of addresses.
17.88.020 Posting of designated addresses.
17.88.030 New structures.
17.88.040 Penalties.
17.88.010 Designation of addresses.
A. Addresses for dwelling units and places of business on all public and
private streets shall be assigned by the Finance Officer in accordance with the procedures
adopted by the City of Britton.
B. The Finance Officer shall keep a record of all numbers assigned under this
chapter.
(Ord. 440 § 1, 2001)
17.88.020 Posting of designated addresses.
A. The owner or occupant or person in charge of any house or building to which
an address has been assigned will be notified by the Finance Officer of the address assigned
to the same at any time after the adoption of this ordinance.
B. Within sixty (60) days after the receipt of such notification from the
Finance Officer, the owner or occupant or person in charge of the structure to which an
address has been assigned shall affix the address to the structure, if visible from the
road, or to a sign or number post if not visible from the road, in such a way that the
address can be clearly seen from the roadway.
C. It shall be the duty of such owner or occupant in charge thereof upon
affixing the new number to remove any different number which might be mistaken for, or
confused with, the number assigned to said structure by the Finance Officer.
D. Each principle building shall display the address assigned to the property
on which the street is located. In case a principle building is occupied by more than one
business or family dwelling unit, each separate dwelling or unit must display a separate
address.
E. Numbers and/or letters indicating the official address for each principle
building or each front entrance to such building shall be posted in a manner as to be
legible and distinguishable from the street on which the property is located, with letters
painted or applied, of a contrasting color to the background, of not less than three inches
in height. If a building or dwelling is situated in such a way that the address can not be
easily seen from the roadway in front of said structure then a sign or address post must be
used in front of the structure or at the entrance of the primary driveway and placed in such
a way that it can easily be seen from the roadway.
(Ord. 440 § 2, 2001)
17.88.030 New structures.
A. Addresses will be assigned to each proposed lot or tract on the surveyors
copies of final subdivision plats by the Finance Officer.
B. No building permit shall be issued for any principle building until the
owner or developer has procured from the Finance Officer of the City of Britton the official
address of the premises. Final approval of a certificate of occupancy of any principle
building erected or repaired after the effective date if this ordinance shall be withheld
until permanent and proper addresses have been displayed in accordance with the requirements
of Number 2 above.
(Ord. 440 § 3, 2001)
17.88.040 Penalties.
In the event that the owner or occupant or person in charge of any house or building refuses
to comply with the terms of this ordinance by failing to affix the address assigned within
sixty (60) days after notification, or by failing to remove any old addresses affixed to
such structure or primary driveway or elsewhere which may be confused with the address
assigned thereto within said sixty (60) day period, he shall be punished by paying a fine of
not more than two hundred dollars ($200.00) and/or thirty (30) days in jail.
(Ord. 440 § 4, 2001)
APPENDICES
Appendix A Mobilehome Standards
Appendix B Industrial Performance Standards
Appendix D Notice of Appeal
Appendix E Application for Special Exception for Zoning Ordinance
Appendix F Notification of Application for Special Exception
Appendix A
MOBILEHOME STANDARDS
The following standards for mobilehome tiedowns have taken into account possibilities and
practicalities of providing protection from high winds for mobilehomes. The standards may be
used in conjunction with the ideas and concepts presented in TR-75, "Protecting Mobilehomes
from High Winds," prepared by the Defense Civil Preparedness Agency, Washington, D.C.
Mobilehomes require two types of anchorage: (1) over-the-top tiedowns to restrict
overturning and (2) frame ties to prevent the mobilehome from being pushed from its piers.
The standards apply to single mobilehomes up to 14 feet in width. "Double wides" do not
require over-the-top ties, but they require the same number of frame ties.
Mobile Home Piers and Footings. All mobilehomes shall meet the following minimum
requirements for mobilehome piers and footings:
1. The ground on which the mobilehome is placed will support a minimum of 2,500 pounds per
square foot;
2. All piers shall be placed on footings of solid concrete with minimum dimensions of 16" ×
16" × 4";
3. Piers shall be constructed of standard of 8" × 8" × 16" hollow concrete blocks;
4. Piers shall be topped with solid concrete caps 8" × 16";
5. Treated wood shims shall be driven tight between the cap and the main frame to provide
uniform bearing. These shims shall be impervious to salt air and to rot. They shall taper
from 0" to 3/4" in thickness and shall be wide enough to provide bearing over the concrete
cap;
6. Other types of piers and foundations of equivalent permanence and weight bearing ability
may be approved. Jacks or heavy metal adjustable columns, anchored to both frame and
foundations, may be used;
7. Piers shall be centered under each main frame (or chassis) member, with a maximum spacing
of 10 feet on centers. The end piers shall be no farther than five (5) feet in from the ends
of the mobilehomes.
The mobilehome tiedowns will also have to meet the following criteria:
1. Over-the-top tiedowns shall be positioned at stud and rafter locations near each end of
the mobilehome. Others, if needed, may be positioned between them.
2. Either steel cable or steel strapping can be used for ties. All ties shall be fastened to
ground anchors, as described in Section 3, below, and drawn tight with galvanized
turnbuckles or yoke-type fasteners and tensioning devices. Turnbuckles shall be ended with
jaws or forged or welded eyes. Turnbuckles with hook ends will not be permitted.
3. All cable ends shall be secured with at least two U-bolt-type cable clamps or other
fastening device as approved by the enforcing officials.
4. Cables used for tiedowns shall be either galvanized steel or stainless steel having a
breaking strength greater than 4,800 pounds. Cable shall be either 7/32" diameter or
greater (7 × 19) aircraft cable.
5. When flat steel straps are used for tiedowns, they must be in accordance with Federal
Specification QQ-S-781; that is 1 1/4" × .035", Type 1, Class B, Grade 1, with a breaking
strength of at least 4,750 pounds.
6. Steel straps used for ties must terminate with D-rings, bolts, or other fastening devices
which will not cause distortion of the band or reduce its breaking strength.
7. Sharp edges of the mobilehome that would tend to cut the cable or strap must be protected
by a suitable device to prevent cutting when the mobilehome is buffeted by the wind.
Likewise, special adapters must be installed to prevent the cable or strap from knifing
through the mobilehome.
8. Connection of the cable frame tie to the I-beam (or other shape) main structural-frame
member should be by a 5/8" drop-forged closed eye bolted through a hole drilled in the
center of the I-beam web. A washer, or equivalent, should be used so that the beam is
sufficiently reinforced around the hole. If steel-strap ties are used, care should be
exercised to insure that minimum bending radius is adhered to so that the breaking strength
of the strap is not reduced.
9. Frame ties should connect the anchor and the steel I-beam (or other shape) main
structural frame member which runs lengthwise under the mobilehome. Frame ties CAN'T BE
CONNECTED to any of the steel outrigger beams which fasten to and intersect the main I-beams
at right angles. The outriggers do not have adequate strength to resist the frame-tie
loadings during high winds.
Mobilehome ground anchors shall meet the following requirements:
1. Ground anchors should be aligned with centers of piers. Also, they should be situated
immediately below the outer wall to accommodate over-the-top as well as frame ties.
2. Auger-type anchors shall have a minimum diameter of 6 inches (arrowheads 8") and be sunk
to their full depth (at least 4'). Steel rods shall be at least 5/8" in diameter, have a
forged or welded eye at top, or have a yoke-type fastening and tensioning device or a
threaded connector and tensioning device.
3. Anchors shall be capable of withstanding 5,700 pounds of pull (in a vertical or diagonal
direction) without failure. This loading can be achieved by many anchors in most kinds of
soils.
4. Deadman anchors shall be sunk to a depth of 5 feet, have a minimum length of 2 feet, and
have a diameter of at least 6 inches. Hollow concrete blocks are not approved. Steel rods
shall be at least 5/8" in diameter, with the bottom hooked into the concrete deadman.
5. Anchors to reinforced concrete slabs must be of strength comparable to that presented
above.
Appendix B
INDUSTRIAL PERFORMANCE STANDARDS
1. Physical Appearance. All operations shall be carried on within an enclosed building
except that new materials or equipment in operable condition may be stored in the open.
Normal daily wastes of an inorganic nature may be stored in containers not in a building
when such containers are not readily visible from the street.
2. Fire Hazard. No operation shall involve the use of highly flammable gases, acid, liquids,
grinding processes or other inherent fire hazard. This provision shall not be construed to
prohibit the use of normal heating fuels, motor fuels and welding gases when handled in
accordance with other county ordinances.
3. Noise. No operation shall be carried on which involves noise in excess of the normal
traffic noise of the adjacent street at the time of the daily peak hour of traffic volume.
Noise shall be measured at the property line and when the level of such noise cannot be
determined by observation with the natural senses, a suitable instrument may be used and
measurement may include breakdowns into a reasonable number of frequency ranges. All noises
shall be muffled so as not to be objectionable due to intermittence, beat frequency or
shrillness.
4. Sewage and Liquid Wastes. No operation shall be carried on which involves the discharge
into a sewer, water course or the ground of liquid wastes of any radioactive nature, or
liquid wastes of a chemical nature which are detrimental to normal sewage plant operation or
corrosive and damaging to sewer pipes and installations.
5. Air Contaminants. Air contaminants and smoke shall be less dark than designated Number
One on the Ringleman Chart as published by the United States Bureau of Mines, except that
smoke of a density designated as Number One shall be permitted for one (1) four (4) minute
period in each one-half ( 1/2) hour. Light colored contaminants of such an opacity as to
obscure an observer's view to a degree equal to or greater than the aforesaid shall not be
permitted.
Particular matter of dust as measured at the point of emission by any generally accepted
method shall not be emitted in excess of two tenths (.2) grains per cubic foot as corrected
to a temperature of five hundred (500) degrees Fahrenheit, except for a period of four (4)
minutes in any one-half ( 1/2) hour, at which time it may equal but not exceed six-tenths
(.6) grains per cubic foot as corrected to a temperature of five hundred (500) degrees
Fahrenheit.
Due to the fact that the possibilities of air contamination cannot reasonably be
comprehensively covered in this section, there shall be applied the general rule that there
shall not be discharged from any sources whatsoever such quantities of air contaminants or
other material in such quantity as to cause injury, detriment, nuisance or annoyance to any
considerable number of persons or to the public in general or to endanger the comfort,
repose, health or safety of any such considerable number of persons or to the public in
general or to cause or have a natural tendency to cause injury or damage to business,
vegetation or property.
6. Odor. The emissions of odors that are generally agreed to be obnoxious to any
considerable number of persons, shall be prohibited. Observations of odor shall be made at
the property line of the establishment causing the odor. As a guide to classification of
odor, it shall be deemed that strong odors of putrefaction and fermentation tend to be
obnoxious and that such odors as associated with baking or the roasting of nuts and coffee
shall not normally be considered obnoxious within the meaning of this Ordinance.
7. Gases. The gases sulphur dioxide and hydrogen sulphide shall not exceed five (5) parts
per million. All nitrous fumes shall not exceed one (1) part per million. Measurements shall
be taken at the property line of the particular establishment involved.
8. Vibration. All machines including punch presses and stamping machines shall be so mounted
as to minimize vibration and in no case shall such vibration exceed a displacement of three
thousandths (3/1,000) of an inch measured at the property line. The use of steam or broad
hammers shall not be permitted in this district.
9. Glare and Heat. All glare, such as welding arcs and open furnaces shall be shielded so
that they shall not be visible from the property lines. No heat from furnaces or processing
equipment shall be sensed at the property line to the extent of raising the temperature of
air or materials more than five (5) degrees Fahrenheit.
Appendix D
NOTICE OF APPEAL
CITY OF BRITTON
STATE OF SOUTH DAKOTA Date ____
TO: Britton Planning and Zoning Commission
Notice is hereby filed for an appeal of the decision of/action of ____
in regards to________ on the grounds that ____
____
____
____
____.
Appellant's Signature ____
Agent's Signature ____
Date of Hearing of the appeal of the Britton Planning and Zoning Commission
____
Britton Planning and Zoning Commission--Action____
____
____.
Appendix E
APPLICATION FOR SPECIAL EXCEPTION FOR ZONING ORDINANCE
CITY OF BRITTON
STATE OF SOUTH DAKOTA Date ____
TO: Britton Planning and Zoning Commission
The undersigned do hereby request a special exception from the Britton Zoning Ordinance as
provided by Chapter ________, Section ________ for the purpose of____
____
____
____
Legal Description____
____
____
____
Reason____
____
____
____
Owner's Signature____
Agent's Signature ____
Inspection Report____
____Date____
Planning Commission Action____
____Date____
Appendix F
NOTIFICATION OF APPLICATION FOR SPECIAL EXCEPTION
Dear Property Owner:
Your property described as (legal description) ____
________ is located adjacent to property owned by ________________ described as ____.
Said owner has requested a Public Hearing before the City Planning and Zoning Commission to
obtain a special exception from the City Zoning Ordinance as provided by Article ________,
Section ________ for the following described purposes:
____.
Should this request be of concern to you, you may appear at the Hearing which will be held
on ________ (date) at ________ (time) in the ________ (place).
If you cannot attend this Hearing, you may send your comments to:
Britton Planning and Zoning Commission
c/o Zoning Administrator
City Hall
Britton, South Dakota 57430
before the Hearing date shown in this notice.
Attached to this letter is a map showing the location of your property and the property
subject to this Hearing, and all other information necessary to advise you of the action
being requested.
Britton Planning and Zoning Commission
Owner' s Certificate
We, the above-mentioned owner(s) do hereby certify that the information included herein as
true and complete.
Owner ____
Agent ____
STATUTORY REFERENCES
FOR
SOUTH DAKOTA CITIES AND TOWNS
The statutory references listed below refer the code user to state statutes applicable to
South Dakota cities and towns. They are up to date through July, 2010.
GENERAL PROVISIONS
Local government
South Dakota Const. art. IX
Incorporation
SDCL chs. 6-10, 9-3
Home rule charter
SDCL ch. 6-12
Classification
SDCL ch. 9-2
Change of boundaries
SDCL ch. 9-4
Annexation
SDCL ch. 9-5
Ordinances
SDCL ch. 9-19
Ordinance violation penalties
SDCL 9-19-3
Municipal elections
SDCL ch. 9-13 and SDCL title 12
Initiative and referendum
SDCL ch. 9-20
Extraterritorial jurisdiction
SDCL 9-29-1
Official newspaper
SDCL 9-12-6
ADMINISTRATION AND
PERSONNEL
Aldermanic form of government
SDCL ch. 9-8
Commissioner form of government
SDCL ch. 9-9
City manager
SDCL ch. 9-10
Change of form of government
SDCL ch. 9-11
Municipal elections
SDCL ch. 9-13 and 9-12-16
Campaign finances
SDCL 12-1-2.1 and ch. 12-25
Powers generally
SDCL ch. 9-12
Municipal officers and employees
SDCL ch. 9-14 and 9-12-3
Municipal records and proceedings
SDCL ch. 9-18
City retirement systems and pensions
SDCL ch. 9-16
Association of municipalities
SDCL ch. 9-17
Library
SDCL 9-12-15 and ch. 14-2
Disposal of surplus property
SDCL ch. 6-13
REVENUE AND FINANCE
Annual fiscal report
SDCL ch. 6-9
Fiscal powers generally
SDCL 9-12-2; ch. 9-21
Fiscal year
SDCL 9-21-1
Municipal funds
SDCL ch. 9-22
Warrants and disbursements
SDCL ch. 9-23
Municipal bonds and notes
SDCL ch. 9-25
General obligation bonds
SDCL ch. 9-26
Municipal gross receipts tax
SDCL ch. 10-52A
Acquisition and disposition of real estate
SDCL ch. 9-27
BUSINESS LICENSES, TAXES AND REGULATIONS
Alcoholic beverages
SDCL 9-29-6, 9-29-7
Regulation generally
SDCL 9-34-1
Transient merchants, hawkers and peddlers
SDCL 9-34-7, 9-34-8
Taxicabs
SDCL 9-34-10
Secondhand and junk stores
SDCL 9-34-9
Exhibitions, shows and amusements
SDCL 9-34-13
Franchise regulations
SDCL ch. 9-35
Mind readers and fortunetellers
SDCL 9-34-16
Tattooing and body piercing
SDCL 9-34-17
Weights and measures
SDCL 9-34-3, 9-34-4
ANIMALS
Cruelty to animals
SDCL 9-29-11
Animals at large
SDCL 9-29-12
HEALTH AND SAFETY
Health boards
SDCL 9-32-2
Nuisances generally
SDCL 9-29-13; chs. 21-10, 34-16
Sanitation and health
ch. 9-32
Garbage disposal systems
SDCL 9-32-11
Combustible materials and fireworks
SDCL 9-33-1; 9-33-3; ch. 34-37
Municipal litter control
SDCL 34A-7-14
Groundwater protection
SDCL 9-12-17
PUBLIC PEACE AND WELFARE
General police powers
SDCL ch. 9-29
Crimes
SDCL title 22
Municipal protection of human rights
SDCL ch. 20-12
Firearms preemption
SDCL 9-19-20
VEHICLES AND TRAFFIC
Regulations generally
SDCL ch. 9-31
Power of local authorities
SDCL 32-14-3
Speed regulations
SDCL 9-31-3
Parking facilities
SDCL ch. 9-51
Pedestrian crossings
SDCL 32-27-3
Bicycles
SDCL ch. 32-20B
STREETS, SIDEWALKS AND
PUBLIC PLACES
Regulations generally
SDCL ch. 9-30
Municipal parks and recreation facilities
SDCL ch. 9-38
Street and alley improvements
SDCL ch. 9-45
Sidewalk improvements
SDCL ch. 9-46
Cemeteries
SDCL 9-12-18, 9-32-13 et seq.
PUBLIC SERVICES
Municipal utilities
SDCL ch. 9-39
Water supply system
SDCL ch. 9-47
Sewer systems
SDCL 9-32-9; ch. 9-48
Municipal parking facilities
SDCL ch. 9-51
Municipal telephone system
SDCL ch. 9-41
Municipal power agency
SDCL ch. 9-41A
BUILDINGS AND
CONSTRUCTION
Fire protection and safety regulations
SDCL ch. 9-33
Fire limits
SDCL 9-33-2
Adoption of uniform codes
SDCL 9-33-4.1
Housing and redevelopment regulations
SDCL chs. 11-7, 11-7A
SUBDIVISIONS
Regulations generally
SDCL ch. 11-3; 11-6-26 et seq.
ZONING
Regulations generally
SDCL 9-12-13 and ch. 11-4
Planning commission
SDCL 11-6-2 et seq.
Board of adjustment
SDCL 11-4-13 et seq.
Zoning commission
SDCL 11-4-11, 11-4-12
PRIOR CODE CROSS-REFERENCE TABLE
This table provides users with the legislative history and the current disposition of the
sections in the Revised Ordinances of the city of Britton.
Thus, prior code Section 1-1-1 appears in this Code as Section 2.08.010.
The legislative history information was derived from the Revised Ordinances of the city of
Britton, 1980, comprising the general ordinances of the city enacted through Ordinance 425,
passed April 10, 2000.
Prior Code § Herein
1-1-1 2.08.010
1-1-2 2.08.020
1-1-3 2.08.030
1-1-4 2.08.040
1-2-1 2.04.010
1-2-2 2.04.020
1-2-3 2.04.030
1-2-4 2.04.040
1-2-5 2.04.050
1-2-6 2.04.060
1-2-7 2.04.070
1-3-1 Not codified
1-3-2 Not codified
1-3-3 Not codified
1-3-4 Not codified
1-4-1 3.04.010
1-4-2 3.04.020
1-4-3 3.04.030
1-4-4 3.04.040
1-4-5 3.04.050
1-5-1 Repealed by 445
1-5-2 Repealed by 445
1-5-3 Repealed by 445
1-5-4 Repealed by 445
1-5-5 Repealed by 445
1-6-1 2.16.010
1-6-2 2.16.020
1-6-3 2.16.030
1-6-4 2.16.040
1-6-5 2.16.050
1-6-6 Not codified
1-7-1 2.20.010
1-7-2 2.20.020
1-7-3 2.20.030
1-7-4 2.20.040
1-7-5 2.20.050
1-7-6 2.20.060
1-7-7 2.20.070
1-7-8 2.20.080
1-7-9 2.20.090
1-7-10 2.20.100
1-7-11 2.20.110
1-7-12 2.20.120
1-7-13 2.20.130
1-7-14 2.20.140
1-7-15 2.20.150
1-7-16 2.20.160
1-7-17 2.20.170
1-7-18 2.20.180
1-7-19 2.20.190
1-7-20 2.20.200
1-7-21 2.20.210
1-7-22 2.20.220
1-7-23 2.20.230
1-7-24 2.20.240
1-7-25 2.20.250
1-7-26 2.20.260
3-1-1 1.08.010
3-2-1 1.08.020
3-3-1 1.08.030
4-1-1 15.04.010
6-1-1 Repealed by 430
7-1-1 Repealed by 430
7-1-2 Repealed by 430
7-1-3 Repealed by 430
7-1-4 Repealed by 430
7-1-5 Repealed by 430
7-1-6 Repealed by 430
7-1-7 Repealed by 430
7-1-8 Repealed by 430
7-1-9 Repealed by 430
7-1-10 Repealed by 430
8-1-1 2.12.010
8-1-2 2.12.020
8-1-3 2.12.030
8-1-4 2.12.040
8-1-5 2.12.050
8-1-6 2.12.060
8-1-7 2.12.070
8-1-8 2.12.080
8-1-9 2.12.090
8-2-1 Repealed by 446
8-2-2 Repealed by 446
8-2-3 Repealed by 446
8-2-4 Repealed by 446
8-2-5 Repealed by 446
8-2-6 Repealed by 446
8-2-7 Not codified
8-2-8 Repealed by 446
8-2-9 Repealed by 446
8-2-10 Repealed by 446
8-2-11 Repealed by 446
8-3-1 8.04.010
8-3-2 8.04.020
8-3-3 8.04.030
8-3-4 8.04.040
8-3-5 8.04.050
8-3-6 8.04.060
8-3-7 8.04.070
8-3-8 8.04.080
8-3-9 8.04.090
8-3-10 8.04.100
8-4-1 8.16.010
8-4-2 8.16.020
8-4-3 8.16.030
8-4-4 8.16.040
8-4-5 8.16.050
9-1-1 5.04.010
9-1-2 5.04.020
9-1-3 5.04.030
9-1-4 5.04.040
9-1-5 5.04.050
9-1-6 5.04.060
9-1-7 5.04.070
9-1-8 5.04.080
9-1-9 5.04.090
9-1-10 5.04.100
9-1-11 5.04.110
9-1-12 5.04.120
9-1-13 5.04.130
9-1-14 5.04.140
9-1-15 5.04.150
9-1-16 5.04.160
9-1-17 5.04.170
9-1-18 5.04.180
9-1-19 5.04.190
9-2-1 5.16.010
9-2-2 5.16.020
9-2-3 5.16.030
9-2-4 5.16.040
9-2-5 5.16.050
9-2-6 5.16.060
9-2-7 5.16.070
9-2-8 5.16.080
9-3-1 Ch. 6.08
9-3-2 Ch. 6.08
9-3-3 Ch. 6.08
9-3-4 Ch. 6.08
9-3-5 Ch. 6.08
9-3-6 Ch. 6.08
9-3-7 Ch. 6.08
9-3-8 Ch. 6.08
9-3-9 Ch. 6.08
9-3-10 Ch. 6.08
9-3-11 Ch. 6.08
9-3-12 Ch. 6.08
9-4-1 5.12.010
9-4-2 5.12.020
9-4-3 5.12.030
9-4-4 5.12.040
9-4-5 5.12.050
9-4-6 5.12.060
9-4-7 5.12.070
9-5-1 Ch. 6.08
9-5-2 Ch. 6.08
9-5-3 Ch. 6.08
10-1-1 9.08.010
10-1-2 9.08.020
10-1-3 Repealed by 430
10-1-4 9.04.010
10-1-5 9.