TOWN OF MIDLAND, SOUTH DAKOTA
ORDINANCE # 142
Effective Date: April 14, 2011
AN ORDINANCE IN REVISION OF THE MUNICIPAL ORDINANCES
OF THE TOWN OF MIDLAND, SOUTH DAKOTA
ORDINANCE # _142__
AN ORDINANCE IN REVISION OF THE MUNICIPAL ORDINANCES OF THE TOWN OF MIDLAND, SOUTH DAKOTA
BE IT ORDAINED BY THE TOWN OF MIDLAND, SOUTH DAKOTA:
Pursuant to SDCL 9-19-16 and 9-19-17, this Ordinance in Revision of the Municipal Ordinances of the Town of Midland, revising regulations as set forth in the document title “Revised Municipal Ordinances”, is hereby read, approved, and adopted as follows:
First Reading ___February 8, 2011____
Second Reading and Adoption: ____March 8, 2011_____
Publication Date(s): _March 17 & 24, 2011___
Effective Date: ______April 14, 2011____
Joe Woitte, Town Board Preisdent Michelle Meinzer, Finance Officer
NOTICE OF ADOPTION
AN ORDINANCE IN REVISION OF THE MUNICIPAL ORDINANCES OF THE TOWN OF MIDLAND, SOUTH DAKOTA
Notice is hereby given Ordinance # 142, an Ordinance in Revision of the Municipal Ordinances of the Town of Midland, was duly adopted by the Town Board on March 8, 2011, and shall become effective April 14, 2011, according to South Dakota law.
The Ordinance revises the Municipal Ordinances of the municipality heretofore adopted, and repeals all ordinances or parts of ordinances in conflict therewith. The ordinance does not repeal special ordinances, appropriation ordinances, levying ordinances for the issuance of bonds, and other special ordinances of like character. Such ordinances not included in the revision and still having force and effect may be found in the Finance Office.
A copy of the Revised Municipal Ordinance is available for public inspection by contacting Michelle Meinzer at 843-2810 or by visiting the town’s web site at www.midlandsd.com.
Michelle Meinzer, Finance Officer
(Publication Date(s) March 17 and 24, 2011
TABLE OF CONTENTS
CHAPTER 1.03 -- TOWN BOARD MEETINGS/RULES……………………………8
CHAPTER 4.04 - ADULT BUSINESSES……………………………………………24
CHAPTER 8.02 -- WATERWORKS "POTABLE"………………………….……….66
CHAPTER 8.03 -- HOT WATER-HEATING SYSTEM……………………………..68
Chapter 1.01 – Municipal Employees
Chapter 1.02 – Town Board of Trustees
Chapter 1.03 – Town Board Meetings/Rules
Chapter 1.04 – Fire Department – Police Department
Chapter 1.05 – Finance Regulations
CHAPTER 1.01 – MUNICIPAL EMPLOYEES/SUPERVISORS/LIAISON
1.0101 Appointment of Officers. At the regular meeting of the Town Board each January, there shall be appointed a Finance Officer, Utilities Operator and such other officers as may be provided by ordinance, to hold office until the appointment and qualifications of successors. All such appointments shall be made by the Town Board. The Town Board may by resolution enter into a contract pursuant to SDCL 9-14 with an attorney to provide legal services to the Town as the Town Attorney. (SDCL 9-14-3)
Supervision of Departments. The Town Board President shall act in a supervisory capacity over all departments/employees and shall report the conditions of the departments to the remaining board members.
Employees Not Provided by Ordinance. All full and part-time employee positions, including seasonal, to be hired by the municipality shall be approved in advance by a majority vote of the governing body. Supervisory capacity of said positions shall be determined at that time.
1.0102 Compensation. The annual salary of the Town Board President, trustees and appointed officers and employees shall be set by resolution of the Town Board at the regular meeting in January. (SDCL 9-14-28)
Rate of Pay and Overtime. The municipality, in reference to employees of the Town of Midland shall comply with applicable state or federal wage and hour laws.
Employee Benefit and Personnel Issues. Employee benefits and other personnel type issues shall be those set forth in the town’s personnel policy manual.
1.0103 Bonds. The Financial Officer shall be bonded in such sum to be approved by the Town in accordance with state law, conditioned for the faithful performance of the duties of such office. The bond costs shall be payable by the municipality. (SDCL 9-14-6.1)
CHAPTER 1.02 – TOWN BOARD OF TRUSTEES/GOVERNING BODY
1.0201 Class of Municipality. The Town of Midland shall be considered a third class municipality with a population less than 500. (SDCL 9-2-1)
Change of Classification. The Town of Midland may change its classification if the territory of the municipality has changed substantially since the last preceding census. The governing body by resolution may authorize and direct its finance officer to determine the population by filing in his or her office a certificate showing the whole number of persons who voted at the last preceding annual municipal election, which number multiplied by three shall constitute the population for the purpose of classification until the next federal census shall have been completed. (SDCL 9-2-2)
1.0202 Form of Government/Composition. The Town Board shall consist of three Trustees, elected at large. Each Trustee shall be elected for a term of three (3) years. (SDCL 9-2-3 and 9-7-3)
Trustee Qualifications. A Trustee must be a citizen of the United States, a qualified voter of Midland and an individual residing within the city limits of Midland for a minimum of three months prior to his/her election or appointment. Neither can a person owe money to the municipality or be delinquent on any funds owed the municipality of Midland. (SDCL 9-14-2)
1.0203 President of Board. On an annual basis, at the first regular meeting after their election, the members of the Town Board shall elect one of their members as President (chief elected official) of the Board of Trustees to serve for one year and until his successor is elected and qualified. (SDCL 9-7-5).
Vice President. On an annual basis, at the first regular meeting after their election, the members of the Town Board shall elect one of their members as Vice-President of the Board of Trustees to serve for one year
1.0204 Regular and Special Meetings. On the 2nd Tuesday of each month at 8:00 p.m., the Town Board shall meet at the Town Hall or other designated place, to consider, take under advisement, and act upon such business as may come before it. Special meetings may be called at any time by the Board President or in his absence, by the acting Board President. (SDCL 9-7-6)
1.0205 Town Board President – Duties. The President shall preside at all meetings of the Town Board. The President shall perform such other duties as may be prescribed by laws and ordinances and ensure that such laws and ordinances are faithfully executed.
Town Board Vice-President –Duties. The Vice-President in the absence of the Town Board President shall be the presiding officer at the town board meetings during the absence of the Town Board President and in the temporary absence of the Town Board President shall perform the duties of the Town Board President as provided by state law or ordinances of the Town of Midland including signing any necessary paperwork and financial documents.
1.0206 Compensation – Town Board. The Town Board members are to be allowed compensation as set by resolution of the Town Board. Compensation of the Town Board members as herein set forth shall be paid at such times as may be decided upon by the Board. (SDCL 9-33-13)
1.0207 Vacancies. If a vacancy occurs for a government body member/Trustee, the remaining members shall appoint a replacement to serve until the next annual municipal election, except as described below.
A. If any trustee who is incapacitated by illness or an accident which causes the members to be unable to attend meetings of a governing body or fulfill the duties of the office, the member may elect to temporarily resign from the governing body. Notice of such shall be in writing to the Municipal Finance Officer. If the member or officer is unable to give notice, the member’s/officer’s spouse or guardian or any person has durable power of attorney for the member or officer may give notice of resignation. A temporary member may then be appointed by the remaining trustees who shall serve until the member or officer is able to fulfill the requirements of office or until the expiration of the member’s term, whichever comes first. (SDCL 3-4-9)
B. If any board member/trustee is also a member of the National Guard or reserved component of the armed forces of the United States and is called into active duty which causes the trustee to be unable to attend meetings of the governing body, the member may elect to temporarily resign from the governing body. Notice of temporary resignation shall be in writing to the Finance Officer. A temporary replacement shall then be appointed by the remaining trustees. The temporary member shall serve until the member returns from active duty or until the expiration of the member’s term, whichever occurs first. (SDCL 3-4-8)
C. Any appointee to fill an unexpired term must meet the qualifications as identified in 1.0202.
CHAPTER 1.03 – TOWN BOARD MEETINGS/RULES
1.0301 Meetings. The first regular meeting of the town board in May of each year shall be held
the first Monday at 8 p.m. MT in the town hall or at other designated place. Unless otherwise determined and announced, other regular monthly meetings of the Town Board shall be held in the town hall or other designated place on the second Tuesday of each month at 8 p.m. MT.
1.0302 Special Meeting. Special meetings may be called at any time by the Town Board
President or Finance officer by oral or written notice to its members to consider such matters as mentioned in the call for the meeting. (SDCL 9-7-6)
1.0303 Notice of Regular and Special Meetings. The municipal Financial Officer shall issue written notice of with the proposed agenda at least 24 hours prior to any meeting by posting a copy of the notice, visible to the public, at city hall and provide in advance of each special or rescheduled meeting via person, mail or by telephone the information in the notice to members of the local news media who have requested notice. (SDCL 1-25-1.1) For special and/or rescheduled meetings, the town shall try to meet the provision of this section.
1.304 Quorum. A majority of the members of the Town Board shall constitute a quorum. No act of the board shall be effective unless agreed to by a majority of the members. (SDCL 9-7-7)
1.305 Record of Meetings. The Town Board/Governing Body shall sit with open doors, unless otherwise allowed by SDCL and shall keep a written record of its proceedings.
1.306 Votes. The yeas and nays shall be recorded by individual upon the passage of all ordinances and upon any proposal to create a liability or for the expenditure of money, and in all other cases at the request of any member. No municipal official(s) may participate in discussions or vote on any issue in which the official(s) have a conflict of interest and/or if the following circumstances apply: 1) the official has a direct monetary interest in the matter before the Town Board/Governing Body; or 2) at least two-thirds of the governing body vote that an official has an identifiable conflict of interest that should prohibit such official from voting on a matter. If an official with a direct monetary interest participates in discussions or votes on the matter, the legal sole remedy shall be to invalidate the official’s vote. (SDCL 6-1-17)
1.0401 Fire Department. The Midland Volunteer Fire Department shall be the designated Fire Department for the Town of Midland.
1.0402 Police Department. The Town of Midland does not operate its own police department; therefore, municipal ordinances may be enforced by the Haakon County Sheriff’s office and any other certified law officer of the state of South Dakota.
1.0501 Revenues and Special Funds. All money belonging to the Town from taxation, licenses, fines, permits, the operation of utilities, or from any other source, shall be paid into the Town treasury, and the Town Board shall designate by ordinance to what fund or funds such money shall be applied. The Finance Officer shall keep full, true and just accounts of all financial affairs of such form and in such manner a from time to time as required by the South Dakota Department of Revenue (SDCL 9-14-18)
1.0502 Records Retention and Destruction. The Records Retention and Destruction Schedule Manual, authorized for South Dakota municipalities by the Office of Records Management, Bureau of Administration, State of South Dakota, shall be adopted by the Town Board, and a printed copy of such manual shall be filed with the Finance Officer.
1.0503 Annual Reports by Boards. Each of the boards appointed, if any, and acting for the Town shall make an annual report of its receipts, disbursements and activities to the Board as soon as practicable after the close of the fiscal year, such reports to be filed with the Finance Officer.
1.0504 Sale of Personal Property. Whenever the Town deems it necessary in the best interest of the Town that personal property belonging to the Town be sold, said property having been abandoned or about to be abandoned for public use, said property shall be sold to the highest bidder upon such terms as may be determined by the Town Board.
Notice of such sale shall be given publication once a week for two successive weeks in the official newspaper of the Town, which said notice shall contain a description of the personal property to be sold at the time and place where bids shall be received by the Board for said sale: and the Board may at such time sell said personal property to the highest bidder therefore, or may, in its discretion, reject the bids.
1.0505 Claims. All claims against the Town of Midland shall be in writing and upon forms provided by the Finance Officer and in such form as required by statute of the State of South Dakota. Prior to passage or payment by the Board, claims shall bear the approval of the board.
1.0506 Supplies. The Finance Officer shall purchase supplies, shall have charge thereof, and shall make all sales therefrom; provided no purchase involving an expenditure of more than $200 shall be made without the consent of the Town Board, before being first obtained. The Utilities Operator may purchase supplies up to $1000 without previous approval of the Town Board. A bill with the price thereof shall immediately be filed with the Finance Officer, and shall bear the endorsement of such officer or agent showing in what respect, if any, the material or articles failed to correspond with the material or article ordered.
Chapter 2.01 – Boundaries
Chapter 2.02 – Wards and Voting Precincts
2.0101 Boundaries. The corporate limits of the Town are declared to be such as have been legally established and amended by law and ordinances of the Town as shown on the official map on file in the office of the Finance Officer. Such map shall be incorporated in this ordinance by reference and adopted as the official map showing the boundaries and limits of the Town (SDCL 9-3-2)
2.0102 Wards and Voting Precincts. The Town shall be comprised of one election precinct for the purpose of holding all municipal elections. Town Hall shall be the voting place, unless another voting place is so designated.
Chapter 3.01 - Nuisances
Chapter 3.02 – Collection of Garbage
3.0101 Definitions. For the purpose of this Chapter, the following terms are hereby defined.
A. “Garbage” – The animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.
B. “Solid Waste” – Any garbage, refuse, sludge from waste treatment plant, water supply treatment plant or air pollution control facility and other discarded materials, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial and agricultural operations, and from community activities… including, but not limited to wood and other construction materials, appliances, yard waste, tires, scrap iron, chemicals or fuel. (SDCL 34A-6-1.2)
C. “Wastewater” – The spent water of a community. From the standpoint of source it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with any groundwater, surface water and storm water that may be present.
D. “Abandoned property” – Any junk car, car bodies or equipment of any type, except in an authorized junk yard, or any accumulations of other unsightly trash or junk which would constitute a health hazard, a rodent harborage, a breeding area for insects or rodents, a dangerous place for children to play in and around or which tends to be unsightly and which does or tends to lower the value of adjacent real property because of its unsightliness.
E. “Abandoned vehicle” – Any vehicle that is left unattended or stored on any public property in the same or substantially same place within the Town for a longer period than 24 hours.
F. “Inoperable vehicle” – Any vehicle which is not in operation condition due to damage, removal or inoperability of one or more tires and wheels, the engine or other essential parts required for the operation of the vehicle, or which does not have lawfully affixed thereto unexpired license plates, or which constitutes an immediate health, safety, fire or traffic hazard.
G. “Nuisance” – Unlawfully doing an act, or omitting to perform a duty, which act or omission: (1) annoys, injures, or endangers the comfort, repose, health or safety of others; (2) in any way renders other persons insecure in life, or in the use of property; (3) renders the ground, the water, the air, or food a hazard or any injury to human health; and in addition (4) the specific acts, conditions and things listed in Section 3.0102 are hereby declared to constitute public nuisances, but such acts, conditions and things shall not be deemed to be exclusive (SDCL 21-10-1)
H. “Private property” – Any real property within the Town that is privately owned and which is not public property.
I. “Public property” – Any street, alley or highway which shall include the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel, and also means any other publicly owned property or facility.
J. “Removal agency” – Any public body, private or nonprofit organization authorized, hired or appointed by the Town to remove and salvage vehicles.
K. “Unsightly trash or junk” – Property which is deteriorated, wrecked or derelict property in unusable condition, having no value other than nominal scrap or junk value, if any, and which is left outside of a permanent, enclosed structure and which shall include, without limitation, motors, lawn mowers, campers, refrigerators and other household appliances, furniture, household goods and furnishings, scrap metals or lumber or other similar articles in such condition.
L. “Vehicle” – Any conveyance, whether or not self-propelled, and which is designed to travel along the ground or in or on the water and shall include, but not limited to, automobiles, buses, motorbikes, motorcycles, motor scooters, trucks tractors, pull trailers, go-karts, golf cars, boats, jet skis, campers and trailers.
3.0102 Acts, Omissions and Conditions Prohibited. No person, whether an owner, occupant, tenant or other person in charge of any real property within the corporate limits of the Town shall create, commit, maintain, or permit to be created, committed, or maintained, any public nuisance, to include, without limitation, the following specific acts, conditions and things, each and all of which are hereby declared to constitute a nuisance: (SDCL 9-32-1)
A. Depositing, accumulating, or permitting to be accumulated upon any public or private property, any household wastewater, sewage, garbage, refuse, rubbish, offal, excrement, decaying fruit, vegetables, fish, meat, bones; any fowl, putrid, or obnoxious liquid substance; any chemical or hazardous material; or decaying and non-decaying animal or vegetable wastes or solid wastes, or any other waste material which constitutes or tends to create a danger to public health, safety, and welfare. (SDCL 9-32-10, SDCL 34A-7-9)
B. The accumulation of manure, garbage, or anything whatsoever which may be breeding areas for flies, mosquitoes, or rodents. (SDCL 9-32-10)
C. The growth of weeds or plants declared to be primary or secondary noxious weeds by the State Weed and Pest Control Commission, all weeds declared to be locally noxious by the Town Board, and all other weeds and grasses growing upon any real property in the Town to be a height greater than 8 inches, or which have gone or are about to go to seed, or the dense growth of brush or grasses which may constitute a health, safety or fire hazard, shall be deemed noxious, dangerous and unhealthful vegetation and are hereby declared to be a nuisance. Fallen tree limbs, diseased or dead trees, and dead tree limbs shall also be declared dangerous and a secondary noxious weed and is being grown as hay for livestock consumption, as a native prairie display garden, or as a wildflower display garden, or other nature areas, so long as the same are approved to be used as such by the Town Board, shall not constitute a nuisance. (SDCL 9-32-12)
D. For the owner of a dead animal to permit it to remain undisposed of longer than twenty-four (24) hours after its death. (SDCL 9-29-13)
E. Any excavation, trench, or open basement in which stagnant water is permitted to collect or which may jeopardize the life, limb, or safety of the general public. (SDCL 9-29-13)
F. Throwing or letting fall on or permitting to remain on any street, alley, or public ground any manure, garbage, rubbish, filth, fuel or wood while engaged in handling or removing any such substance. (SDCL 9-32-10)
G. Keeping or maintaining any building or enclosure where livestock or fowl are kept unless a special permit is requested and such is approved by the Town Board. (SDCL 9-29-13)
H. Disposing of garbage, waste, or refuse by open burning, or causing, allowing, or permitting the conducting of a salvage operation by open burning in the Town. The following types of open burning shall be permissible for a specific purpose when conducted in conformity with the subsections set forth below:
1. Fires set for the elimination of a fire hazard, which cannot be abated by any other means when authorized by the Fire Chief of the Town Volunteer Fire Department.
2. Fires purposely set by the town maintenance personnel for the purposes as authorized by the Fire Chief of the Town Volunteer Fire Department.
3. Fires purposely set by the Town Volunteer Fire Department personnel and authorized by the Fire Chief for the purpose of training and conducted in accordance with the live fire-training standards.
4. Campfires and other fires used solely for recreational purposes, for ceremonial occasions, and for outdoor preparation of foods.
I. Maintaining, or causing or permitting the same, any building or premises which is determined to be dangerous or dilapidated. Any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous or dilapidated building, if such conditions or defects thereby annoy, injure or endanger the comfort, repose, health, or safety of others or, if such conditions or defects exist to the extent that the life, health, property, value of property or safety of the public or its occupants are jeopardized.
1. Whenever any building or structure is (i) vacant and unoccupied for the purpose for which it was erected and; (ii) the building is unfit for the occupancy as it fails to meet minimum housing standards and; (iii) the building has remained substantially in such condition for a period in excess of six months.
J. Maintaining or permitting to be maintained on any private or public property any abandoned property or unsightly trash or junk, abandoned vehicle, or inoperable vehicle or parts thereof. It shall be unlawful to keep or place any of such vehicles or vehicle parts;
1. Upon public streets or property except on an emergency basis.
2. Upon the private property of any person owning, in charge of, or in control of any real property within the Town, whether as an owner, tenant, occupant, lessee or otherwise, for longer than 14 days unless it is within a fully enclosed building or structure. A carport, tarpaulin, tent, or other similar temporary structure shall not be deemed to satisfy the requirements of this section.
In no event shall an inoperable vehicle that constitutes an imminent health, safety or fire hazard be kept or located on any real property.
K. The requirements of paragraph J shall not apply to the following:
1. One inoperable vehicle kept on private property without being shielded from public view if licensed and kept on a private driveway. If this inoperable vehicle is in a state of externally visible disrepair or disassembly, it shall not be kept on the private driveway longer than 14 days.
2. Filling stations, automobile repair shops or any other motor vehicle related businesses in compliance with the applicable Town ordinances may place inoperable vehicles being repaired or offered for sale on the premises.
3. Junkyards operated and maintained in compliance with applicable Town ordinances.
4. Any vehicle specifically designed and used for operation on drag strips or raceways that remains on private property.
5. Any vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the Town or authorized by the Town.
3.0103 Diseased Vegetation. Any owner, occupant, or person in charge of any property under the jurisdiction of the Town shall remove at his own expense any trees, brush, wood, or debris infected with Dutch Elm disease or other infestations or infectious disease found thereon when so notified by the Town to do so. The Town Board shall cause to be mailed to such owner, occupant, or person, written notice that they may appear before the said Town Board at an appointed time not less than fourteen (14) days from the date of the mailing of said written notice to show cause why said trees, brush, wood, or debris should not be declared a nuisance.
At said meeting the Town Board may resolve and declare the same to be a public nuisance and may order its removal by said owner, occupant, or person within twenty-one (21) days from the date of service of said resolution and order on said owner, occupant, or person.
3.0104 Littering in Public Places. No person shall throw or deposit litter in or upon any street, sidewalk, or other public place within the Town except in authorized public or private receptacles. The following further identifies acts and conditions that constitute nuisances and are therefore prohibited.
A. No person shall sweep into or deposit in any gutters, streets, or other public place within the Town, the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property or places of business shall keep the sidewalk in front of such premises free of litter.
For purposes of this Chapter, a public nuisance shall also include snow and ice when deposited or allowed to accumulate in conflict with the provisions of this section.
B. No persons, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place or upon private property within the Town.
No person shall drive or move any truck or other vehicle within the Town unless such vehicle is so constructed or loaded as to prevent any load, contents, or litter from being blown or deposited upon any street, alley, or public place.
C. No person shall throw or deposit litter on any occupied, open, or vacant private property within the Town, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being deposited upon any streets, sidewalk, or other public place or upon any private property.
3.0105 Removal of Abandoned or Inoperable Vehicles – Public Property. Whenever the Town or any law enforcement officer for the Town finds an abandoned or inoperable vehicle on public property within the Town, a written notice shall be placed on the vehicle that it will be removed to a garage or place of safety unless the owner removes the vehicle from public property within 24 hours of the giving of the notice. After the expiration of the 24-hour period, the vehicle may be removed by a removal agency to a garage or place of safety. Nothing in this section precludes the Town or any law enforcement officer for the Town from immediately removing a vehicle that constitutes an imminent health, safety or fire hazard.
3.0106 Disposal of Unclaimed Vehicles. The removal agency shall have the rights and obligations conferred upon it by SDCL Chp. 32-36 in regard to titling or disposition of such unclaimed, abandoned or inoperable vehicle, except that, if not otherwise provided by state law, it shall have a possessory lien upon any vehicle removed under provisions under this chapter for the costs or reasonable charges in taking custody of and storing such vehicles.
3.0107 Duty of Private Property Owners. No person owning, in charge of or in control of any real property within the Town, whether as owner, tenant, occupant, lessee or otherwise , shall allow any abandoned or inoperable vehicle of any kind to remain on such property longer than 14 days.
3.0108 Notice Procedure. A written notice shall be placed on the abandoned or inoperable vehicle by the Town or by any law enforcement officer for the Town requesting the removal of such motor vehicle in the time specified in this Chapter. Written notice shall also be placed on the front door of any dwelling located on the private property requesting the removal of such motor vehicle in the time specified in this Chapter. In the event the owner and the occupant or tenant of the real property are not the same person, written notice shall be given to the owner by certified mail requesting the removal of such motor vehicle in the time specified in this Chapter. In the event the private property is not occupied, written notice shall be given to the owner by certified mail requesting the removal of such motor vehicle in the time specified in this Chapter.
3.0109 Responsibility for Removal. Upon notice having been given, the owner of the abandoned or inoperable vehicle and the owner or occupant of the private property on which the vehicle is located, either or all of them, shall be responsible for its removal.
3.0110 Content of Notice. The notice is section 3.0108 shall request removal of the abandoned or inoperable vehicle within 14 days after the date of the posting or mailing of such notice, and the notice shall advise that failure to comply with the notice to remove shall be a violation of this Chapter, that the Town may take steps to abate the same, and that in addition to abatement directly or by civil action, the Town may pursue criminal fines and penalties against the owner, occupant, tenant or other person in charge of the real property as provided in this Chapter.
3.0111 Public and Private Nuisance Defined. A public nuisance is one that affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon the individuals may be unequal, every other nuisance is private. (SDCL 21-10-3)
3.0112 Remedies Against Nuisances. The Remedies against any nuisance shall be: (1) A civil action; (2) Abatement; and (3) In cases of public nuisance only, the additional remedy of indictment or information as prescribed by the Chapter or by the South Dakota Codified Laws, and the rules relating thereto. (SDCL 21-10-5)
3.0113 Abatement. A public nuisance may be abated without civil action by the Town Board or by any officer authorized thereto by law. Any private person may likewise abate a public nuisance which is especially injurious to him or her, or any private nuisance injurious to him or her in a manner by removing, or, if necessary, destroying that which constitutes the nuisance, without committing a breach of the peace or doing unnecessary injury. If a private nuisance results from a mere omission of the wrongdoer, and cannot be abated without entering upon his or her land, reasonable notice shall be given to him before entering to abate it. The Town may defray the cost of abating a public nuisance by taxing the cost thereof by special assessment against the real property on which the nuisance occurred. When the nuisance abated is an unsafe or dilapidated building, junk, trash, debris or similar nuisance arising from the condition of the property, the Town may commence a civil action against the owner of the real property for its costs of abatement in lieu of taxing the cost by special assessment (SDCL 21-10-6)
3.0114 Public Nuisance Penalty and Remedy. Any person who creates, commits, maintains or fails to abate a public nuisance as required under the provisions of this Chapter shall be subject to a maximum penalty of thirty (30) days in jail or a five hundred dollar ($500.00) fine, or both. A separate offence shall be deemed committed on each day during or on which a violation occurs or continues. In addition, the Town may also use the remedies of civil action and abatement as set forth in SDCL 21-10-5 through 21-10-9.
3.0201 Definitions. The following definitions shall define the terms used in Chapter 3.02
A. Bulky Items. Large items such as white goods or furniture.
B. Commercial Solid Waste. Solid waste generated by stores, offices, restaurants, warehouses, printing shops, service stations, and other non-manufacturing, non-household sources.
C. Garbage. Solid and semisolid putrefiable animal and vegetable wastes resulting from the handling, preparing, cooking, storing, serving, and consuming of food or of material intended for use as food, and all offal, excluding useful industrial by-products, from all public and private establishments and from all residences.
D. Household Waste. Solid waste derived from households, including single and multiple residences, but not waste from commercial activities that is generated, stored, or present in a household.
E. Rubble. Stone, brick, concrete, or similar inorganic material, excluding ash, waste tires, and asbestos-containing waste materials.
F. White Goods. Discarded refrigerators, ranges, washers, water heaters, and other similar domestic and commercial appliances.
3.0202 Removal of Garbage, Commercial Solid Waste and Household Waste. The owner, resident, operator or member of each individual household or residence, multi-family dwelling, business, association or corporation, within the Town of Midland, South Dakota shall utilize the collection service provided by the Town of Midland for the regular removal and disposal of all garbage, commercial solid waste and household waste. No owner, operator or member of an individual household or residence, multi-family dwelling, business, association or residence shall attempt to dispose of garbage, commercial solid waste, and household waste other than by collection by the Town of Midland or the town’s designated contractor.
3.0203 Garbage Fee. The Town of Midland shall collect a fee of $16.00 plus tax per month from each household, residence, or business for the collection of garbage, commercial and household waste as defined in Section 3.0201. If a property is connected to municipal water it must also be served by municipal garbage services. At its discretion, the Town Board may from time to time amend this rate by resolution.
3.0204 Removal of rubble, Bulky Items, and White Goods. Each person and/or business may remove their own rubble, bulky items, and white goods, provided the rubble, bulky items, and white goods are disposed of in an appropriately permitted facility.
3.0205 Bagging and Tying of Garbage. All garbage, commercial solid waste, and household waste shall be bagged, and household waste shall be bagged, tied and placed in a suitable container at the curbside or alley side adjacent to the residence or business in accordance with the wishes of and at the times directed by the Town of Midland. Suitable containers are those receptacles equipped with a lid to prevent the contents of the containers from being blown out and scattered.
3.0206 Restricted Use Site. The Town of Midland operates a restricted use site in accordance with South Dakota rules and regulations. Items that will be accepted at the restricted use site will be posted and may change from time-to-time.
Chapter 4.01 – General Provisions
Chapter 4.02 – Peddlers
Chapter 4.03 – Alcoholic Beverages
Chapter 4.04 – Adult Businesses
4.0101 Licenses Required. No person shall engage in any activity for which a license is required, or for which a fee is prescribed, by this Chapter or other ordinance, without first having obtained such license. (SDCL 9-34-1)
4.0102 Application for License. Any person, persons, firm or corporation wishing to obtain a license as herein provided, shall make written application to the Town Board stating the name of the applicant, address, purpose of the activity, the length of time for which said license is wanted, and the particular place at which said license is to be used.
Fees for all licenses shall be fixed by the Town Board where not specified in this Chapter, and all license fees shall be paid in full at the time of application in such manner as approved by the Town Board.
4.0103 License Expiration. Any licenses granted under the provisions of this Chapter shall expire on the 31st day of December next following the granting thereof, except as otherwise provided, and shall not be granted for any sum less than the annual rate. There shall be no rebate made on the termination of said calling, vocation, or kind of business for which said license was issued.
4.0104 Revocation. The Town Board shall have the authority at any time to suspend or revoke any license granted under the provision of this Chapter whenever the Town Board shall be satisfied upon written complaint that such calling, vocation, or kind of business for which said license has been issued, has been made or conducted in an improper or illegal manner, and in case of such revocation, the Town Board may refund to the holder of such license such proportionate amount of money paid therefore as the Town Board shall deem just.
4.0105 Issuance of License. Except as otherwise provided, all licenses shall be issued by the Finance Officer after it has been approved by the Town Board and the applicant shall have complied with all requirements for issuance of such license. Unless otherwise provided, all licenses shall be signed by the Finance Officer and shall have affixed thereto the official seal of the Town.
4.0106 Record of Licenses. The Finance Officer shall keep a record of all licenses issued by the Town stating when and to who issued, for what purpose and for what length of time, the amount of money paid for said license, and the place where such activity is to be carried on. (SDCL 9-34-1)
4.0201 Definitions. For the purpose of this Chapter, the following terms are hereby defined.
A. “Peddler” – any person, whether a resident of this Town or not, traveling from place to place, from house to house, or from street to street for the purpose of selling or soliciting for sale of goods, products or services, other than agricultural products produced or processed in this state; and shall also mean and include any person transaction a temporary business within the Town.
B. “Temporary business” – shall not include bona fide garage or rummage sales which are not conducted at the same location more than four times per year; the duration of each sale shall not exceed four days.
4.0202 Application for License. Any peddler wanting to do business in the Town shall complete and file an application with the Finance Officer containing the following:
1. Whether the applicant, upon a sale or order, receives payment or a deposit in advance of final delivery;
2. The period of time the applicant wishes to engage in business within the Town;
3. The local, and permanent address of the applicant;
4. The kind of goods, products, or services the applicant wishes to sell;
5. The last five cities or towns the applicant has worked in;
6. Proof of a valid, effective sales tax license; and
7. An application fee of $50.00 to be paid to a Town Law Enforcement Officer or the Town Finance Officer.
4.0203 Granted License. The application shall be submitted to the Town Board for review. If the Town Board grants the license, it shall be issued to the peddler and valid until December 31st of that year. If the Town Board does not grant the peddler a license, the Finance Officer shall refund the application fee to the applicant. The application may be renewed by filing a renewal application and the payment of a $35.00 fee with the Finance Officer on or before December 31st of the year in question.
4.0204 Exceptions. The provisions of this ordinance shall not apply to the following:
1. Solicitations, sales or distributions made by charitable, educational, or religious organizations.
2. Traveling salespersons doing business exclusively with retail merchants, manufacturers, jobbers or public officials.
3. Member of professions licensed by the state which have continuing education requirements.
4. Persons Selling or delivering personal property to regular customers on established routes.
4.0205 Unlawful conduct. The following conduct shall be deemed unlawful:
1. For any peddler to remain upon premises after having been told by the owner or possessor of the premises to leave.
2. For any peddler to make false or fraudulent statements concerning the quality or nature of his goods, products, or services.
3. To enter upon any premises posted with a sign stating “No Peddlers Allowed” or “No Soliciting”.
4. To engage in business of peddling between the hours of 8 p.m. and 9 a.m., or anytime on Sunday, except by specific appointment or invitation.
5. For any peddler to engage in business within the Town without first obtaining a license to do so.
6. For any peddler to fail to display his license upon the request of any person.
4.0206 Revocation. Any license issued under the provisions of this Chapter may be revoked for the violation by the licensee of any provision of this Chapter or state law. Upon such revocation, such license shall immediately be surrendered to the Town’s Law Enforcement Officer/Haakon County Sheriff’s Department or the Finance Officer.
4.0301 License Required. No person shall sell, offer for sale, keep for sale, exchange, distill, manufacture, produce, bottle, blend, or otherwise concoct, within the Town any alcoholic beverage as defined by statute, without having a license as is required by South Dakota Laws. (SDCL 9-29-7 and SDCL 32-2-2.1)
4.0302 Operating Agreement. The Town of Midland retains the licenses to sell, both “on and off-sale” liquor and enters into operating agreements for the specific purpose of operating the on and off-sale establishments for the municipality. (SDCL 35-4-19).
4.0303 Application and License Fees. In any instances in which applications may qualify, applications for licenses for the sale of wine and malt beverages and temporary licenses in the Town shall be submitted as prescribed by South Dakota Laws. (SDCL 35-2)
4.0304 Location of Business. The Town Board shall not issue any licenses to any person(s), business or group where the location of such a business would not be considered desirable in accordance with South Dakota Laws and local regulations. (SDCL 35-2-6.1, SDCL 35-2-6.2)
4.0305 Hours of Business. No one/business operating with an on and off-sale liquor operating agreement, on and off-sale wine and malt beverage license including retailer and package dealers, restaurant license, or special events/temporary alcoholic license may sell, serve or allow to be consumed any alcoholic beverage between the hours of 2:00 a.m. and 7:00 a.m. or any time on Christmas Day. On-sale/off sale malt beverage/beer and wine beverages may be served between the hours of 7:00 a.m. and midnight on Sunday and Memorial Day. (SDCL 35-4-2.1, SDCL 34-4-81 and 35-4-81.2)
4.0306 Violations. Any person, firm, or licensee in violation of any of the provisions of this Chapter shall be deemed guilty of a misdemeanor. Failure to correct any violation when applicable, after notice, each day of failure to do so shall constitute an addition separate offence. Whenever any person acting as clerk, servant, agent, or employee of any other person or establishment violated any of the provisions of this Chapter that person shall also be deemed as guilty as a principal. Failure to comply with all existing requirements, including the provisions in this Chapter, shall provide cause for revocation of any license granted under the provisions of South Dakota Laws. (SDCL 35-2-10)
4.0307 Sanitation Facilities. Every on sale dealer shall maintain upon his licensed premises, toilets properly connected with the Town sewer system with separate facilities for men and women. In each such facility there shall be maintained running water and towels for use by the users of such facilities (or approved sanitary drying facilities). Every licensee shall have such facilities equipped and maintained so as to pass state and/or local health requirements at all times. (SDCL 34-18-22)
4.0308 Indecent Exposure or Simulation Thereof Prohibited.
A. It is unlawful for any person on any premises licensed or having a municipal operating agreement for the sale of alcoholic beverages, while in the presence of any other person, to:
1. Fail to conceal, with a fully opaque covering, the sexual parts of such person’s body, to include the genitals, pubic area and anus of any person, or the nipple and areola of the female breast.
2. Expose any device, costume or covering which gives the appearance of, or simulates, the genitals or pubic area of the male or female body, or the nipple or areola of the breast.
B. It is unlawful for any person/business holding an on-sale and/or off-sale liquor store operating agreement with the Town of Midland to cause, allow or permit any person on the licensed premises to violate the provisions of subsection (A) of this section.
CHAPTER 4.04 - ADULT BUSINESSES
4.0401 Adult Uses. It is recognized that there are some businesses which because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated thereby having an adverse effect of adjacent areas. To ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods/area.
A. None of the following permitted uses may be established,operated or maintained within one-quarter mile of a residential district, a church, a school meeting all of the requirements of the compulsory education laws of the state of South Dakota, or a public park:
1. Adult Bookstore, adult theater, or adult photo studio.
2. Any use which has as a part of its operation adult entertain or amusement, including but not limited to, a restaurant or eating place, a bar, lounge or tavern.
3. Any use intended to provide adult amusement or entertainment.
B. Not more than two of the following permitted uses may be established, operated or maintained within one-quarter (1/4) mile of each other as measured from the closest point of the outside wall of the building, or tenant space.
1. Adult bookstore, adult theater, adult photo studio, liquor store, or bar.
2. Any use which has a part of its operation adult entertainment or amusement including, but not limited to, a restaurant or eating place, a bar, lounge or tavern.
3. Any use intended to provide adult amusement or entertainment.
C. The one-quarter (1/4) mile restriction provided for in 4.0401 B above may be waived and a permit issued upon proper application if the Town and County find:
1. That the proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of these ordinances shall be observed.
2. That the proposed use will be limited to the following area: any area south of the Bad River.
3. That the proposed use not be at a place of business, or premises licenses for the sale of alcoholic beverages.
4. That the proposed use be open for business only during regular business hours between 8:00 a.m. and 1:00 a.m. Monday through Saturday and 1:00 p.m. to 6:00 p.m. a.m. on Sunday.
5. That all applicable SDCL, county and municipal ordinances be observed by said business.
Chapter 5.01 – Offenses Against Public Welfare
Chapter 5.02 – Animals
Chapter 5.03 – Firearms
Chapter 5.04 – Minors
Chapter 5.05 – Indecency/Public Nudity
5.0101 Disorderly Conduct. A person shall be guilty of disorderly conduct if, with the purpose of causing public danger, alarm, disorder, nuisance, or if his conduct is likely to cause public danger, alarm, disorder or nuisance, he willfully does any of the following acts in a public place:
A. Commits an act in a violent and tumultuous manner toward another whereby that other is placed in danger of life, limb or health.
B. Commits an act in a violent and tumultuous manner toward another whereby the property of any person is placed in danger of being destroyed or damaged.
C. Causes, provokes or engages in any fight, brawl or riotous conduct so as to endanger the life, limb, health or property of another, except in exhibitions duly authorized and licensed by law.
D. Interferes with another’s pursuit of a lawful occupation by acts of violence.
E. Obstructs, either singly or together with other persons, the flow of vehicular or pedestrian traffic and refuses to clear such public way or place when ordered to do so by a law enforcement officer or other authorized official.
F. Is in a public place under the influence of an intoxicating liquor or drug in such a condition as to be unable to exercise care for his/her own safety or the safety of others.
G. Resists or obstructs the performance of duties by a law enforcement officer or other authorized official.
H. Incites, attempts to incite, or is involved in attempting to incite a riot.
I. Addresses abusive language or threats to any law enforcement officer, or any other authorized official of the Town who is engaged in the lawful performance of his duties, or any other person when such words have direct tendency to cause acts of violence. Words merely causing displeasure, annoyance or resentment shall not be permitted.
J. Damages, befouls or disturbs public property or the property of another so as to create a hazardous, unhealthy or physically offensive condition.
K. Makes or caused to be made any loud, boisterous, and unreasonable noise or disturbance to the annoyance of any other persons nearby, or near to any public highway, road or common, whereby the public peace is broken or disturbed or the traveling public is annoyed.
L. Fails to obey a lawful order to disperse by a law enforcement officer or other authorized official, where one or more persons are committing acts of disorderly conduct in the immediate vicinity, and the public health and safety is imminently threatened.
As used above, the following definitions shall apply:
A. Public Place. Any place to which the general public has access in the right resort for business, entertainment, or other lawful purpose, but does not necessarily mean a place devoted solely to the use of the public. It shall also include the front or immediate area of any store, shop, restaurant, tavern or place of business and also public grounds, areas or parks.
B. Riot. A public disturbance involving (i) an act or acts of violence by one or more persons part of an assembly of three or more persons, which act or acts shall constitute a clear and present danger of, or shall result in, damage or injury to the property of another person or to the person or any other individual; or (ii) a threat or threats of the commission of an act or acts of violence by one or more persons part of an assemblage of three or more persons having, individually or collectively, the ability of immediate execution of such threat or threats, where the performance of the threatened act or acts of violence would constitute a clear and present danger of, or would result in, damage or injury to the property of any other person or to the person of any other individual.
D. Inciting Riots. Shall mean, but is not limited to, urging or instigating other persons to riot, but shall be deemed to mean the mere oral or written advocacy of ideas or expression of belief, not involving advocacy of any act or acts of violence or assertion of the rightness, or the right to commit, any such act or acts. This Section shall not be construed to suppress the right of lawful assembly, picketing, public speaking, or lawful means of expressing public opinion. (SDCL 9-29-2 and 22-18-35)
5.0102 Open Containers. It shall be unlawful to consume any beer or alcoholic beverage or to possess any glass, can or other container containing beer or any alcoholic beverage on which the seal has been broken, in any public place, vacant building, automobile, street, alley, sidewalk or place of amusement or business establishment not authorized to sell beer or alcoholic beverages, unless approved by the Town Board. (SDCL 35-1-5.3, SDCL 35-1-9.3)
5.0103 Injury or Removal of Public or Private Property. No person shall willfully, maliciously, wantonly, negligently, or otherwise injure, deface, destroy, or remove real property or improvements thereto or movable or personal property belonging to the Town or to any person in the Town. (SDCL 22-34-1)
5.0104 Tampering in General. No person in the Town shall tamper with, injure, deface, destroy or remove any sign, notice, marker, fire hydrant, topographical survey marker or monument, or any other personal property erected or placed by the Town.
5.0105 Indecency. No person shall expose her breasts, his or her genitals, anus or pubic area under circumstances in which such person knows or reasonably should know that the conduct is likely to cause annoyance or alarm, nor shall any person urinate or defecate in any public place other than at facilities provided for that purpose.
5.0106 Excessive Noise, Including Radios, Television Sets, Musical Instruments, and Such Similar Devices Prohibited. Using, operating, or permitting the use of operation of any radio receiving set, television set, musical instrument, drum, or other machine or device for the production or reproduction of sound in such a manner as to be plainly audible at the property boundary of the source or plainly audible at fifty (50) feet from such device when operated within a vehicle anywhere within the limits of the Town, is prohibited.
5.0201 Definitions. The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
1. At Large.
a. An animal when off or away from the premises and not under the control of the owner, possessor, keeper, agent, servant, or a member of his immediate family by a leash.
b. 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.
2. Leash. A cord, thong, or chain, not to exceed six (6) feet in length, by which an animal is controlled by the person accompanying it.
3. Owner. Any person harboring or keeping an animal and who is the head of the household of the residence or the owner or manager in charge of the establishment or premises at which an animal remains or returns to.
5.0202 Types of Allowable Animals. No person shall keep, maintain, harbor, picket or have in
custody or under their control or within any structure any animal for any length of time within the Town of Midland, except as otherwise provided in this title. Neither shall any structures be constructed for the purpose of housing or maintaining any animals that are designated unlawful to be kept inside the municipal boundary limits of Midland.
A. Allowable small animals/pets include those that can be bought from a commercial pet store in the State of South Dakota; except alligator, crocodile, cayman, raccoon, skunk, fox, bear, sea mammal, poisonous snakes or any snake not native to South Dakota, prairie dogs, poisonous insects, hybrids, member of the phylum species other than domestic cat (felis domesticus), member of the canine species other than domestic dog (canis familiaris) or any other animal that would require a standard of care and control greater than that required for customary household pets; are allowable animals authorized by this ordinance and can be kept within the Town of Midland municipal boundaries.
B. No large domesticated livestock or domesticated fowl of any kind including but not limited to, horses, cows, goats, swine (including pot belly pigs), sheep, ducks, geese, chicken, pigeons, turkeys, guineas, etc. are allowed to be kept within in the city limits except during special events or with special permission of the city. During special events no person shall stake any domestic animal in such a manner as to permit it to approach within 100 feet of any residential dwelling or building used for human habitation other than that of the owner of such animal.
5.0203 Running at Large Prohibited. It shall be unlawful for any person to have any animal which is owned, kept, harbored, or allowed to be habitually in or upon the premises occupied by him or under his or their control to be at large and to go in or upon the private premises of others or upon any public property. The fine for an animal running at large is fifty ($50.00) dollars. It shall be one hundred ($100.00) dollars for each additional offence for same animal.
Allowing an animal to run at large as defined in the provisions of this section, shall also constitute a Class 2 misdemeanor. Notwithstanding any other provision, any animal not having a visible tag and running at large may be deemed a stray and destroyed immediately.
5.0204 Impoundment. The Town Board shall be authorized to enter into a contract with some person, association or Humane Society to establish, operate and maintain an animal shelter for the Town. Such contract shall provide for the enforcement of this chapter, for the impounding, destroying and disposal of animals, for a schedule of fees to be charged for services rendered, and for a monthly amount to be paid by the Town. The Town may, in lieu of the provisions of this section, maintain its own impoundment area or quarters, under the supervision of the Town Board. All services incurred by the Town will be reverted to the owner of said animal.
An owner reclaiming an impounded animal shall pay the actual cost of impoundment plus the following fee: First impoundment shall be $25.00; second impoundment within a twelve (12) month period shall be $50.00; any subsequent impoundment within a twelve (12) month period shall be $100.00. Upon impounding, the owner of such animal may at any time within five (5) working days after the same shall have been impounded, reclaim the animal by paying the expense of keeping such animal in addition to the fee prescribed by this section. If any animal so impounded shall not be reclaimed within five (5) working days and reasonable efforts to locate the owner have failed, the Town is authorized to destroy, sell, or otherwise dispose of such animal.
No person shall hinder, delay, or obstruct any law enforcement officer or other authorized official when engaged in capturing, securing or impounding any animal.
5.0205 Compulsory Vaccination of Animals for Rabies. Every dog, cat or other animal susceptible to rabies, held as a domestic pet in the Town, six months of age or older, shall be vaccinated against rabies by a licensed veterinarian. Vaccination against rabies shall be given at such intervals that guarantee immunity, and the minimum time period between vaccinations shall be determined by the available vaccine and based upon the recommendations and approval of the State Veterinarian.
Any owner acquiring a dog, cat or other animal by purchase, gift, birth or otherwise, shall have such animal vaccinated against rabies within one month following acquisition or when the animal reaches the age of six months.
Any animal impounded shall not be released to any person until such animal has been vaccinated against rabies; provided, however, no animal so impounded shall be vaccinated if the owner can present a certificate of a current vaccination.
All veterinarians or other qualified persons designated to vaccinate animals against rabies shall provide the owner at the time of vaccination with a certificate or metallic tag showing the date of the vaccination. Whenever metallic tags are so given for vaccination, such metallic tags shall be worn by all animals on a collar, harness, or chain when off the premises of the owner.
5.0206 Responsibility of owner to Place Animal for Observation. When any person owning or harboring a dog, cat, or other animal has been notified that the animal has bitten or attacked any person, the owner shall within twenty-four (24) hours place the animal under the care and observation of the animal control officer or a licensed veterinarian for a period of not less than ten (10) days.
At the end of ten (10) days observation period, the animal shall be examined by a licensed veterinarian and if cleared by the veterinarian, may be reclaimed by the owner upon paying the expenses incident thereto.
Any animal impounded or placed for observation, showing active signs of rabies, suspected or having rabies, or known to have been exposed to rabies, shall be confined under competent observation for such time as may be deemed necessary to determine a diagnosis.
No person shall knowingly harbor or keep any animal infected with rabies or any animal known to have been bitten by an animal known to have been infected with rabies.
Any person who shall suspect that any animal in the Town is infected with rabies, shall report the animal to the animal control officer, the Town, or other health authority, describing the animal and giving the name and address of the owner if known.
Whenever the animal control officer, a law enforcement officer or other authorized official shall have determined that there is danger of the existence or spread of rabies in the Town, such facts shall be made known to the Town Board in writing. The Town Board, upon receipt of said facts, may by proclamation, in the interest of public safety and general welfare of the citizenry, order all animals muzzled when off the premises of the owner. Forty-eight (48) hours after the proclamation is issued, all animals found off the premises of the owner un-muzzled shall be seized and impounded or may be immediately destroyed if all reasonable efforts to seize said animal fail. All animals seized and impounded shall be held for observation as hereinbefore provided for, not less than ten (10) days, and if cleared by a licensed veterinarian, may be claimed by the owner upon paying the expenses incidental thereto. Any animal not claimed may be disposed of as hereinbefore provided.
5.0207 Vicious Animals.
A. An animal may be declared to be vicious by the animal control officer, a law enforcement officer or other authorized official, under the following guidelines:
1. An animal which, in a vicious or terrorizing manner approaches in an apparent attitude of attack, or bites, inflicts injury, assaults or otherwise attacks a person or other animal upon the streets, sidewalks, or any public grounds or places; or
2. An animal which, on private property, in a vicious or terrifying manner, approaches in an apparent attitude of attack, or bites, or inflicts injury, or otherwise attacks a mailman, meter reader, serviceman, journeyman, delivery man, an employed person of the Town of Midland, law enforcement official, or any person or animal who is on private property by reason of permission of the owner or occupant of such property or who is on private property by reason of a course of dealing with the owner of such private property.
3. No animal may be declared vicious if the injury or damage is sustained to any person or animal who is committing a willful trespass or other tort upon premises occupied by the owner or keeper of the animal, or who was teasing, tormenting, abusing or assaulting the animal or was committing or attempting to commit a crime.
B. Any mammal, reptile or fowl which is not naturally found in a domestic setting, and because of its size or other characteristic would constitute danger to human life or property is automatically deemed vicious.
C When the animal is declared to be vicious, the Town shall notify the owner of such declaration in writing. Said notice shall be served either in person or by mailing such notice by certified mail. If the owner disagrees with the finding of vicious, he or she may request, in writing a hearing before the Vicious/Dangerous Animal Review Board within 5 business days after receiving the Town’s notification. The Vicious/Dangerous Animal Review Board shall hold a hearing not less than 3 or more than 10 business days after receiving the owner’s written request of such hearing.
D. Vicious/Dangerous Animal Review Board—the Vicious/Dangerous Animal Review Board as established by the town board shall have the authority to review vicious findings and determinations made by the animal control officer, a law enforcement officer or other authorized official. The Board as appointed by the Town Board President shall consist of a town official as head of the board, a licensed veterinarian and a citizen of the Town of Midland. The Vicious Animal Review Board shall make an independent determination of the animal’s dangerousness. The decision may be issued at the hearing, but in any case, shall be issued within 3 business days after the hearing. Such decision shall be in writing and delivered either in person or by certified mail. All costs incurred by the Town involving the Vicious/Dangerous Animal Review Board shall be passed onto the owner of said vicious/dangerous animal.
E. The owner of an animal that has been deemed vicious by the Vicious/Dangerous Animal Review Board shall comply with the following:
1. Register the animal as vicious with the Town and present proof of rabies vaccination within five (5) days of receiving the notice and presenting proof of rabies vaccination on or before March 1st of each and every year thereafter.
2. Whenever the animal is outdoors and attended, the animal shall be muzzled, on a leash no longer than six (6) feet, and under the control of a person over sixteen (16) years of age.
3. When the animal will be outdoors and unattended, the animal must be locked in an escape-proof kennel approved by the Town. Minimum standards shall include the following:
a. Fencing materials shall not have openings with a diameter of more than two (2) inches.
b. Any gates within such pen or structure shall be lockable and of such design to prevent the entry of children or the escape or the animal.
c. The required pen or structure shall have secure sides and a secure top. If the pen or structure has no permanent bottom secured to the sides, the sides shall be imbedded into the ground or concrete.
d. The pen or structure may be required to have double exterior walls to prevent the insertion of fingers, hands or other objects.
4. A universal sign denoting a vicious animal shall be displayed on the kennel or enclosure and on a place visible from the sidewalk or road adjacent to the property where the animal is kept.
5. The owner of the animal shall notify the animal control officer, county law enforcement officer, or Midland Finance Officer of any changes in the following:
a. Ownership of the animal including name, address and telephone number of a new owner.
b. Address changes of the owner or any change in where the animal is housed.
c. Any change in the health status of the animal.
d. Death of the animal.
F. The vicious animal shall be impounded by animal control at the owner’s expense until all provisions of Section D are complied with. If the conditions in Section D are not complied with within ten (10) days after receiving notice, the animal shall be euthanized in a humane manner and proof of euthanasia filed with the Town.
G. If a vicious animal has been running at large, or bites a person or bites another animal, the animal control officer, a law enforcement officer or other authorized official shall seize the animal by using such means as are necessary and summon the owner to appear in court to show cause why this animal shall not be destroyed. If the animal cannot be captured, it may be destroyed.
This section shall not be construed to apply to zoological parks, performing animal exhibitions, or circuses.
5.0208 Cruelty to Animals. No person shall maltreat or abuse or neglect any animal or fowl. Any animal control officer, law enforcement officer or authorized official finding an animal or fowl mistreated as described in this section shall have the power to lawfully enter the premises where the animal is kept and demand to examine such animal and to take possession of such animal, when in his opinion, the animal requires humane treatment.
5.0209 Poisoning Animals. It shall be unlawful for any person to willfully or maliciously administer or cause to be administered, poison of any sort whatsoever to any animal, the property of another, with the intent to injure or destroy such animal, or to willfully or maliciously place any poison or poisoned food where such is accessible to any such animal. (SDCL 9-29-11)
5.0210 Stray, Abandoned, or Unkept Animals. No person shall harbor or keep any stray animals or abandon any animal within the Town. Animals known to be strays shall be immediately reported to the animal control officer, a law enforcement officer or authorized official. (SDCL 9-29-12)
5.0211 Number of Pets Limited. It shall be unlawful for any person to have or to keep more than six domestic pets over the age of six months, except birds and fish, on any lot or premises in the Town, unless such person residing on or in the lot or premises has a valid kennel license issued by the Town. Refer to 5.0201.
5.0301 Discharging Weapon. No person shall discharge any pistol, gun, revolver, or other firearm, or any bow and arrow, or any device capable of firing a projectile either by air or compressed gas or any other means which would likely cause injury to any person, or discharge any dangerous weapon, within the Town limits. Law Enforcement officers in the performance of their duties are exempted. The Town Board may grant exceptions for special events or activities.
CHAPTER 5.04 – MINORS [SDCL Title 26]
5.0401 Curfew Hours and Exceptions. It shall be unlawful for any person under the age of eighteen (18) to be on the streets, alleys, or public grounds of the Town between the hours of 10:00 p.m. and 6:00 a.m. [Sunday – Thursday] and between the hours of 1:00 a.m. and 6:00 a.m. [Friday – Saturday], unless accompanied by the individual’s parents or legal guardian, or unless such person shall be upon some necessary errand by written permission of a parent, guardian, or employer, in which event, the person so permitted to be outdoors shall have with him or her such written permission and shall upon request of any law enforcement officer of the Town exhibit the same to said law enforcement officer. An exception to the curfew will be made in the case of activities officially sponsored by schools, churches, or the Town; the curfew will extend one-half (½) hour beyond the time the activity ends in such cases. (SDCL 9-29-13)
5.0402 Responsibility of Officers. It shall be the duty of any law enforcement officer of the Town to arrest and detain any person who violates any of the provisions of this chapter and to keep such person detained until his or her parents, guardian, or person in control will appear before the police or other authorized personnel to answer to the charge of having violated this Chapter.
5.0403 Responsibility of Parents or Guardians. It shall be unlawful for the parents, guardian or other adult person having the care and custody of a minor under the age of eighteen (18) years to knowingly permit such a minor to be or remain in or upon the public streets, alleys, parks, playgrounds, public grounds, public places, public buildings, public places of amusement and entertainment, vacant lots or other unsupervised public places within the Town between the hours of 12:00 a.m. and 6:00 a.m. of the following day, except if 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 or authorized by his or her parent, guardian or other adult person having the care and custody of the minor.
CHAPTER 5.05 –INDECENCY/PUBLIC NUDITY
5.501 Prohibited Generally. It is a violation of this Chapter for any person to knowingly or intentionally, in a public place:
1. Engage in sexual intercourse; or
2. Engage in deviant sexual conduct; or
3. Appear in a state of nudity; or
4. Fondle the genitals of himself, herself or another person
5.502 Definitions. As used in this Chapter, the following definitions shall apply:
1. Nudity or State of Nudity. The showing of the bare human male or female genitals, anus or pubic area with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of the areola; or the showing of the male genitals in a discernibly turgid state.
2. Public Place. Any location frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public, public places include, but are not limited to streets, sidewalks, parks, beaches, businesses and commercial establishments (whether for profit or not-for-profit) and whether open to the public at large or where entrance is limited by a cover charge or membership requirement, bottle clubs, hotels, motels, restaurants, night clubs, country clubs, cabarets and meeting facilities utilized by any religious, social, fraternal, or similar organizations. Premises used solely as a private residence, whether permanent or temporary in nature, shall not be deemed to be a public place. Public place shall not include movie theaters, enclosed single sex public restrooms, enclosed single sex functional showers, locker and/or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, doctor’s offices, portions of hospital and similar places in which nudity or exposure is necessarily protected therein; nor shall it include a person appearing in a state of nudity in a modeling class operated by: (1) a proprietary school licensed by the State of South Dakota; a college, junior college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation, or an accredited private college.
5.503 Operations. It shall be unlawful for any person or entity maintaining, owning or operating any public place to operate and knowingly, or with reason to know, permit or allow any person to appear nude in such public place or to permit unlawful touching as prohibited by Section 5.504 thereof.
5.504 Physical Contact. It shall be unlawful for any male or female dancer, stripper or performer to engage in physical contact with patrons or customers while dancing or performing, to include but limited to, placing of money in the dancers’ or strippers’ wearing apparel. All such dancers or performers shall be confined to a stage or designated area separate and apart from the seating area for patrons and customers.
5.505 Refuse Admittance. It shall be a violation of this Chapter for any person or entity to refuse admittance without fee to any on duty law enforcement officer at any time when patrons or customers remain in said premises.
5.506 Underage Admittance. No person under twenty-one (21) years of age shall be permitted access to any public place defined herein which shall permit nude dancing, which otherwise complies with the provisions hereof.
5.507 Urinating. No person shall urinate or defecate in any public place other than in facilities provided for that purpose.
5.508 Conduct. The contents of the Chapter shall constitute contemporary community standards as they pertain to public nudity and obscene live conduct.
5.509 Penalty. A violation of this Chapter shall be punishable by a fine of up to Five Hundred dollars ($500.00) or thirty days in jail, or both for each offence.
5.510 Violations. Operation of an establishment in violation of this Chapter shall constitute a public nuisance and in addition to all other remedies provided herein, the Town Attorney may, by civil process, seek permanent abatement of said nuisance.
TITLE 6 – STREETS, SIDEWALKS AND PUBLIC PLACES
Chapter 6.01 – Street Names and Addresses
Chapter 6.02 – Streets, Sidewalks, Curb and Gutter
Chapter 6.03 – Snow Removal
Chapter 6.04 – Moving Buildings
Chapter 6.05 – Municipal Trees
6.0101 Names of Streets and Avenues. The names of all streets and avenues in the Town shall be fixed and adopted in accordance with the official map of the Town on file in the office of the Finance Officer. Other streets shall be named in accordance with guidelines included in the Town subdivision regulations. Any such act of naming, establishing, or vacating any street, alley or other public way in the Town shall be so designated on such map. (SDCL 9-15-2)
6.0102 Numbering Plan. A numbering plan for residences and businesses shall be maintained by the Town Board. A listing of the assigned numbers and a map showing the location of addresses shall be maintained and filed in the Finance Office. The Finance Officer shall be responsible for assigning new numbers and updating the listing of such numbers and the location map. (SDCL 9-45-2)
6.0201 Street Excavations. No person shall make or cause to be made any excavation except as hereafter provided, in or under any street, sidewalk, alley, or public ground or remove any earth, soil, paving, gravel or materials therefrom without first having contacted One Call and having had any underground utilities identified. Application for such approval shall state where such excavation is to be made, the extent thereof, and the purpose of such excavation.
6.0202 Excavation Repairs. Approval for any excavation covered by this Chapter shall be issued only upon the express condition that the applicant shall refill such excavation in accordance with the requirements of the Town, and shall restore the pavement or surfacing, as the case may be, to its former condition. The Town may adopt and amend as necessary such requirements which shall set forth the manner in which various types of excavations shall be backfilled or refilled and the manner in which any street surfacing shall be replaced. Applicant shall be responsible to the Town for any such excavation for a period of two years.
6.203 Excavation Inspections. It shall be the duty of authorized Town personnel to inspect all authorized excavation work at any stage of construction and to ensure compliance with approved requirements. If all backfilling, refilling, or surfacing is not completed in accordance with approved requirements, notice thereof in writing shall be given to the applicant, who shall put the same in proper order within a maximum of ten (10) days. If the applicant fails after such notice to complete all requirements, the Town Board may authorize the necessary repairs and such applicant shall pay the costs thereof.
6.204 Excavation Barriers. Any person receiving approval to make excavations in or upon any street, alley, sidewalk or public ground shall, during the progress and continuance of the work, erect and maintain around the same both day and night suitable guards, fences, flares, and signals so as to prevent injury to persons, animals, or vehicles on account of such excavations. No open trench shall be left open for any more time than considered absolutely necessary or reasonable.
6.0205 Barrier-Free Construction. Whenever any person, firm or corporation makes new installations of sidewalks, curbs or gutters, in both business and residential areas, it shall be required that they install ramps at crosswalks, so as to make the transition from street to sidewalk easily negotiable for handicapped persons in wheelchairs and for blind persons. All such ramps shall be constructed or installed in accordance with design specifications according to the most current American National Standards Specifications published by the American National Standards Institute or according to Americans with Disabilities Act specifications. (SDCL 9-46-1.2)
6.0206 Permission to Deposit Materials. No person shall deposit, place, store, or maintain, upon any public place of the municipality, including street rights-of-way, any dumpster, container, stone, brick, sand, concrete or any other materials. Violation of this section shall constitute a Class 2 Misdemeanor.
6.0301 Duty to Remove. It shall be the duty of the owner, tenant, or person in possession of any property abutting on any sidewalk to keep such sidewalk free from snow and to cause any accumulated snow to be removed within twenty-four (24) hours after the termination of any snowfall, or snow accumulation. 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.
6.0302 Disposal of Snow. It shall be the duty of the property owner, tenant, or person in possession of any public or private driveway, parking lot or parking area to dispose of accumulated snow upon such property in such manner that any snow when removed shall not be deposited upon any sidewalk, within or upon any public street or alley, after such public street or alley has been cleared of snow by grading of such snow away from the curb or picking up and carrying away of such snow by the Town, or in a manner that will obstruct or interfere with the passage or vision of vehicle or pedestrian traffic.
6.0303 Removal Costs Assessed. In the event any owner, tenant, or person in possession of any property shall neglect or fail to or refuse to remove such snow or ice within the time provided, the Town may issue a citation for such violation and may authorize such removal with the costs to be assessed against the abutting property owner. (SDCL 9-30-5)
CHAPTER 6.04 – MOVING/DEMOLISHING BUILDINGS/STRUCTURES
6.0401 Moving Building. No person shall move or demolish any building/structure or part of building/structure into, along or across any public street, alley or ground in the Town of Midland without having first notified the Town of Midland’s Utility Operator to ensure that proper routes and policies are followed. Any repair costs to streets, utilities, and/or any related cleanup costs that are incurred by the town due to a move/demolish of structure shall be billed to the owners of the structure that was moved or demolished.
6.0501 Authority and Jurisdiction. The Town Board shall have the authority to regulate the planting, maintenance, and removal of trees on streets and other publicly owned property to insure the public safety and to preserve the aesthetics of such public sites. The Town Board shall also have the authority to determine the type and kind of trees to be planted upon municipal streets or in parks and may assist in the dissemination of news and information regarding the selection, planting, and maintenance of trees within the corporate limits or within the area over which the Town has jurisdiction, whether the same be on private or public property, and to make recommendations from time to time as to desirable ordinances concerning the tree program and activities for the Town. (SDCL 9-28-2)
Certain species of trees shall not be planted in the street right-of-way for any of the following reasons: high susceptibility to disease, production of large or messy fruit, and growth habit.
6.0502 Duties of Property Owners. It shall be the duty of any person owning or occupying real property bordering on any street to prune or remove such shrubs or trees in such manner so that they do not obstruct or shade street lights, the passage of pedestrians on sidewalks, view of traffic signs, or of any street or alley intersections. It shall also be the duty of such person to prune or remove shrubs or trees located in the street right-of-way adjacent to their property. Removal shall also be required when any such shrubs or trees are diseased, dead, or a prohibited species, or pose a safety hazard or nuisance. The person owning or occupying such real property described above shall be responsible for pruning shrubs and trees, whether on the property owner’s land or in the right-of-way, when the trees or shrubs violate clearance requirements. The minimum clearance of any overhanging portion thereof shall be twelve (12) feet over all streets except truck thoroughfares where the clearances shall be fourteen (14) feet, unless otherwise determined by the Town Board.
6.0503 Removal of Hazards. Where any tree branches or hedges protrude or overhand on any thoroughfare within the Town so as to be determined as in violation with this Chapter or affecting motor vehicle traffic and good maintenance practices, notification shall be given by the Town Board to the property owner to remove such obstructions or undesirable branches or hedges within seventy-two (72) hours. If not completed within such time, the Town Board may take immediate action to have such items removed with all costs assessed to the property owner. (SDCL 9-38-2)
Chapter 7.01 – General Provisions
Chapter 7.02 – Operation of Vehicles
Chapter 7.03 – Vehicle Equipment
Chapter 7.04 – Speed Restrictions
Chapter 7.05 – Parking, Stopping
Chapter 7.06 – Trucks
Chapter 7.07 – Snowmobiles
Chapter 7.08 – Miscellaneous Provisions
7.0101 Duty to Enforce. It shall be the duty of law enforcement officers to enforce these traffic regulations and all state vehicle laws applicable to street traffic in the Town, to make arrests for traffic violations, to investigate accidents and to cooperate with other officials in the administration of these traffic laws. (SDCL 9-29-19)
7.0102 Directing Traffic. Law enforcement officers shall direct traffic in conformance with traffic laws and ordinances provided that in the event of a fire or other emergency, or to expedite traffic or to safeguard pedestrians, Fire Department personnel may direct traffic as conditions may require.
7.0103 Obedience to Enforcement. No person shall refuse or fail to comply with any lawful order, signal or direction of any law enforcement officer, or refuse to submit to any lawful inspection or fail to comply with the provisions or requirements of any warning ticket issued under this Title. (SDCL 9-29-19)
7.0104 Exemptions to Authorized Emergency Vehicles. The provisions of this Title regulating the movement, parking, and standing of vehicles shall not apply to authorized emergency vehicles while the operator of such vehicle is operating the same in an emergency in the necessary performance of public duties. This exemption shall not, however, exempt the driver of any such vehicle from the consequence of a reckless disregard of the safety of others.
7.0105 Application to Workers and Equipment. The provisions of this Title shall not apply to persons, motor vehicles or other equipment while actually engaged in work upon the surface of a street, but shall apply to such persons and vehicles when traveling to or from such work; provided however, such persons and vehicles shall not indiscriminately block traffic, but shall allow reasonable room on the traveled portion of the street for other vehicles to pass.
7.0106 Authority to Install Traffic Control Devices. The Town Board shall place and maintain traffic control signs, signals, and devices when and as required under this Title to make effective the provisions of said Title, and may place and maintain such additional traffic control devices as may be necessary to regulate traffic. (SDCL 32-14-5)
7.0107 Definitions. When in this Title the following terms are used, they shall have the meanings ascribed to them.
A. Authorized Emergency Vehicle. Vehicles of any fire department, police vehicles, and such ambulances and emergency vehicles of municipal department or public service corporations as are designated or authorized by the Town Board.
B. Law Enforcement Officer. Any police officer or other law enforcement personnel approved by the Town Board to enforce the provisions of the ordinances of the Town.
C. Motor Vehicle. Every vehicle, as herein defined, which is self-propelled.
D. Operator. Any person who is in actual physical control of a vehicle.
E. Parking. The standing of a vehicle, whether attended or unattended, upon a roadway or street, other than temporarily for the purpose of and while actually engaged in loading or unloading, or in obedience to traffic regulations, signs or signals.
F. Vehicle. Every device in, upon or by which any person or property is or may be transported or drawn upon a public highway.
7.0108 Obedience to Traffic Control Devices. The operator of any vehicle shall obey the instructions of any official traffic control device applicable thereto placed or held in accordance with the provisions of this Title unless otherwise directed by a law enforcement officer subject to the exceptions granted by law to the driver of any authorized emergency vehicle.
7.0201 Driver’s License Required. It shall be unlawful for any person to drive or operate upon any of the streets or highways within the Town any motor vehicle without first having secured and having in their possession a valid license or permit to do so. (SDCL 32-12-22)
7.0202 License Plates. No person shall operate or drive a motor vehicle within the Town without having conspicuously displayed thereon license plates as required by state law, securely fastened, and which shall be kept free from mud, dirt or other obstruction so that the entire license plate shall be clearly legible by other persons upon the highway.
7.0203 Drive on Right Side of Street. The operator of a vehicle shall drive upon all streets on the right half of the street and shall drive a slow-moving vehicle as closely as possible to the right-hand edge or curb of a street unless it is impractical to do so, and except when overtaking and passing another vehicle, subject to the limitations applicable to overtaking the passing set forth by law. (SDCL 32-26-1)
7.0204 Vehicles Shall Not Be Driven on Sidewalks. The operator of any vehicle except a bicycle shall not operate it within any sidewalk area except at a permanent or temporary driveway. (SDCL 32-26-21.1)
7.0205 Operation of Vehicles on Approach of Authorized Emergency Vehicle. The operator of any vehicle shall, upon the approach of any authorized emergency vehicle or vehicles giving audible signal by lights or siren, immediately drive the same to a position as near as possible and parallel to the right-hand edge or curb of the street, clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle or vehicles shall have passed, unless otherwise directed by a law enforcement officer. (SDCL 32-31-6)
It shall be unlawful for the driver of any vehicle, other than one on official business, to follow (closer that 500 feet) any fire apparatus, or to park any vehicle within the block where such fire apparatus has stopped to answer a fire alarm. It shall be further unlawful for the driver of any vehicle to drive over any unprotected hose of the Fire Department without the consent of authorized personnel. (SDCL 32-31-7)
7.0206 Backing Around Corners or into Intersection Prohibited. It shall be unlawful for the operator of any vehicle to back such vehicle around a corner at an intersection or into an intersection of public streets. (SDCL 32-30-20)
7.0207 Reckless Driving. Any person who drives any vehicle upon a street, avenue, or alley carelessly and heedlessly in disregard of the rights or safety of others, or without due caution, and at a speed or in a manner so as to endanger or be likely to endanger any person or property, shall be guilty of reckless driving. (SDCL 32-24-1)
7.0208 Careless Driving. Any person who drives any vehicle carelessly and without due caution, at a speed or in a manner so as to endanger any person or property, not amounting to reckless driving as defined in the previous Section, shall be guilty of careless driving. (SDCL 32-24-8)
7.0209 Exhibition Driving. Any person who drives any vehicle within the limits of the Town in such a manner that creates or causes unnecessary engine noise, tire squeal, skid or slide upon acceleration or stopping; or that simulates a temporary race, or that causes the vehicle to unnecessarily turn abruptly or away, shall be guilty of exhibition driving. (SDCL 32-24-9)
7.0210 Right-of-Way at Intersections. The right-of-way as between vehicles at intersections is hereby declared as follows: (SDCL 32-26-13)
A. The operator of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has fully entered the intersection.
B. When two vehicles approach an intersection at approximately the same time, the operator of the vehicle at the left shall yield the right-of-way to the vehicle on the right.
C. The operator of any vehicle traveling at an unlawful speed shall forfeit any right-of-way which he or she may otherwise have hereunder.
7.0211 Right-of-Way, Left Turn. The operator of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection, or so close thereto as to constitute an immediate hazard. The operator, having so yielded and having given a signal when and as required, may make such left turn and the operators of all other vehicles approaching the intersection from said opposite direction shall yield the right-of-way to the vehicle making the left turn. (SDCL 32-26-16)
7.0212 Turning Around in Midblock Prohibited. The operator of a vehicle shall not turn such vehicle so as to park in the opposite direction except at an intersection. (SDCL 32-26-25)
7.0213 Action Required at Stop Sign. Except when directed to proceed by a law enforcement officer or traffic control signal, every operator of a vehicle approaching a stop intersection indicated by a stop sign shall come to a full stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersection roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection.
After having stopped, the operator shall yield the right-of-way to any vehicle which has entered or is approaching the intersection from another highway and shall not proceed into the intersection until certain that such intersecting roadway is free from oncoming traffic which may affect safe passage. (SDCL 32-29-2.1)
7.0214 Action Required at Yield Sign. The operator of a vehicle approaching an authorized sign bearing the work “Yield” or “Yield Right-of-Way” shall in obedience to such sign slow down to a speed reasonable for the existing conditions, or shall stop if necessary and shall yield the right-of-way to any pedestrian legally crossing the roadway on which such operator is driving, and to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard. Said operator having so yielded may proceed and the operators of all other vehicles approaching the intersection shall yield to the vehicle so proceeding. (SDCL 32-29-3)
7.0215 Stop Required Before Operator Entering From Alley, Building or Private Road. The operator of a vehicle emerging from an alley, building, private road or driveway within a business or residence district shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across such alley, building entrance, road or driveway, or in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where said operator has a view of approaching traffic thereon. (SDCL 32-29-2.2)
7.0216 Pedestrian’s Right-of-Way. The operator of any vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at the end of the block, and for any school crossing guard displaying a stop signal, except at intersections where the movement of traffic is being regulated by law enforcement officers or traffic control signals. Whenever any vehicle has stopped at a marked crosswalk or at any intersection or for school crossing guards to permit a pedestrian to cross a roadway, it shall be unlawful for the operator of any other vehicle approaching from the rear to overtake and pass such stopped vehicle. (SDCL 32-27-1)
7.0217 Interfering with Snow Removal Equipment. No person shall operate a vehicle within such a distance or follow any municipal, county or state snow plow so as to interfere with the snow removal operations, or in such a manner to cause the snow plow operator to abruptly swerve, steer, stop or divert the snow plow from such snow removal operations.
7.0218 Helmets For Minors Required. It shall be unlawful for anyone, under the age of eighteen (18) to operate or ride upon a motorcycle, except a moped as defined in SDCL 32-20-1, on the public streets or alleys of this Town, unless such person wears a protective helmet of any type approved by the department of public safety.
7.0219 Duty of Motorist to Slow or Stop in Obedience of School Bus Amber or Red Signal. The operator of any motor vehicle driven within the Town, shall, upon meeting or overtaking a school bus, on which amber warning lights are flashing, reduce speed of the vehicle to not more than twenty (20) miles per hour and proceed past the school bus with caution. An operator who meets or overtakes a school bus on which the red signal lights are flashing, shall bring the vehicle to a complete stop not closer than fifteen (15) feet from the school bus and shall remain stopped until the flashing red signal lights are extinguished.
7.0301 Warning Tickets. Any authorized law enforcement officer, upon reasonable belief that a vehicle is being operated in violation of any provision of the Title or applicable state law or is in such unsafe condition as to endanger any person, may require the driver of the vehicle to stop and submit to inspection of the vehicle and its equipment, license plates and registration card, and is hereby authorized to issue a warning ticket to any driver whose vehicle is in such violation.
Such warning ticket shall clearly designate the provisions which are being violated and shall provide for notification to law enforcement officials when such violation is corrected, by the time specified on the warning ticket.
7.0302 Lights Required. A motor vehicle in motion, during the period from half an hour after sunset to half an hour before sunrise, shall display at least two (2) lighted lamps on the front and one (1) on the rear of such motor vehicle, such lamps to conform to the state law; provided that a motorcycle, moped or motor bicycle shall be required to display one (1) lighted lamp in front and one (1) in the rear. Bicycles shall display a lighted front lamp and a reflector or rear lamp that exhibits a yellow or red light.
7.0303 Headlights Dimmed. No person shall use headlights upon any vehicle on any street unless the same are dimmed in such a way as to prevent the light being dazzling or blinding to persons using the streets.
7.0304 Warning Devices. Every motor vehicle operated or driven in the Town shall be provided with an adequate horn or other device for signaling which shall be in good working order at all times such vehicle is operated on the streets of the municipality. (SDCL 32-15-10)
7.0305 Emergency Vehicle Warning Device. Every law enforcement, Fire Department and ambulance vehicle used for emergency calls shall be equipped with lights and siren. It shall be unlawful for any other vehicle to be so equipped.
7.0306 Red and Blue Lights. Except as to law enforcement or Fire Department vehicles, or tow trucks or wreckers operating under such circumstances as may be provided by law, it shall be unlawful for any person to operate a vehicle in the Town with any red or blue light thereon visible from directly in front or to the sides thereof.
7.0307 Brakes. Every motor vehicle shall be provided with foot pedal brakes in good working order and sufficient to control such motor vehicle at all times when same is in use.
7.0308 Mufflers. No person shall operate a motor vehicle on any street within the Town unless such vehicle is equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise or annoying smoke. It shall be unlawful for any person to use a muffler cut-out on any motor vehicle within the Town (SDCL 32-15-17)
7.0309 Projecting Loads. No person shall operate a vehicle upon any street with any load or part of a load projecting more than four (4) feet beyond the rear end or front end, or more than two (2) feet beyond the sides of the body, or carrying part of such vehicle, unless there by attached to the extreme ends and sides of such projecting load a warning sign or signal plainly discernible to other drivers which clearly indicates the projecting parts of such load.
7.0310 Weight and Size of Vehicle and Loads. No person shall operate any motor vehicle upon any street the gross weight of which does not comply with state law.
7.0311 Windshields Must be Unobstructed. It shall be unlawful for any person to drive any motor vehicle upon any street with its windshield or any other window obstructed by any sign, poster, or other not-transparent material other than a certificate or other paper required to be so displayed by law or other temporary driving instruction placed thereon by the manufacturer.
7.0312 Protection of Load. No motor vehicle shall be driven or moved on any street unless such vehicle is so constructed or loaded as to prevent any of its load from dripping, sifting, leaking or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substances may be sprinkled on a roadway in cleaning or maintaining such roadway. No person shall operate on any street any vehicle with any load unless said load and any covering is securely fastened so as to prevent said covering or load from becoming loose, detached or in any manner a hazard to other users of the highway. (SDCL 32-15-18)
7.0401 Establishment of Speed Zones.
A. The Town Board may establish upon any public street limited speed zones which shall constitute the maximum speed at which any person may operate any vehicle.
B. The beginning of such limited speed zones shall be conspicuously indicated by sign stating the speed limit.
7.0402 Speed Limits. Except as may otherwise be provided by the Town Board, it shall be unlawful for any person to operate or drive any vehicle at a rate of speed greater than the following:
A. Fifteen (15) miles per hour within any business district.
B. Fifteen (15) miles per hour on any alley.
C. Twenty (20) miles per hour within any residential district.
D. The appropriate maximum speeds established by state law on all other unmarked streets and highways within the Town.
7.0501 Obstruction of Traffic. No vehicle shall be operated or allowed to remain upon any street under the jurisdiction of the Town in such a manner as to form an unreasonable obstruction to traffic. Whenever any law enforcement officer finds a vehicle which constitutes an obstruction, such officer shall be authorized to provide for the removal of such vehicle by towing, if necessary, at owner’s expense. (SDCL 32-30-1, 2, 3)
7.0502 Parking in Streets During Snow Removal. Whenever there is an accumulation of two (2) inches or more of snow on the streets in Midland, a snow removal emergency shall be declared, and street parking shall be prohibited. Parking on any public street shall be completely prohibited, on both sides and regardless of the directional run of that street, during the existence of a snow removal emergency. The snow removal emergency shall terminate, and parking may resume whenever such street has been cleared of snow completely, until the next snow removal alert is declared. Fines for ticketing vehicles shall be fifty dollars ($50.00) for each day of violation.
7.0503 Towing Vehicles. Any law enforcement official shall be authorized to remove and tow away, or have removed and towed away by any commercial towing service, any vehicle illegally parked in any place where such vehicle creates or constitutes a traffic hazard, blocks the use of a fire hydrant, or obstructs or may obstruct the movement of any emergency vehicle, or in any way is in violation with the provisions of this Title. Vehicles towed away for illegal parking shall be stored in a place designated by the Town Board and shall be restored to the owner or operator of such vehicle upon payment of a fee of twenty-five dollars ($25.00) plus towing charges, within twenty-four (24) hours after the time such car was removed, plus five dollars ($5.00) for each additional twenty-four (24) hours or fraction thereof. (SDCL 32-30-13, 14)
7.0504 Parking Prohibited in Certain Places. It shall be unlawful for the operator of any vehicle to stop, stand, or park in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the directions of a law enforcement officer or traffic control device (SDCL 32-30-6, 6.1, 6.2)
A. In any intersection.
B. In a crosswalk.
C. Within fifteen (15) feet of a fire hydrant.
D. At any place where the vehicle would block the use of a driveway.
E. Within twenty (20) feet of the driveway entrance of the fire/ambulance station.
F. On any sidewalk.
G. At any place where official signs prohibit parking.
H. In any public alley.
I. Inside of curb, on street right-of-way. Area between the back of curb to the property line.
7.0505 General Parking Restrictions. No vehicle shall be parked with the left side of such vehicle next to the curb, except on one-way streets. It shall be unlawful to park any vehicle upon any street for the purpose of displaying it for sale, or to park any vehicle upon any business street from which vehicle merchandise is peddled, unless authorized by the Town Board. Exception: when a larger vehicle parked legally would otherwise block traffic. It shall be unlawful to park any motor vehicle on any private property without the consent of the owner of the property.
7.0506 No Parking Areas. The Town Board shall cause signs to be posted in all areas where parking is limited or prohibited, indicating such limitations or prohibitions, except that yellow curb painting may be used to indicate “No Parking” in certain street areas. (SDCL 9-31-1)
7.0507 Parking and Storage of Certain Vehicles. Automotive vehicles or trailers without current license plates shall not be parked or stored on any public property or right-of-way within the Town.
7.0508 Handicapped Parking Areas. Parking in those areas so designated as handicapped parking areas by signs and pavement striping shall be restricted to those vehicles identified, by window sticker and/or license plate, as being operated by handicapped drivers. It shall be unlawful for any person to park in a handicapped area without such identification on his or her vehicle. (SDCL 32-30-11.1, 11.2, 11.3, 11.4, 11.6)
7.0601 Definitions. For the purpose of this chapter, the terms used in this section shall have the following meanings:
1. Trucks: Any motor vehicle designed or operated for the transportation of property, including a vehicle directly connected to a trailer.
2. Motor Vehicle: All machines propelled by any power other than muscular used upon the streets or highways for the transportation of property.
3. Trailer: A vehicle of the trailer type, without a power unit of its own, designed and used in conjunction with a motor vehicle for the transportation of property.
4. Truck Route: Streets and highways designated as truck routes by the Town Board.
5. Streets: All other streets within the Town which are not designated as truck routes.
7.0602 Truck Routes. The Town Board is hereby authorized to establish within the Town truck routes and the same shall be identified by signs or markings erected and maintained by the Town. The word “truck” shall mean and include truck, trailer and semi-trailer, tractor and farm wagon.
7.0603 Operation of Trucks. Where any truck route has been established and identified, any person operating a truck having a gross weight of five (5) tons or more shall operate it only on such route or routes and not other, except where necessary to traverse another street or streets to a destination for the purpose of loading or unloading commodities or for the purpose of towing a disabled or damaged motor vehicle to or from public or private property, and then only by such deviation from the nearest truck route as is reasonably necessary.
7.0604 Exceptions to Use of Truck Routes. There shall be the following exceptions to the use of truck routes:
A. A truck arriving at the end of a designated truck route may be driven of the most direct course to the nearest truck route which extends in the same general direction.
B. The Town Board shall have the authority, for good cause and upon request, to issue temporary permits for trucks to operate over routes not established as truck routes by the Town or to otherwise deviate from the provisions of this Chapter.
C. The operator of a “Truck” as referred to in Section 7.0601 (except semi-trailers) may deviate from the truck route for the purpose of taking such truck to owner’s personal residence or parking facility, but the truck must be parked on the owner’s real property and not on Town streets or Town property. In this instance the vehicle shall make no more than one trip to and from owner’s personal residence or parking facility per day.
D. The provisions of this Section shall not apply to school buses, emergency vehicles of Fire Department, not to any public utility vehicles where actually engaged in the performance of emergency duties necessary to be performed by said public departments or public utilities, nor to any vehicle owned by or performing work for the Town, the United States of America, or the State or any of its political subdivisions.
7.0605 Parking of Trucks. All freight, stock, and gas and oil transport trucks shall be parked only at such places and in the manner as designated by the Town Board. This Section shall not apply to a light delivery truck delivering goods from house to house and place to place which requires a stop or parking of no more than a few minutes at a time to receive or deliver merchandise.
7.0606 Trucks Standing or Parking in Alleys. Trucks shall not stand or park in any public alley except for the purpose of receiving or delivering property and for no longer time than is necessary to load or unload. Such trucks, when loading or unloading, shall stand or park on the side of the alley. When two or more trucks are thus standing on opposite sides of the same alley the truck last arriving shall be placed in such staggered positions as to leave sufficient space between it and the first truck for the free passage of other vehicles.
7.0607 Fines. The fine for not driving the truck route shall be $200.00 and will be payable to the Town of Midland.
7.0701 Definitions. The following words and phrases, when used in this Chapter, shall have the meanings respectively ascribed to them:
A. Operate. To control the operation of a snowmobile.
B. Owner. Any person, other than a lien holder, having the property in or title to a snowmobile and entitled to the use or possession thereof.
C. Private Property. Any and all real property, or land within the Town which had not been opened or dedicated for public use or as a public thoroughfare.
D. Snowmobile. Any engine-driven vehicle of a type which utilizes sled type runners, wheels, or skis with an endless belt tread of similar means of contact with the surface upon which it is operated.
7.0702 Traffic Laws Applicable. The operator of a snowmobile is required to obey all traffic laws applicable to the operators of vehicles generally, in addition to those herein set forth.
7.0703 Permission of Property Owner Required for Operation. No person shall operate a snowmobile on private property of another without the express permission of the owner or occupant of such property to do so.
7.0704 Operation on Public Ground. No person shall operate a snowmobile on any public property, including, but not limited to public sidewalks, school grounds, parks, parking lots, playgrounds, and recreational areas except public roadways and ditches.
7.0705 Crossing Streets at Right Angles. Persons operating snowmobiles are permitted to cross streets at right angles but only may do so after stopping and yielding the right-of-way to all approaching traffic and crossing as closely as possible to an intersection or approach.
7.0706 Speed. No person shall operate a snowmobile at a speed greater than is reasonable or proper, under all existing circumstances. At a minimum, motor vehicles laws shall be followed at all time.
7.0708 Careless, Reckless or Negligent Operation Prohibited. No person shall operate a snowmobile in a careless, reckless or negligent manner so as to be likely to endanger the person or property of another or to cause injury or damage thereto.
7.0709 Loud Noises Prohibited. No person shall operate a snowmobile in such manner as to create any loud, unnecessary or unusual noise likely to disturb or interfere with the peace and quiet of any other person.
7.0710 Emergency Use.
A. The Town Board may declare that road or weather conditions are such as to constitute emergency travel conditions authorizing use of snowmobiles.
B. A snowmobile may also be used when such vehicle is necessary as an emergency vehicle to protect the health, safety and welfare of any individual.
C. The operator of a snowmobile under emergency conditions shall be subject to all existing traffic ordinances of the Town and traffic laws of the State.
7.0711 Equipment Required. All snowmobiles operated in the Town shall have the following equipment:
A. Mufflers which are properly attached and which reduce the noise of operations of the vehicle to the minimum noise necessary for operating the vehicle, and no person shall use a muffler cut-out, 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 belt.
D. At least one (1) headlight and one (1) tail light in good working condition.
E. A red flag or cloth not less than twelve (12) inches square and hung or suspended five (5) feet above the ground level so that the entire area thereof is visible from all directions while on any roadway, street or alley.
7.0712 Towing. No person operating a snowmobile shall tow any person or object behind such snowmobile except when such person or object is situated upon a conveyance which is attached to such snowmobile by means of a rigid hitch or tow bar.
7.0713 Exceptions. Not withstanding the provisions of any other Section, any governmental official in charge of public school ground, park property, playgrounds, or parking lots shall have authority to supervise and regulate events or programs conducted thereon or to designate areas under his charge and supervision as recreational areas that he shall deem available for use of snowmobiles, and the hours of such use.
7.0801 Clinging to Moving Vehicles. No person traveling upon any bicycle, motorcycle, coaster, sled, roller skates, or any other toy vehicle shall cling to or attach himself or such vehicle to any other moving vehicle upon any street.
7.0802 Riding on Outside of Vehicle. No person shall ride on any vehicle, upon any portion thereof not designated or intended for the use of passengers. This provision shall not apply to persons riding within truck bodies in space intended for merchandise.
7.0803 Tampering with Vehicles. It shall be unlawful for any person to tamper with the motor vehicle of another, with intent to injure the same or cause inconvenience to the owner thereof, or to operate the motor vehicle of another without the consent of the owner or person lawfully in charge thereof.
7.0804 Immediate Notice of Accident. The operator of a vehicle involved in an accident resulting in injury to or death of any person, or resulting in any property damage, shall immediately by the quickest means of communication give notice of such accident to a law enforcement officer.
7.0805 When Driver Unable to Report. An accident report shall not be required from any person who is physically incapable of making such report during the period of incapacity. Whenever the operator of a vehicle is physically incapable of making such report or is physically incapable of giving an immediate notice of an accident and there is another occupant in the vehicle at the time of the accident capable of doing so, such occupant in the vehicle at the time of the accident shall cause to be given the notice not given by the operator.
7.0806 Duty to Give Information, Render Aid. The operator of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give his name, address and if applicable, the license number of the vehicle he is driving and his operator’s or chauffeur’s license to the person struck or to the driver or occupant of or to person attending any vehicle with which the operator collides.
7.0807 Personal Injury. The operator of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to and remain at the scene of the accident until fulfilling the requirements of Section 7.0806. (SDCL 32-34-7)
7.0808 Property Damage. The operator of any vehicle involved in an accident, resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible and shall forthwith return to and remain at the scene of such accident until fulfilling the requirements of Section 7.0806. Every such stop shall be made without obstructing traffic more than necessary.
7.0809 Unattended Vehicle, Property. The operator of any vehicle which collides with any other vehicle or property which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver and shall attach securely in a conspicuous place in or on the vehicle struck a written notice giving the operator’s name and address and a statement of the circumstances thereof. In addition, the operator shall without unnecessary delay notify a law enforcement officer of such accident. (SDCL 32-34-4)
7.0810 Duty Upon Striking Fixtures. The operator of any vehicle involved in an accident resulting in only damage to fixtures of other property legally upon or adjacent to a street shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of the operator’s name and address, the registration number of the vehicle operator and shall upon request and if available exhibit his or her operator’s license and shall make report of such accident when and as required by Section 7.0808.
7.0811 Manner of Arrest. Except in cases of driving while intoxicated or under the influence of intoxicating liquor or any stupefying or exhilarating drug and except in the more serious and aggravated cases of speeding or careless and reckless driving and except when reasonably necessary to secure appearance, a person arrested in the regular manner but may first be given an opportunity after notice to appear voluntarily to answer for such traffic violation.
7.0812 Notice to Appear. A person charged with violation of this Title by notice shall be given notice to appear before a court of competent jurisdiction at the time or within the time stated in such notice, and that in event of failure to do so a warrant will be issued for his arrest.
The notice shall state the name, description and address of the offender, if known, the nature and date of the offence and a description of the vehicle involved in the violation by trade name and license number. The notice shall be signed by the law enforcement officer executing it.
The notice shall be made in triplicate, one copy to be given to the owner or driver charged with the offense or to be left in or upon the automobile or vehicle involved in the violation, one copy to be filed with the law enforcement officer and one copy to be filed with the court.
The person charged with the offense, if available, shall be given an opportunity to sign an agreement to appear to answer the charge at the time and place specified in the notice which form of agreement shall be a part of the notice, and if he shall refuse to sigh such agreement, then he shall be placed under arrest for the offence in the manner otherwise provided by law.
7.0813 Appearance and Deposit for Fine. A person who has received a notice of traffic violation shall at or within the time specified in such notice, appear before court of competent jurisdiction to answer to the charge set forth therein according to the procedure of that court.
In cases of non-moving violations, and cases of failure to stop at a stop street, sign or signal which are not serious and aggravated cases, the person charged shall appear at the office of the Clerk of Courts and upon making the deposit for fine as authorized by the court and a statement authorizing the Clerk of Courts to enter his plea of guilty to the offense he shall be required to appear in court.
7.0814 Arrest on Failure to Appear. Anyone who fails to appear in response to a notice of traffic violation, shall be subject to arrest in the manner otherwise provided by law.
TITLE 8 – UTILITIES
Chapter 8.01 – Wastewater
Chapter 8.02 - Waterworks “Potable”
Chapter 8.03 – Hot Water - Heating System
CHAPTER 8.01 – WASTEWATER
A. “Biochemical Oxygen Demand (BOD)” – The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees Centigrade, expressed in milligrams per liter.
B. “Building Drain” – That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall.
C. “Building Sewer” – The extension from the building drain to the public sewer or other place of disposal, also called house connection.
D. “Combined Sewer” – A sewer intended to receive wastewater and storm or surface water.
E. “Easement” – An acquired legal right for the specific use of land owned by others.
F. “Floatable 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 oil if it is properly pretreated and the wastewater does not interfere with the collection system.
G. “Garbage” – the animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.
H. “Industrial Waste” – The wastewater from industrial processes, trade or business as distinct from domestic or sanitary wastes.
I. “Natural Outlet” – Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or ground water.
J. “pH” – The logarithm of the reciprocal of the hydrogen-ion concentration.
The concentration is the weight of hydrogen ions, in grams, per liter of solution. Neutral water, for example, has a pH value of 7 and a hydrogen ion concentration of 10-7.
K. “Properly Shredded Garbage” – The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than ½ inch (1.27 centimeters) in any dimension.
L. “Public Sewer” – A common sewer controlled by a governmental agency or pubic utility.
M. “Sanitary Sewer” – 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.
N. “Sewage” – The spent water of a community. The preferred term is “wastewater”.
O. “Sewer” – A pipe or conduit that carries wastewater or drainage water.
P. “Slug” – 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 (5) 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.
Q. “Storm Drain” (sometimes called “Storm Sewer”) – A drain or sewer for conveying water, groundwater, subsurface water or unpolluted water from any source.
R. “Superintendent” – The superintendent of all wastewater facilities of the Town or his authorized deputy, agent or representative.
S. “Suspended Solids” – Total suspended matter that either floats on the surface of, or is in suspension in water, wastewater, or other liquids, and that is memorable by laboratory filtering as prescribed in “Standard Methods for the Examination of Water and Wastewater” and referred to as non-filterable residue.
T. “Unpolluted Water” – Water of quality equal to or better than the effluent criteria in effect of 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.
U. “User” – All residential and non-residential users including all households, apartment dwellers, housing units, industrial and commercial establishments. This term is not to include residents of a nursing home.
V. “Wastewater” – The spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with any groundwater, surface water and storm water that may be present.
W. “Wastewater Facilities” – The structures, equipment and processes required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent.
X. “Wastewater treatment works” shall mean 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”.
Y. “Watercourse” shall mean a natural or artificial channel for the passage of water either continuously or intermittently.
8.0102 Use of Public Sewers Required.
A. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the Town, or in any area under its jurisdiction, any human or animal excrement, garbage, or other objectionable waste.
B. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater.
C. The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the Town 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, is hereby 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 ordinance, within sixty (60) days after date of official notice to do so, provided that said public sewer is within four hundred (400) feet of the property line.
8.0103 Private Wastewater Disposal.
A. Where a public sanitary or combined sewer is not available under the provisions of 8.0101 (D), the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this article.
B. Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permission issued by the Town Board. A private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Town Board. The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Town and the Department of Environmental and Natural Resources, State of South Dakota. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the Town. No connection from any private sewage disposal system shall be made with any public sanitary sewer under jurisdiction of the Town.
C. At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in 8.0102 (C), a direct connection shall be made to the public sewer within sixty (60) days in compliance with this ordinance, and any private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.
D. No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the health officer.
8.0104 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 thereof without first obtaining written permission from the Utilities Operator.
B. All costs and expense incidental to the installation and connection of the building sewer shall be borne the owner. The owner shall indemnify the Town from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
C. 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 Town does not and will not assume any obligations or responsibility for damage caused by or resulting from any such single connection aforementioned.
D. Existing building sewers may be used in connection with new buildings only when they are found, on examination and test by the Utilities Operator, to meet all requirements of this ordinance.
E. Whenever possible, the sewer shall be brought to the structure at an elevation below the basement floor. In all buildings in which any building drain is too low to permit a 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.
F. No person(s) shall make connection of roof down spouts, foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the Utilities Operator for purposes of disposal of polluted surface drainage.
G. 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 Town. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the Utilities Operator before installation.
H. The applicant for the building sewer shall notify the Utilities Operator 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 Utilities Operator or his representative.
I. All excavations for building sewer installation shall be adequately guarded with barricades and lights to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of work shall be restored in a manner satisfactory to the Town and at no cost to the Town.
8.0105 Use of the Public Sewers.
A. Storm water other than that exempted herein 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 Utilities Operator and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval of the Utilities Operator, to a storm sewer, combined sewer, or natural outlet approved by the Utilities Operator to a storm sewer, combined sewer, or natural outlet. No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters to any sanitary sewer.
It shall be unlawful to discharge to any natural outlet within the Town, or in any area under the jurisdiction of said Town, any sanitary sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Title.
B. No person shall discharge or cause to be discharged any of the following water or wastes into 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 for the wastewater treatment plant.
3. Any waters or wastes having a pH lower the (5.5), or having any corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the waste water 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, paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
5. The use of the sewer system of the Town, for the disposal of crude oil, refined oil, or any and all other petroleum products, shall be prohibited.
Grease, oil, and sand interceptors shall be provided when, in the opinion of the Town Board, they are necessary for the proper handling of wastes. Where installed, such interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times.
Any user discovered to have discharged any toxic pollutants into public sewer facilities, in addition to other penalties as provided by ordinance and law, shall be responsible for all costs associated with treating or otherwise disposing of such pollutants.
C. The disposal by any and all persons of garbage, cans, washers, filters and other foreign debris into the sanitary sewer system of the Town shall also be prohibited.
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 health, public property, or constitute a nuisance. The Town Board may set limitations lower than those established in the regulations below if in their opinion more severe limitations are necessary to meet the above objectives.
In determining acceptability, the Town Board will give consideration to such factors as the quantity of subject water in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant, and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not be violated without approval of the Superintendent are as follows:
1. Wastewater having a temperature higher than 150° Fahrenheit (65° Celsius).
2. Wastewater containing more than 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 (see 8.0101 (K)). Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates form the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.
5. Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances such that as received in the composite wastewater at the wastewater treatment works, it exceeds the limits established by the Town Board for such materials.
6. Any waters or wastes containing odor-producing substances exceeding limits which may be established by the Town Board.
7. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Town Board in compliance with applicable state or federal regulations.
8. Quantities of flow, concentrations, or both which constitute a “slug” as defined herein.
9. 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 of discharge to the receiving waters.
10. Any waters or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes.
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 8.0105 (D), and which in the judgment of the Town Board, 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 Town Board 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 8.0105 (I) of this article.
When considering the above alternative the Town Board shall give consideration to the economic impact of each alternative on the discharger. If the Town Board 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 Town Board.
Where pretreatment or flow-equalizing facilities are provided or required for any waters or wastes, they shall be maintained in satisfactory and effective operation by the owner at his expense.
F. When required by the Town Board, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure together with such necessary meters and other appurtenances to facilitate observation, sampling, and measurement of the wastes. Such structure shall be accessible and safely located, and shall be constructed in accordance with plans approved by the Town Board. The structure shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.
G. The Utilities Operator may require a user of sewer services to provide information needed to determine compliance with this ordinance. This information may include:
1. Wastewater discharge peak rate and volume over a specified time period.
2. Chemical analyses of wastewaters.
3. Raw materials, processes, and products affecting wastewater volume and quality
4. Quantity and disposition of specific materials important to sewer use control.
5. A plot plan showing sewer and pretreatment facility locations on the user’s property.
6. Details of wastewater pretreatment facilities.
7. Details of systems to prevent and control spills of materials into the municipal sewer.
H. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this ordinance 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, locations, times, durations, and frequencies are to be determined on an individual basis subject to approval by the Utilities Operator.
I. No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the Town and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Town for treatment.
8.0106 Prohibited Acts. No person(s) shall willfully or negligently damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is a part of the wastewater facilities.
8.0107 Powers and Authority of Inspectors.
A. The Utilities Operator and other duly authorized employees of the Town 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 ordinance.
B. The Utilities Operator 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 necessary work on private properties referred to in 8.0107 (A) above, the Utilities Operator or duly authorized employees of the Town 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 Town employees, and the Town shall indemnify the company against loss or damage to its property by Town employees and damages 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 8.0105 (F).
D. The Utilities Operator and other duly authorized employees of the Town bearing proper credentials and identification shall be permitted to enter all private properties through which the Town 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 said easement. Entry and all subsequent work shall be in accordance with the terms of the easement pertaining to the privet property involved.
8.0108 Proper Design and Construction of New Sewers and Connections. The size, slope, alignment, materials of construction of all sanitary sewers and sewer connections, and methods to be used in excavating, placing of pipe, jointing, testing, and backfilling the trench shall all conform to the requirements of the Uniform Building Code or other applicable rules and regulations of the Town and the State of South Dakota.
All sanitary sewer shall be cast iron soil pipe, ASTM specification (A74-42) or equal, vitrified clay sewer pipe, ASTM specification (C13-441) or equal; PVC; or other suitable material approved by the Town Board.
Additional requirements may be provided when any part of a building sewer is located near a water service pipe, or where the sewer is exposed to damage by tree roots or unstable ground.
The size and slope of sanitary sewer shall be subject to the approval of the Town Board, but in no event shall the diameter be less than four (4) inches. The slope of such pipe shall be not less than one eighth inch per foot.
Whenever possible, the sewer shall be brought to the building at an elevation below the basement floor. No sewer shall be laid parallel to or within three (3) feet of any bearing wall, which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The sewer shall be laid at uniform grade and in straight alignment in so far as possible. Changes in direction shall be made only with properly curved pipe and fittings.
The connection into the public sewer shall be made under the supervision of the Utilities Operator.
8.0109 Disconnection. When a disconnection from the sanitary sewer is made, the sewer service shall be closed to the satisfaction of the Utilities Operator. Closure shall be at the curb line on residential property and at the property line of commercial property.
8.0110 Hookups. Each private citizen or public entity shall pay all charges associated with a sewer hookup and no amount of sewer hookup cost shall be borne by the Town.
8.0111 Fee for Hookup.
A. New Accounts with no existing sewer connection: The owner of any building newly constructed or moved on a lot, which is to be served by sewer within the Town of Midland, shall pay a connection fee of $50.00.
B. Initial hookup fees when sewer connection exists: The owner of any building constructed or moved on to a lot with an existing sewer connection within the Town of Midland shall pay $25.00 for initial sewer hookup.
C. Transfer Accounts: The new owner of any building on a lot where sewer connections are in place within the Town of Midland shall pay a transfer fee of $25.00.
8.0112 Renter Deposit. A deposit will be required prior to availability of service for all rental property. The amount of deposit shall be $75.00 made as a water deposit. The deposit will be returned when the sewer user pays the account in full. If payment is not made, the deposit will be applied toward the account balance. In the event an occupant does not pay sewer bills, the landowner is required and will be held responsible to pay any unpaid sewer bills.
8.0113 Sewer User Charge. Each sewer customer shall pay a minimum monthly fee of seven ($7) dollars used per month. At its discretion, the Town Board may from time to time amend these user charges by resolution. The monthly sewer user charged shall be paid each month by the user at the same time as the water use charges.
8.0114 Separate Fund. The Town Finance Officer is hereby directed to maintain a separate fund for the collection and accounting of the sewer use charge in accordance with generally accepted accounting practices.
CHAPTER 8.02 – WATERWORKS “POTABLE”
8.0201 Water User. “Users of water” shall mean the owner or occupant of each individual residential or commercial premise, including, but not limited to, the owner or occupant of each apartment in a multiple family dwelling and of each mobile home in a mobile home park, but exclusive of hotel and motel facilities.
8.0202 Application for Service. Any person, corporation or firm desiring the use of water from the Town of Midland shall make application to the Finance Officer on a form to be supplied by the Town of Midland. The application shall be signed by the applicants, and shall contain, among other information requested, the purpose for which the water is desired, a description and address of the premises to which the water is to service, the name of the owner of said property, and if the applicant is not the owner, then the written consent of the owner shall accompany such application. Any person who shall turn on the supply of water to a service pipe from which the same has been turned-off by the Town of Midland due to non-payment of water charges or for any other reason, without having first obtained permission to do so from the proper Town officials, shall be subject to a fine of not less than $200.00. A deposit fee shall be required before service is provided—refer to Section 8.0207. Any individual/business connecting to the municipal water supply, will also be required to utilize municipal wastewater and garbage services. In extenuating circumstances wastewater services may be waived if the municipality is not able to provide said service without incurring excessive expense.
8.0203 Expense of Taps. All taps to the water mains and the renewal of service pipes shall be under the direction of the Board of Trustees/Town Board. The Town of Midland shall furnish shut-off and pipe to the curb line from the main.
8.0204 Water Pipes. All corporations, stop and water cocks, goose necks, and all service and stop boxes shall be of the kind and pattern prescribed by the Town Board. All service pipes must be laid as much below the surface of the ground as the main pipes in the street, and in all cases, protected so as to prevent rupture from freezing. All service pipes leading from the main to any premises, or pipes leading from such service pipes to any part of the premises shall be ¾ inch pipe equal to state standards. Before any pipes are connected to the Town mains, or attached to any service pipes leading to any part of the premises where the water is to be used, said shall be inspected by the authorized employee (Utilities Operator) of the Town of Midland, and said person shall have the absolute right to refuse to allow any such pipes to be connected if deemed unfit.
8.0205 Liability. All persons, businesses, etc. using water from the Town of Midland’s water works system for any purpose shall do so at their own risk and the Town of Midland will not, nor will the Board of Trustees, Finance Officer, Utilities Operator or other person in charge of the waterworks system, in any case, shall be liable or responsible for damages growing out of the overflow or stoppage of water, or any insufficient supply of the same.
8.0206 Water Rates/Policies.
Monthly Water Rates are based on metered usage.
Current rates in effect for the following users:
Inside municipal boundaries--$12/month/connection for 2,000 gallons, plus $2.50 for each additional 1,000 gallons
Outside municipal boundaries--$16/month/connect for 2,000 gallons, plus $2.50 for each additional 1,000 gallons
Water meters shall be read by the Town of Midland between the 10th and 15th of each month and payment of said utility bills become due on the 1st day of the following month. All accounts not paid within (30) days after due shall be deem delinquent. Upon delinquency, the Midland Finance Officer shall send written notice to the user that water service will be terminated after five (5) days unless the balance shall have been paid in full. A late fee of $10 shall also be imposed. In the event water service it terminated for non-payment, such service shall not be restored until the delinquent amount with late fee shall have been paid in full, plus a $25 fee to cover the cost of disconnect and reconnect to restore water serve.
Seasonal Disconnect/Reconnect Fees – There shall be a $25 fee imposed to cover the cost of seasonal based disconnect and reconnect services.
At its discretion, the Town Board may from time to time amend these user charges by resolution.
8.0207 Water User Deposit. All new users of water and reconnect users whose services were terminated because of delinquency shall deposit a sum of $75 with the Finance Officer which shall be considered a deposit.
Upon termination of water service to a water user and all utility bills (water, wastewater and garbage) have been paid, the Finance Officer shall refund the deposit to the water user within thirty (30) days following termination of service. If at the time of the termination of service said water use is indebted to the Town for unpaid utility bills, the Finance Office may withhold such amount from the deposit and tender the balance, if any, to the terminated water user. If the water service is terminated because of delinquent account, in additions to the requirements of Section 8.0206, said water user shall be required to deposit funds to restore the full $75 deposit.
8.0208 Water Meter Policy. Any person, user, and/or business who tampers with, bypasses, or otherwise causes a false or inaccurate reading of a water meter, or who interferes with or refuses access to the Town of Midland employee to said property for the purpose of inspecting or reading the water meter, shall be subject to the immediate termination of water service, and further, shall be subject to a fine of up to $500.
CHAPTER 8.03 – HOT WATER-HEATING SYSTEM
8.0301 General. The Town of Midland owns a well, which is capable of providing naturally heated water to residences and businesses of the Town of Midland, and the existing well has an excess capacity which is not being utilized. Therefore, as long as the present existing well is operational the Town of Midland will operate and maintain a system for providing heated non-potable water to customers, provided the state allows a municipality to operate such a system. The following conditions are applicable to the system.
8.0302 Operate and Maintain. The Town of Midland will operate and oversee the maintenance of mains for a heated water system to serve residential and business customers located within the municipal boundaries of the Town of Midland under certain specified contractual terms and conditions. If the existing well experiences problems or requires the expenditure of costs to maintain or repair, the Town would be authorized to immediately terminate heated water contracts and to discontinue services pursuant to the terms of the customer contracts and without liability to the Town of Midland. Service to customers outside the municipal boundaries will be reviewed on a case by case basis.
8.0303 Application. All customer requesting hot water services from the Town of Midland must make application in person to the Town of Midland. Hot water utilities will not be furnished to a customer until an application is signed, a water pipe line installed and inspected, and the appropriate deposit and maintenance fees are deposited to and received by the Town of Midland. “Proper Application: shall mean an application and contract furnished by the Town of Midland with all appropriate questions answered and signed by the customer requesting heated water service.
8.0304 Fees. All customers requesting heated water services from the Town of Midland are required to make a connection deposit in the amount of $150, with said deposit to be returned upon termination of their service and completion of an inspection to determine that no damage has occurred or that any service fees remain unpaid which will be deducted from said connection fee before returned. A service fee of $150 per year, for the first three years, then a service fee of $300 per year thereafter is due upon installation of the necessary connecting lines and access to the hot water. On an annual basis, a like amount will be assessed for continued service to said customer. Where more than one (1) building or residence is served, each customer will be charged and additional service fee of ½ of the above amount per connection. The Town Board of Midland has the authority to adjust the service fee or required deposit at its discretion provided each customer has thirty (30) days advance notice.
If the annual hot water fee is not paid by the 15th of January of the year service is to be provided, service to that customer may be terminated, or at the discretion of the Town Board a thirty day (30) grace period may be granted, however, a 5% later penalty will also be charged.
If a customer’s service is disconnected because of non-payment of fees or violation of any contractual provision, a reconnect fee of $150, plus payment in full on any past due bills or expenses incurred by the Town that are the responsibility of the user are required in order for the customer to be reconnected to the hot water system.
8.0305 Installation. Once a proper application for services has been signed, each hot water customer shall be required to pay for all materials and installation costs in connecting their structure(s) to the Town’s main line. Each such customer shall be responsible for contacting other utilities and for obtaining written permission to install the line where the line crosses private property. The plan for installing such line shall be submitted to and approved by the Midland Town Board. An inspection shall be conducted by the Town of Midland of the line prior to beginning hot water service to such customer. Each customer will be responsible for installing lines in a manner as not to cause an unsightly appearance and any damage done in installation shall be immediately repaired to the satisfaction of the Town Board. Maintenance of the individual service line considered shall be the responsibility of the hot water consumer. In lieu of water meters, water usage will be measured at each discharge site. Violation of any contractual provision shall subject the customer to a termination of their services.
8.0306 Loop System. Where a loop system is installed by more than one customer on a line, each customer must have a bypass valve to allow water to flow freely, so that it will not interrupt service to others on the line in the event there is a problem with one customer’s system. No customer shall restrict the flow or cause undue back pressure which could damage other lines. In such a loop system, the cost of maintaining such a line shall be shared equally amongst the users on the loop.
8.0307 Hold Harmless. Users of the hot water agree to indemnify and hold the Town of Midland harmless from any and all claims, causes of action, damages, attorney fees, and costs of other expenses caused by the delivery or non-delivery of the water to their premises. Each such customer must contractually agree that services may be terminated at any time because of the well breakdown, system failure, or for any other reason as determined at the sole discretion of the Town. If service is terminated because of a system failure, or for any other reason which is not the fault of the customer, a prorata share of the remaining annual service fee shall be returned to the said customer.
Chapter 9.01 – Municipal Sales and Service Tax and Use Tax
9.0101 Purpose. The purpose of this Chapter is to provide additional needed revenue for the Town 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.
9.0102 Effective Date. From and after the first day of January, 2006 there is hereby imposed as a municipal retail occupational sales and service tax upon the privilege of engaging in business a tax measured by Two Percent (2%) on the gross receipts of all persons engaged in business within the jurisdiction of the Town of Midland, Haakon County, South Dakota, who are subject to the South Dakota Retail Occupational Sales and Service Tax, SDCL 10-45 and acts amendatory thereto.
9.0103 Use Tax. In addition there is hereby imposed an excise tax on the privilege of use, storage and consumption within the jurisdiction of the Town of Midland of tangible personal property or services purchased from and after the first day 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.
9.0104 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 of the State of South Dakota shall lawfully prescribe.
9.0105 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.
9.0106 Penalty. Any person failing or refusing to make reports on payments by this Chapter and the rules and regulations relating to the ascertainment and collection of the tax herein levied shall be guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars ($500.00) or imprisoned for thirty (30) days or both such fine and imprisonment or any such punishment as allowed by SDCL. In addition, all such collection remedies authorized by SDCL 10-45, and acts amendatory thereto, and SDCL 10-46, and acts amendatory thereto are hereby authorized for the collection of these excise taxes by the Department of Revenue and Regulation.
9.0107 Separability. If any provision of this Chapter is declared unconstitutional or the application thereof to any person or circumstances held invalid the constitutionality of the remainder of the ordinance and applicability thereof to other persons or circumstances shall not be affected thereby.
Chapter 10.01 – Penalties and Repealing Clause
10.0101 Penalty in General. Except in cases where a different or additional penalty is imposed by this ordinance or by some existing provisions of law, every violation of any of the provisions of this ordinance shall be punishable as a Class 2 Misdemeanor under South Dakota statures, and shall be subject to the maximum fines and imprisonment provided for Class 2 misdemeanor violations.
10.0102 Conflicting Ordinances Repealed. All ordinances and parts of ordinances in conflict with the provisions of this ordinance, or relating to the subject matter of this ordinance and not re-enacted as part of this ordinance, are hereby repealed; special ordinances, appropriation ordinances, levying ordinances for the issuance of bonds, or other special ordinances of like character, nor shall this ordinance repeal or modify the provisions of any ordinance heretofore adopted by the Town unless provisions of this ordinance in effect, either modify, repeal or amend such ordinances.
10.0103 Unconstitutionality. Should any Section, Sub-section, paragraph, sentence, clause or phrase of this ordinance be declared unconstitutional or invalid for any reason the remainder of this ordinance shall not be affected thereby.
10.0104 Publication and Effect. The ordinance shall take effect upon its adoption and publication of the notice of such adoption as provided by SDCL 9-19-17.