Gerald L. Rix, Mayor

Bill Brotherton

Merle Harder

David McGannon

Gary Heitmann

Deanna Hendrickson

Steve Gibbs

Drew Johnson - City Attorney

Anita Lowary - Finance Officer

An Ordinance entitled "An Ordinance In Revision of the General Code and Zoning Ordinances of the City of Groton, South Dakota."

BE IT ORDAINED BY THE City of Groton that this Ordinance in Revision of the Ordinances of the City of Groton, South Dakota, is hereby read, approved, and adopted as follows:

________________________________

Gerald L. Rix, Mayor

Attest:

_____________________________

Anita Lowary, Finance Officer

Chapter 1-1 Appointive Officers

Chapter 1-2 Mayor & City Council

Chapter 1-3 Financial Regulations

Chapter 1-4 Police Department

Chapter 1-5 Municipal Sales Tax

1-1-1 Appointive Officers, Method of Appointment. All appointive officers shall be appointed by the mayor with the majority vote of the city council at the first regular meeting in May, and shall hold office until their successor shall be appointed and qualified.

1-1-2 Appointive Officers, Salaries, Bonds. The following offices or positions of the city, as hereinafter created, are continued, and the amounts of salaries to and bonds to be furnished by them shall be fixed by resolution of the city council and shall be adjusted as deemed necessary by resolution of the city council of the City of Groton and said amounts shall be on file at the office of the finance officer: attorney, chief of police, finance officer, and such other officers as may be prescribed by ordinance or state statute.

The salaries of such designated officers or employees shall be paid biweekly except that of the police and city finance officer who shall be paid semi-monthly and that of the city attorney shall be paid an hourly rate on a monthly basis.

1-1-3 Employees Other Than Appointive. In addition to appointive officers, the mayor with the majority vote of the city council shall hire such other personnel, professional and otherwise, required and necessary for municipal purposes. The compensation of such employees shall be fixed by resolution at anytime regardless of the time when any city employee may have been hired.

1-1-4 Personnel Policies. Vacation, sick leave, and other employment policies in effect are on file in the office of the city finance officer.

1-2-1 Regular Meetings. The regular monthly meetings of the city council shall be held at City Hall on the first Monday of each month at 7:00 p.m. and on the third Monday of each month at 7:00 p.m. except when Monday is a legal holiday, and in that case the meeting shall be held on another specified date. Meetings may be held on other specific dates as set by the mayor with the majority vote of the city council.

1-2-2 Special Meetings. Special meetings of the city council may be held at any time on call of the mayor, or in case of absence or inability to act, then by the president of the council; or if the mayor and president of the council refuse to act, then by four (4) of the aldermen.

It shall be the duty of the finance officer to contact the aldermen before the time specified for such meetings, and this may be done by telephone.

1-2-3 Adjournment of Meetings. Any regular or special meeting may be adjourned to meet at a later date to be fixed at the time of adjournment.

1-2-4 City Council. The city council of the City of Groton shall consist of a mayor and two (2) aldermen elected from and by electors of each ward of the city. The mayor and city council shall have such authority and perform such duties as are prescribed by the statutes of the State of South Dakota and city ordinances of the City of Groton.

1-2-5 City Attorney. The city attorney shall attend council meetings and such other meetings as requested by the mayor, draw ordinances and other documents which the mayor or the city council shall direct. The city attorney shall offer professional legal advice on matters brought before the city council.

From time to time, the city attorney may be called upon to render extraordinary services to the City of Groton. This shall include but not be limited to representation of the City of Groton in courts or administrative hearings, providing legal services concerning major improvements or construction being done by the City of Groton, and any other task which takes an amount of time beyond the scope of his normal duties.

1-2-6 Committees. The mayor may appoint such committees of the members of the city council as he deems desirable to accomplish an efficient division of the work and duties to be performed by the council.

1-2-7 Boards and Commissions. The city council shall have the authority to create such boards and commissions as are allowed under the statutes of the State of South Dakota as it may consider necessary and desirable and shall make such bylaws, rules, and regulations as are necessary for the orderly transaction and conduct of its business of which a record shall be placed on file in the office of the city finance officer.

1-2-8 Salaries of Mayor, Council and Board or Commission Members. The salaries of the mayor and city council members shall be fixed by resolution and said amounts shall be placed on file in the office of the city finance officer. Compensation for board or commission members shall be fixed by resolution which shall be placed on file in the office of the city finance officer.

1-2-9 Restrictions on Lobbying. No Federal appropriated funds will be paid by, or on behalf of the City of Groton, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal contract, grant, loan, or cooperative agreement, the City shall complete and submit Standard Form-LLL, “Disclosure Form To Report Lobbying”, in accordance with its instructions.

1-3-1 Salaries. The salaries of the various officers shall be paid from such funds as may be from time to time designated by resolution of the city council.

1-3-2 Waterworks Revenues. All revenues of the City of Groton received from the operation of the city waterworks shall be paid into the city treasury and shall be credited to the water fund.

1-3-3 Liquor Revenues. All revenues and lease fees of the City of Groton received from the operation of the city liquor licenses shall be paid into the city treasury and shall be credited to the liquor department of the general fund. Revenues from approved licenses for the sale of alcoholic beverages shall be credited to the general fund.

1-3-4 Mark Up Fees. All lessees under operation/lease agreement with the city for the sale of liquor and all licensees licensed under subdivisions (17) or (18) of SDCL 35-4-2 shall purchase all alcoholic beverages, including malt beverages, from the city. The city may charge such lessee or licensee a mark up fee up to ten percent (10%) above the city's cost for the liquor or malt beverage plus freight. The city may establish the mark up fee by resolution. All mark up fees established by the city shall be charged uniformly to all lessees and licensees except for liquor versus malt beverage.

1-3-5 Service Revenues. All revenues of the City of Groton received from the operation of municipal services including the airport, sewers, garbage collection, and electrical service shall be paid into the city treasury and shall be credited to such special funds as may be designated by resolution of the city council.

1-3-6 Miscellaneous Revenue. All revenues of the City of Groton received from licenses, fines, and other fees shall be paid into the city treasury and credited to the general fund unless otherwise specifically provided by ordinance.

1-4-1 Chief of Police. Under the direction of the mayor and city council, the chief of police is responsible for planning, organizing, and directing the functions of the police department. The chief of police determines policies to be followed by personnel in the department with respect to public relations, and enforcement of law and ordinances. The chief of police coordinates municipal law enforcement activities with those of other agencies, analyzes budgetary problems and submits an annual budget, administers personnel policies and training requirements, and makes recommendations on all appointments, promotions, discipline, and dismissals made in the department. The chief of police maintains a liaison with municipal officials, civic groups, and citizens on law enforcement concerns.

1-4-2 Code of Conduct. Each policeman, when on duty, shall follow the guidelines and regulations concerning law enforcement employees; wear the insignia of his office on his outer garments in a conspicuous place, except when occasion may require that it not be exposed; and must be quiet, civil, and orderly in his on and off duty conduct and refrain from violent, profane, obscene and insolent language, and abstain from intoxicating liquor, insubordination and dereliction of duty; and it shall be the duty of the chief of police to make complaint to the mayor or the city council of any violation of this section immediately upon obtaining knowledge thereof. All law enforcement officers in the employ of the city shall be fully certified by the State of South Dakota.

1-4-3 Contract With Brown County. The city council is authorized to contract with Brown County to care for either county or city prisoners, and such other terms as may be agreed upon between the city council and the county commissioners of Brown County.

1-5-1 Established. A municipal retail sales and use tax pursuant to the powers granted to municipalities by the State of South Dakota by virtue of SDCL 10-52, entitled: "Uniform Municipal Non-Ad Valorem Tax Law"and acts amendatory thereto shall be imposed to provide additional, needed revenue for the City of Groton, Brown County, South Dakota.

1-5-2 Effective Date. From and after the first day of January, 1994, there is hereby imposed a municipal retail occupational sales and service tax upon the privilege of engaging in business within the City of Groton. Such tax shall be measured by two (2) percent of the gross receipts of all persons engaged in business within the jurisdiction of the City of Groton, Brown County, South Dakota, who are subject to the South Dakota Occupational Sales and Service Tax, SDCL 10-45, and acts amendatory thereto. In addition, there is hereby imposed an excise tax on the privilege of use, storage and consumption within the jurisdiction of the City of Groton of tangible personal property or services purchased from and after January 1, 1994 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.

(1) Notwithstanding the above rates, the rate of tax upon receipts from sales of food, as defined by the Food Stamp Act of 1977 (Public Law 95-113), codified at 7 United States Code, 2012(g), as amended, is one (1) percent.

(2) There is hereby exempt from the second one (1) percent tax imposed by this ordinance, parts or repairs on machinery or equipment which are clearly identifiable as used primarily for agricultural purposes, as taxed pursuant to SDCL 10-45-3, farm machinery or equipment, as taxes pursuant to SDCL 10-45-3 and agricultural animal health products and medicines.

1-5-3 Use of Revenue. Any revenue received under 1-5-2 of this ordinance in excess of the amount received if the rate of tax in said section were one (1) percent, may be used only for expenditures as listed in SDCL 10-52-2 as amended.

1-5-4 Collection. Such tax pursuant to this ordinance is levied pursuant to authorization granted by SDCL 10-52, and acts amendatory thereto, and shall be collected by the South Dakota Department of Revenue in accordance with the same rules and regulations applicable to the state sales tax and under such additional rules and regulations as the Secretary of Revenue shall lawfully prescribe.

1-5-5 Interpretation. It is declared to be the intention of this ordinance and the taxes levied hereunder that the same shall be interpreted and construed in the same manner as all sections of the South Dakota Retail Occupational Sales and Service Tax, SDCL 10-45, and acts amending thereto, and the South Dakota Use Tax, SDCL 10-46, and acts amendatory thereto, and that this shall be considered a similar tax except for the rate thereof to that tax.

1-5-6 Penalty. Any person failing or refusing to make reports or payments prescribed by this ordinance and the rules and regulations relating to the ascertainment and collection of the tax herein levied shall be guilty of a misdemeanor and be fined not more than $200.00 or imprisoned more than thirty (30) days, or both such fine and imprisonment. In addition, all such collection remedies authorized by SDCL 10-45, and acts amendatory thereto, and SDCL 10-46, and acts amendatory thereto, are hereby authorized for the collection of these taxes by the Department of Revenue.

1-5-7 Separability. If any provision of this article is declared unconstitutional or the application thereof to any person or circumstances held invalid, the constitutionality of the remainder of the article and the applicability thereof to other persons or circumstances shall not be affected thereby.

1-5-8 Additional One Percent (1%) Tax. From and after the 1st day of January, 2001, or as early as can be imposed under the provisions of SDCL 10-52, there is imposed an additional tax at the rate of one percent upon the gross receipts of all leases or rentals of hotel, motel, campsites, or other lodging accommodations within the municipality for periods of less than twenty-eight days, sales of alcoholic beverages as defined in SDCL 35-1-1; and establishments where the public is invited to eat, dine, or purchase and carry out prepared food for immediate consumption. All revenues from taxes levied under this chapter pursuant to section 1-5-8 shall be used for expenditures as listed on SDCL 10-52-8 as amended.

To Table of Contents

Chapter 2-1 Boundaries

Chapter 2-2 Wards and Precincts

2-1-1 Boundaries. The corporate limits of the City of Groton are declared to be such as have been legally established and amended by law and ordinances of the city 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 city.

2-2-1 Wards Boundaries. The ward boundaries of the City of Groton are declared to be such as have been legally established and amended by law, ordinances, and resolution of the city as shown on a map on file in the office of the finance officer.

2-2-2 Voting Precincts. The city council may combine or separate said wards to establish voting precincts for the purpose of any particular election by resolution as provided by state law (SDCL 9-13-16).

To Table of Contents

Chapter 3-1 Adoption of National Fire Code

Chapter 3-2 Care of Firefighting Equipment

Chapter 3-3 Hazardous Material and Petroleum Products

3-1-1 Adoption of Fire Prevention Code. There is hereby adopted by the City of Groton, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Uniform Fire Code, sponsored by the Western Fire Chief's Assoc. and the International Conference of Building Officials, being particularly the most current edition thereof and the whole thereof save and except such portions as are hereinafter deleted, modified, or amended. A copy of the codes is on file in the office of the finance officer of the City of Groton, and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Groton.

3-1-2 Enforcement. The code hereby adopted shall be enforced by the chief of police.

3-1-3 Definition. Wherever the word "municipality" is used in the code hereby adopted, it shall be held to mean the City of Groton. The “fire department” shall refer to the volunteer fire department as established and operated as the Groton Community Fire Department, Inc., a non-profit corporation. Firemen or their officers are not employees or agents of the City of Groton. The chief of the department shall be elected and approved by the bylaws of the corporation and shall carry out the duties ascribed to him in those bylaws as well as the duties listed in the city codes and ordinances.

3-1-4 Modifications. The chief of the fire department shall have power to modify any of the provisions of the code hereby adopted upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the chief of the fire department thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant.

3-1-5 Appeals. Whenever the chief of the fire department shall disapprove an application or refuse to grant a license or permit applied for, or when it is claimed that the provisions of the code do not apply or that the intent and true meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief of the fire department to the city council within thirty (30)days from the date of the decision of the appeal.

3-2-1 Hindering Firemen and Injuring Fire Apparatus. Any person who shall willfully hinder or delay any officer or fireman in the performance of his duties or shall willfully injure, deface or interfere with any fire apparatus shall upon conviction thereof be subject to the penalties established in this ordinance (11-1-1).

3-2-2 Driving Over Hose. Any person who shall drive any vehicle over any unprotected fire hose when laid on a street or alley to be used at any fire, or during alarm of fire, or while at practice without the consent of the chief or such other person as may be in command, shall upon conviction thereof be subject to the penalties established in this ordinance (11-1-1).

3-3-1 Definitions. Terms used in this chapter unless the context otherwise plainly requires, shall mean:

A. Hazardous Material. Any substance or material in quantity or form which may be harmful or injurious to humans, domestic animals, wildlife, economic crops and vegetation, or property.

B. Hazardous Material Spill. Any release of a hazardous material or petroleum products in the environment whenever it shall pose an unreasonable risk to health, safety or environment.

C. Petroleum Product. Liquid petroleum fuels or lubricants.

3-3-2 Districts Which Allow Storage of Petroleum Products and Hazardous Materials. Bulk storage of petroleum products in tanks of over one thousand (1000) gallon capacity held for resale purposes and within which hazardous materials are kept but beyond which such storage of petroleum products and hazardous materials are prohibited shall be limited to only those properties approved by the City Council and listed in the office of the City Finance Officer.

3-3-3 Reports of Spills. Petroleum products and hazardous materials shall be handled, transported, and stored in a safe manner. Any person in control of a hazardous material or petroleum product which is spilled shall immediately report the spill and all conditions or circumstances relevant thereto to the chief of police or chief of the fire department. If the person in control of the hazard material or petroleum product is not immediately available or able to report the spill, then the person who either caused or is primarily involved in the spill shall report. This report requirement shall be in addition to any other federal or state report requirement.

3-3-4 Registration of Petroleum Storage Tanks. All stationary containers or tanks located within the City of Groton, or any storage facility actually used or intended to be used for the storage of any petroleum product shall be registered by filing with the City of Groton all necessary information upon forms supplied by the finance officer; provided, however, that only the following shall be exempt from this registration requirement:

A. All containers, tanks, or buildings already registered pursuant to the Federal "UST" Program.

B. All containers and tanks for the storage of petroleum products which are less than three hundred fifty (350) gallons in size unless the product is gasoline, which container or tank can not exceed fifty-five (55) gallons in size.

C. All containers and tanks for the storage of petroleum products which are less than one thousand (1,000) gallons in size, where the container or tank is located on land zoned for agriculture and where the purpose of the storage is intended to be the noncommercial use of the product by the owner of the tank.

3-3-5 Registration of Hazardous Materials Storage Tanks; Contingency Plans. All stationary containers or tanks located within the City of Groton, or any storage facility actually used or intended to be used for the storage of any hazardous material shall be registered. Such registration shall be accomplished by filing a contingency plan at the office of the finance officer to be approved by the city council for cleaning up and containing an accidental discharge. Proof of insurance coverage for damages and clean up of an accidental discharge must be submitted to the city council as part of the contingency plan.

Only the following shall be exempt from this registration requirement:

A. All containers, tank, and storage facilities located on land zoned as residential.

B. All containers, tanks, and storage facilities located on land zoned as agricultural as long as the volume of the storage is less than sixty (60) gallons liquid or five hundred (500) pounds solid weight.

3-3-6 Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the City Council or an authorized representative has reasonable cause to believe that there exists in any building or upon any premises, any condition which is prohibited under this chapter, the city's authorized representative may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the City by this chapter; providing that if such building or premises be occupied, he or she shall first present proper credentials and demand entry; and if such building or premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the authorized representative shall have recourse to every remedy provided by law to secure entry.

No owner or occupant or any other person having charge or care of any building or premises shall fail or neglect, after proper demand made as herein provided, to properly permit entry therein by an authorized representative of the city for the purpose of inspection and examination pursuant to this chapter.

3-3-7 Conflict. In the event of any conflict between the provisions of this chapter and state and federal law, state and federal law shall prevail.

3-3-8 Appeals. Decisions made in enforcement of this chapter may be appealed to the city council, which may grant a variance upon an application which demonstrates that an equivalent degree of environmental protection will be achieved under alternatives submitted by said applicant.

To Table of Contents

Chapter 4-1 Garbage and Refuse

Chapter 4-2 Weeds

Chapter 4-3 Dutch Elm Disease

Chapter 4-4 Miscellaneous Nuisances

Chapter 4-5 Nuisance Property

Chapter 4-6 Abandoned Property

Chapter 4-7 Rat Eradication

Chapter 4-8 Dangerous Buildings

Chapter 4-9 Cemetery Regulations

Chapter 4-10 No Tolerance Zones

4-1-1 Definitions. Terms used in this chapter unless the context otherwise plainly requires, shall mean:

A. Garbage. Includes, but is not restricted to every accumulation of animal, vegetable, or other mineral:

1. resulting from the preparation and consumption of edible food stuffs; or

2. resulting from decay, dealing in, or storage of meats, fish, fowl, fruits, or vegetables, including the cans, containers, or wrappers or waste along with such materials; or

3. such industrial, domestic, and organic solid waste or residue of animals sold for meat; or

4. fruit, vegetable, and animal matter from kitchens, dining rooms, markets, fruit establishments, or any other place using, dealing in, or handling meats, fish, fowl, fruits, vegetables, or grains; or

5. offal, animal excreta, or the carcasses of animals, fish or fowl.

B. Hazardous and Toxic Wastes. The garbage, rubbish, rubble, and refuse that requires special handling to avoid damage to property or illness or injury to persons or animals.

C. Incineration. The processing and burning of garbage, rubbish, and refuse for the purpose of volume and weight reduction and all facilities designed and used for such purpose.

D. Occupant. The person who has the use of, or occupies, any building, whether a residence or commercial, or a part or portion thereof, whether the actual owner, tenant, or subtenant. In the case of vacant buildings, a residence or commercial, or any vacant portion of the buildings, the owner, agent, or other person having custody of said building shall have the responsibility of an occupant of said building.

E. Open Burning. Uncontrolled burning of waste in the open, in open containers, or in an open dump.

F. Owner. The actual owner of the property, building, or site, or the agent of the owner in charge of said building, property, or site or the person whom any rental upon said building, property, or site is paid. In the case of property being leased under agreement which hold the lessee responsible for maintenance and repair, the lessee shall be, in such cases, considered as the owner.

G. Refuse. Garbage, rubbish, and rubble, incinerator ash, incinerator residues, street cleanings, market and industrial solid waste, and sewage waste in dry or semi-dry form.

H. Residential Occupant. A residential occupant shall include a dwelling house and a place of human habitation and shall be any household established in a building whether or not it is a single family dwelling. Each residential occupant, including multiple family dwellings of three (3) or more units, shall be liable for solid waste collection pursuant to this definition.

I. Rubbish. Includes, but is not restricted to, all non-putrescible waste or debris such as paper, cardboard, grass, tree or shrub trimmings, rugs, straw, clothing, wood, wood products, crockery, glass, rubber, metal, plastic, construction waste, and debris, tin cans, bedding, or litter of any kind.

J. Rubble. Stone, brick, rock, or similar organic material.

K. Solid Waste Hauler. Any person, firm, or corporation who collects garbage, rubbish, rubble, and refuse within the geographical limits of the municipality or from a central collection point and transports such to a disposal site.

L. Truck. Any truck, trailer, semi-trailer, conveyance, or other vehicle which has been designed and manufactured specifically for the purpose of collecting garbage, rubbish, rubble, and refuse, or to haul or transport garbage, rubbish, rubble, and refuse upon public highways or thoroughfares.

M. Yard Waste. Leaves, grass clippings, plant or garden residue, or similar organic matter.

4-1-2 Refuse Removal. All garbage, rubbish, rubble, and refuse created, produced, or accumulated in or about a dwelling house or place of human habitation in the City limits of the City of Groton shall be removed from the premises at least once each week. The city may require a greater number of collections per week.

The city shall contract for lowest bid to a solid waste hauler for a period of one to three (1-3) years. The city shall bill all residents on their monthly utility statements. No billing will be done by the private hauler for residential service. Commercial establishments shall contract privately for the removal of garbage, rubbish, rubble, and refuse from their premises in compliance with the terms of this chapter.

The rate to be charged to the residential occupant for garbage, rubbish, rubble, and refuse shall be as established by the city council and on file in the office of the finance officer.

As per state law (SDCL 34A-6-29), garbage, rubbish, rubble, and refuse fees take precedence over all other utility charges.

4-1-3 Refuse Containers. Every owner, lessee, or occupant of any private dwelling house and every keeper of a hotel, restaurant, eating house, boarding house, or other building where meals are furnished and every other person having garbage, rubbish, rubble, or refuse in the City of Groton shall provide, and at all times, keep within said building or conveniently located near said building, suitable and sufficient watertight cans, each capable of holding a maximum of thirty-six (36) gallons of garbage, rubbish, rubble or refuse, or a suitable container approved by the city and deposit in such container, and not elsewhere, all garbage, rubbish, rubble, or refuse accumulating on said premises. The containers shall be equipped with suitable bails or handles and shall have tightly fitted covers and shall not leak, nor permit the escape of odors. The weight of the garbage, rubbish, rubble or refuse shall not exceed seventy-five (75) pounds. Such containers shall be so located on the premises as to be readily accessible to the garbage, rubbish, rubble or refuse collector who is required to render pickup service; containers shall be made accessible to the collection service at the curb site of the nearest public traveled thoroughfare. Rubbish may also be disposed of in said containers provided the containers may be easily lifted, emptied, or hauled away, and they do not exceed the weight limit established above. Garbage, rubbish, rubble, or refuse containers shall not be placed adjacent to the street for pickup service more than twenty-four (24) hours prior to pickup times; the containers shall be removed within twelve (12) hours after pickup.

4-1-4 Accumulation of Refuse Prohibited. No person, owner, agent, or occupant of any premises in the City of Groton, whether vacant or improved, shall allow any accumulation of garbage, rubbish, rubble or refuse to remain thereon for longer than two (2) weeks if such garbage, rubbish, rubble or refuse is within four hundred (400) feet of any dwelling house or commercial building, nor for more than four (4) weeks if beyond said distance, nor for any period of time if the same is found by the city to constitute a public or private nuisance.

4-1-5 Burying of Refuse. No person, owner, agent, or occupant of any premises in the City of Groton shall keep, place, or deposit garbage, rubbish, rubble or refuse at any public or private grounds or premises, except in containers or receptacles for collection upon premises owned, occupied, or under possession or control of such person, provided, however, that the City may designate certain areas, locations, or containers for the deposit of garbage, rubbish, rubble, refuse or yard waste composting.

4-1-6 Collection. Except for special haul service, no garbage, rubbish, rubble or refuse will be collected unless in standard containers or in securely tied bundles as defined herein. A bundle is a package containing rubbish only, not exceeding four (4) feet in its longest dimensions, securely tied with a cord or rope of sufficient strength to permit lifting and carrying of the full weight without spillage or leakage, which bundle shall be placed for collection immediately adjacent to the standard container.

4-1-7 Hours of Collections. A solid waste hauler shall not collect garbage, rubbish, rubble or refuse within a residential area between the hours of 7:00 p.m. one day and 8:00 a.m. the next day.

4-1-8 Collection Vehicles. All trucks collecting or transporting rubbish or mixed garbage and rubbish along or on a public highway shall be covered. The coverage shall be a clean tarpaulin securely tied down over the entire load, or such other cover as will prevent spilling. All trucks collecting or transporting rubbish mixed with garbage shall be of watertight construction.

Trucks transporting, but not collecting garbage unmixed with rubbish shall be equipped with watertight metal tanks and shall be covered by a suitable metal cover or covered by other satisfactory and acceptable methods approved by the City of Groton. All persons transporting garbage shall clean and disinfect all equipment so used at least once weekly or as often as needed.

Trucks collecting garbage from residential occupants will have a watertight metal tank and shall be covered so that not more then one-half (1/2) of any truck can be uncovered at any one time. The cover shall be fully closed while the truck is traveling between place of collection and place of transfer disposal. At all times, the trucks shall obey all weight limits imposed on them by state law while driving on city streets, including any seasonal load limits. All persons collecting garbage shall clean and disinfect all equipment as needed to prevent health hazards.

4-1-9 Burning. There shall be no burning of garbage, rubbish, rubble or refuse within the city limits of the City of Groton. This section shall not apply to incinerators or fireplaces located within a building or to actions of the fire department in fire-fighting practice or ridding the city of a nuisance or hazard.

4-1-10 Composting. No yard waste may be composted, stockpiled, or allowed to accumulate for more than seven days from the date the foregoing is initially composted, stockpiled, or accumulated, provided, however, grass clippings may be spread upon gardens, around plants, shrubs, or trees to a depth of no more than six (6) inches.

4-1-11 Yard Waste Removal. The person, firm, corporation or business responsible for disposal of yard waste shall place it into a yard waste container which shall be no larger than a thirty-six (36) gallon waterproof disposable containers. Affixed to it shall be the appropriate sticker to each bag or container which can be purchased at the city finance office or other designed stores in the city, with said container being placed for collection on the boulevard no more than twenty-four (24) hours before the day for yard waste collection, as published by the city.

4-1-12 Improper Yard Waste Disposal Prohibited. Every accumulation of yard waste which is deposited, kept, burned or transported at any place in the city in violation of the above provisions is hereby declared to be a public nuisance because of the offensive odors produced thereby and said nuisance may be abated as set forth in this ordinance (4-3-4) and any person who maintains or permits the maintenance of such nuisance shall be guilty of a misdemeanor subject to the penalty established in this ordinance (11-1-1).

4-1-13 City Restricted Solid Waste Site. The City of Groton will operate a city restricted solid waste site at its discretion and as permitted by state law under SDCL 3A-6 and the Department of Environment and Natural Resources, and the regulations appertaining thereto for the following purposes and under the following conditions only but this section shall not supercede the provisions of state law in SDCL 34A-6 or the administrative regulations of the Department of Environment and Natural Resources which this ordinance is deemed to be in compliance with.

A. The city site will be open between the hours of the day and the days of the week as established by resolution of the Groton City Council, to be amended from time to time as the need exists, which resolution is on file at the city finance office;

B. The use of the city site is restricted to city residents only except that a non-resident may use said site by first applying for a special permit at the city finance office for which there will be a fee of an amount established by the city council by resolution which is on file at the city finance office;

C. The city site may be used only for purposes of depositing rubble as defined in 4-1-1J and shall not be used for depositing any other type or refuse including rubbish, garbage, solid waste, paper or cardboard, plastics, styrofoam, foam rubber, packaging materials, gas or fuel tanks, treated wood, paint, or paint cans, sealants, adhesives, furniture, mattresses, carpet, lead acid batteries, waste motor oil, all motor vehicle tires, white good appliances containing freon, any chemicals or chemical containers, abandoned, wrecked, dismantled or junked vehicles with gas tanks, animal remains, or construction materials including but not limited to shingles, tar paper, painted, stained or varnished wood, siding, insulation, lathe and sheetrock.

D. All rubble deposited at the city restricted solid waste site shall be declared abandoned property upon depositing the same;

E. The City of Groton may appoint a site caretaker whose hours of work and amount of pay shall be set by resolution of the city council to be kept on file at the city finance office;

F. It shall be unlawful for any person, firm, corporation or business to do any of the following at the city's restricted solid waste site;

1. Dump, deposit, discard or leave any refuse as defined in 4-1-1G or 4-1-13C;

2. Disregard the site caretaker's directions;

3. Start or cause to be started any fire without proper authorization from the city;

4. Retrieve, take away or remove any rubble without written permission from the city;

5. Use the city site unless a resident of the City of Groton or a permit holder;

6. Use the city site on the days of the week or during the hours of the day that the city site is closed to public use except by special permission of the city.

4-2-1 Weeds - Duty of Owner. Permitting weeds to grow to maturity on any private property including vacant lots, is hereby declared to be a nuisance. No owner of any lot, place, or area within the City of Groton, or the agent of such owner or the occupant of such lot, place, or area, shall permit to grow, lie, or be located on such lot, place, or area or upon any sidewalk abutting the same, any weeds, grass, or deleterious or unhealthful growths or other noxious matter that may be growing, lying, or located thereon, and the growing of such weeds or other noxious or unhealthful vegetation is hereby declared to be a nuisance.

4-2-2 Notice to Destroy Weeds. The city council shall notify, in writing, the owner, agent, or occupancy to cut, destroy or remove any such weeds, grass, deleterious or unhealthful growths, or other noxious matter found growing, lying, or located on such property or upon the sidewalk abutting same. Notice shall be certified mail addressed to said owner, agent, or occupant at his last known address.

4-2-3 Action Upon Noncompliance. Upon failure, neglect, or refusal of any owner, agent, or occupant so notified to comply with such notice within a period not less than two (2) days after personal receipt or ten (10) days after the mailing date thereof, the city council may provide for the cutting, destroying, or removal of such weeds, grass, or deleterious matter or other noxious growths and defray the cost of the destruction thereof by special assessment against the property.

4-2-4 Costs Recovered. The finance officer shall cause an account to be kept against each lot for the destruction of noxious weeds upon said lot as herein provided and shall after completion of the work, bill the owner of the property for such work and if not paid within thirty (30) days thereafter, the finance officer shall thereupon add such assessment to the general assessment against said property. The finance officer shall certify such special assessment together with the regular assessment to the county auditor to be collected as municipal taxes for general purposes.

Said assessment shall be subject to review and equalization the same as assessments or taxes for general purposes. In lieu of special assessment, the city council may institute a civil action against the owner or occupant of such property to recover said account.

4-2-5 Penalty. Any person whose duty it is to destroy or remove such noxious weeds or unhealthful vegetation as set forth in the preceding sections or who fails to destroy same within the time hereinbefore set forth shall upon conviction thereof be subject to the penalties established in this ordinance (11-1-1), in addition to one other penalties as prescribed in this chapter.

4-3-1 City Forester. The city council shall appoint a city forester whose duty it shall be to enforce the provisions of this chapter.

4-3-2 Dutch Elm Disease - Nuisance. Any living or standing elm tree or part thereof infected with the Dutch Elm Disease fungus, Ceratocystis Ulmi or which harbor the European Elm Bark Beetle, Scolytus Multitriatus (Eichb.) and/or the American Elm Bark Beetle. Hylurgopinus Rufipes (Marsh.) is hereby declared to be a public nuisance.

Any dead elm tree or part thereof including logs, branches, stumps, firewood, or other elm material from which the bark has not been removed and burned, or treated with an effective elm bark beetle destroying insecticide is hereby declared to be public nuisance.

4-3-3 Inspection. The city forester shall inspect or cause to be inspected all premises and places within the City of Groton at least once each year to determine whether any public nuisance as defined in section 4-3-2 exists thereon, and shall also inspect or cause to be inspected any elm tree reported or suspected to be infected with Dutch Elm Disease or any elm bark reported or suspected to be infected with either species of the above named bark beetles.

A. If the city forester shall determine upon inspection or examination that any public nuisance as herein defined exists in or upon a public street, alley, park, or public place, including the terrace strip between the curb and lot line, within the City of Groton, said officer shall immediately cause it to be removed and burned or otherwise abate the same.

B. If upon inspection or examination it shall be determined with reasonable certainty that any public nuisance as herein defined exists in or upon private premises within the City of Groton, immediate written notice shall be served upon the owner of such property, if he can be found, or upon the occupant thereof, to abate such nuisance within fifteen (15) days of service of said notice. If said owner or occupant does not abate said nuisance within the time specified in such notice, the city council shall cause it to be removed and burned or otherwise abate the same. No damage shall be awarded to the owner for destruction of any elm tree, elm wood, or any part thereof pursuant to this section. The tree is presumed to be diseased and subject to abatement unless said owner or occupant has shown that the tree is not so diseased by sending in specimens to the plant pathology department, SDSU, Brookings, and received a negative report thereon.

C. All abatements shall be made in such manner as to destroy or prevent as fully as possible the spread of Dutch Elm Disease or the insect pests or vectors known to carry such disease fungus.

D. Whenever it is determined that any elm tree or any part thereof is infected with Dutch Elm Disease fungus, the city council may cause to be treated all trees located on public property within a 1,000 to 1,500 foot radius thereof with an effective elm bark beetle destroying concentrate.

4-3-5 Assessment of Cost Abatement and Spraying. The entire cost of any abatement of a public nuisance as herein defined on any public street, alley, park, or other public place including the terrace strip between curb and lot line shall be borne by the city.

The cost of removing elm trees infected with the Dutch Elm Disease fungus on private property shall be borne by the property owner. If said owner fails to abate such nuisance by the removal of said tree or trees within the fifteen (15) day notice period, said tree or trees shall be removed by the city and the cost of said removal either assessed against the property or recovered in a civil action against the owner.

4-3-6 Public Notice of Abatement Action. In order to facilitate the work and minimize the inconvenience to the public of any treating operation conducted under this chapter, the city council shall cause to be given advance notice of such operation by publication in the local newspaper and by other effective means. It shall also cause the posting of appropriate warning notices in the area and along the streets which are to be treated at least twenty-four (24) hours in advance of treating. When any residue or concentrate from municipal treating operations can be expected to be deposited on any public street, the city council shall notify the chief of police who shall take all necessary steps to make and enforce temporary parking and traffic regulations on such streets as conditions require. Temporary "no parking" notices shall be posted in each block of any affected street at least twenty-four (24) hours in advance of treating operations.

4-3-7 Penalty. Any person who violates any provision established herein for the abatement of Dutch Elm Disease shall be subject to the penalties established in this ordinance (11-1-1).

4-4-1 Nuisances Defined and Prohibited. No person shall create, commit, maintain, or permit to be created, committed, or maintained any nuisance as defined herein.

Whatever is dangerous to human health, renders the ground, the water, the air, or food a hazard or injurious to human health, including but not limited to the following specific acts, conditions, and things are, each and all of them, hereby declared to constitute nuisances:

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

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

C. Undressed Hides. Undressed hides kept longer than twenty-four (24) hours, except at the place where they are to be manufactured, or in a storeroom or basement whose construction has been approved by the state health department for the storage of undressed hides.

D. Manure. The accumulation of manure.

E. Breeding Place for Flies. The accumulation of manure, garbage, or anything in which flies breed.

F. Stagnant Water. Any excavation in which stagnant water is permitted to collect.

G. Poison Ivy. Permitting poison ivy to be or grow upon any private property nearer than fifteen (15) feet from the sidewalk or any public street.

H. Dead Animals. For the owner of a dead animal or fowl to permit it to remain undisposed of longer than twenty-four (24) hours after its death.

I. Farm and Other Live Animals. The keeping of live farm animals which are deemed to include horses, cattle, swine, sheep, fowl, and other animals that are normally raised or kept on farms, the keeping of live wild animals, and the keeping of any live animal in a manner so as to cause a public nuisance within the city limits, except this shall not apply to property which is within the municipal boundaries of the City of Groton and zoned "Ag" as defined by the Groton zoning map unless such keeping of animals within rural property is deemed to constitute a public nuisance.

J. Polluting Bodies of Water. Throwing or leaving any dead animal or decayed animal or vegetable matter or other filth, whether solid or fluid, into any pool of water.

K. Privies or Cesspools. Erecting or maintaining any privy or cesspool, unless such sanitary privies and cesspool are approved by the state health department.

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

M. Offensive Premises. Permitting any grocery store, shop, factory, warehouse, stable, barn, residence, or other place to become nauseous or offensive.

N. Parking Trucks or Trailers in Residential Districts. Parking or permitting a truck or trailer on any street, area, or public ground in a residential district when such truck or trailer gives off an offensive odor or is contaminated with manure or other filth or which when operating produces loud offensive noise.

O. Ice Boxes, Refrigerators, or Airtight Container. Keeping, leaving, or permitting to remain outside of any dwelling, building, or other structures or premises, in a place accessible to children, any discarded ice box, refrigerator, or other container which has an airtight door, lid, snap lock, or other locking device which may not be released from the inside, without first removing said door, lid, snap lock, or other locking device from said ice box, refrigerator, or container.

P. Smokestacks and Smoke Nuisances. The construction, use, or maintenance of any smokestack or chimney which emits sparks, cinders, or dense smoke which is dangerous to the health, comfort, or property of persons, or the value of property.

Q. Use of Sanitary Sewer. Permitting drainage water, blood, buttermilk, whey, by-products of milk, acids, which consume pipe, or any substance or material which interferes with the normal flow of sewage or prevents, blocks, or stops the flow of sewage, to enter the sewer system.

R. Unconfined Refuse. The depositing, unloading, placing, storing, or otherwise piling of any dirt, straw, shavings, seeds, grain screenings, chaff, leaves, ashes, paper, or materials of any kind upon property without covering the same in order to prevent it from being moved and blown by wind onto property of another or onto any street, alley, or public property.

S. Dilapidated Buildings. A building or structure within the limits of the city which is so dilapidated, decayed, out of repair, unsafe, unsanitary, or utterly fails to provide the amenities essential to decent living such that it is unfit for human habitation and is likely to cause or is causing or aggravating sickness or disease so as to work an injury to the health, morals, safety, or general welfare of the community.

T. Any other matter, condition, thing, which may be dangerous to human health, renders the ground, the water, the air, food, or a given space injurious to human health, which is not specifically listed about but which the City Council, after notice to the offending party, with an opportunity to be heard by the offending party, declares to be a nuisance.

4-4-2 Nuisances, How Abated. A policeman shall give written notice by certified mail or personal service to any person creating, permitting, or maintaining any nuisance to abate such nuisances forthwith, and if such person shall neglect or refuse to do so within the period specified in the notice which shall not be less than two (2) days nor more than ten (10) days after the service of such notice, he shall be deemed guilty of violation of this ordinance. The policeman shall cause to be removed or abated any such nuisances upon the expiration of a reasonable time after the serving of such notice, and the city may recover the expenses so incurred from the person maintaining such nuisances by special assessment or with a civil suit instituted for such purpose.

4-5-1 Nuisance Property Defined. Nuisance property as used herein means property on which is kept, stored, or accumulated any wrecked, dismantled, unlicenced, or junked vehicles, old car bodies, old iron, old lumber, or any junk of like character which tends to be unsightly, to lower the value of adjacent real estate because of unsightliness, or is a public health hazard. Nuisance property is hereby declared to be a nuisance and may be abated as provided in section 4-4-2 of this ordinance, or as provided by SDCL 21-10-6.

4-5-2 Notification of Requirements to Abate Nuisance Property. Upon receiving a complaint of the presence of any material described in section 4-5-1, the city council or chief of police shall notify the owner or person in charge of such property to remove the same within a period of not less than two (2) days nor more than ten (10) days as stated in the notice after the service of such notice. Such notice shall be given by certified mail addressed to said owner, agent, or occupant at his last known address or by personal service. Upon failure of such owner or person in charge to clean up such nuisance property, said nuisance shall be abated in the manner prescribed in section 4-4-2.

4-5-3 Unlawful to Accumulate Nuisance Property. It shall be unlawful for any person, firm, or corporation owning or in control of any real estate within the city to permit, allow, or accumulate wrecked, dismantled, unlicensed, or junked vehicles, old car bodies, old iron, old lumber, or junk of like character which tend to be unsightly, to lower the value of adjacent real estate because of unsightliness, or to be a public health hazard, longer than ten (10) days after notification by the city council or chief of police to remove such material and abate such nuisance, and each day such violation continues shall constitute a separate offense and be punishable as such.

4-5-4 Exceptions. This chapter shall not apply to any property kept under cover, within an enclosed building or on the premises of a junk dealer licensed by the city.

4-5-5 Penalty. Any person, firm, or corporation violating any of the provisions of this ordinance shall upon conviction be subject to the penalties established in this ordinance (11-1-1), and such penalty shall be in addition to any of the penalties prescribed by reason of abatement of said nuisance. The finance officer shall cause an account to be kept for a special assessment toward the abatement of nuisance property by the city, showing the assessed amount, the description of the property, and the owner thereof. The city may institute a civil action against the owner or occupant of such property to recover the cost of abatement, including court costs and attorney fees.

4-6-1 Abandoned Property - Removal and Storage. Any automobile, vehicle, or other personal property which has been abandoned for sixty (60) days upon the streets, alleys, or other public places, shall be taken into possession by the city and shall be stored at such location as shall be designated by the city council for a period of at least ninety (90) days during which time the owner or owners may redeem such property upon paying the cost of removal and storage.

4-6-2 Sale of Unclaimed Abandoned Property. If such personal property be not reclaimed within the ninety (90) day period, the abandoned property may be sold by the city at public auction, at such location as may be determined by the city council, after publishing at least ten (10) days prior to the date of such sale, a notice describing the property to be sold and the place of such sale.

4-6-3 Sale Proceeds to be Credited to the General Fund of the City. Immediately after such sale, the person making such sale shall file a report thereof with the finance officer and the proceedings of such sale shall be deposited with the finance officer of the City of Groton and credited to the general fund of the city.

4-7-1 Definitions. Terms used in this chapter, unless the context otherwise plainly requires, shall mean:

A. Building. Any structure, either public or private, that is adapted for occupancy for residential or commercial purposes, including all principle or secondary structures such as sheds, barns, and other structures.

B. Rat Proofing. A form of rat proofing to prevent the ingress into residential or commercial buildings, from the exterior or from one business building to another. It consists essentially of the closing, with material impervious to rat gnawing, of all openings in the exterior walls, ground or first floors, basements and foundations, that may be reached by rats from the ground by climbing or by burrowing.

C. Rat Harborage. Any conditions which provided shelter or protection for rats, thus favoring their multiplication and continuous existence in, under, or outside of a building of any kind.

D. Owner. The actual owner of the building, be it an individual, partnership, or corporation, the person having custody of said building, or the person to whom any rental upon said building is to be paid. In the case of buildings leased under agreement that the lessee is responsible for maintenance and repairs, the lessee will in such cases also be considered as the "owner" for the purposes of this ordinance.

E. Occupant. The individual, partnership or the corporation that has the use of or occupies any building, or a portion thereof; whether the actual owner, tenant, or subtenant. In the case of a vacant building, or any vacant portion of a building, the owner, agent, or other person having custody of said building, shall have the responsibilities of an "occupant" of said building.

4-7-2 Rat Proofing Buildings. It is required that all buildings in the City of Groton shall be rat proof, free of rats, and maintained in a rat proof and rat free condition.

4-7-3 Notice to Owner. Upon receipt of written notice or order from the city council, the owner of any building specified in said notice or order shall take immediate steps for rat proofing said building, and unless said work and improvements required for such rat proofing have been completed by the owner of said building in the time specified in the written notice or any extension that may have been granted by the city council, then the owner shall be in violation of this ordinance.

4-7-4 Notice, Charge Against Owner. Whenever the city council notifies the occupant of a building that there is evidence of rat infestation in that building, the occupant shall immediately institute appropriate steps for freeing the building of rats within ten (10) days after receipt of the written notice. If within ten (10) days the building is not free of rats, the city shall institute such action as is necessary and shall charge occupant for labor, material, and equipment necessary for the eradication measures carried out.

4-7-5 Maintaining Rat Proofing Condition. The occupants of all buildings are required to maintain the premises in a rat proof condition and to repair all breaks and leaks that may occur in the rat proofing.

4-7-6 Inspections. The city council is empowered to have made unannounced inspections of both the interior and exterior of buildings within the City of Groton as in its opinion may be necessary to determine whether there has been a full compliance with this ordinance and to require full compliance with this ordinance. If at any time the city council finds evidence of rat infestation or the existence of breaks or leaks in the rat proofing, or new openings through which rats may again enter said building, the city council shall serve upon the owner or occupant of the building a notice to abate the conditions so found.

4-7-7 Installation of Floors. Whenever conditions inside or under buildings provide harborage for rats that the city council deems it necessary to eliminate such harborage, the city council may require the owner or occupant to install cement floors or basement or to replace wooden first floors or ground floors and to require the owner to correct any other interior rat harborage as may be necessary in order to facilitate the eradication of rats in a reasonable length of time.

4-7-8 Removal of Rat Proofing. It shall be unlawful for the occupant, owner, contractor, public utility company, plumber, or any other person to remove the rat proofing from a building unless it is reinstalled in a satisfactory condition; and, in like manner, it shall be unlawful for any such person to make any new openings that are not sealed or closed against the entrance of rats.

4-7-9 Metal or Plastic Containers. Everywhere within the City of Groton, all garbage or other refuse shall be placed and stored in covered metal or plastic containers, compartments, or rooms in a rat proof building.

4-7-10 Dumping of Garbage and Rubbish Unlawful. It shall be unlawful for any person, firm, or corporation to place, leave, dump, or permit the accumulation of any garbage, rubbish, or trash in any building or upon any premises in said city so that the same shall or may provide food or harborage for rats.

4-7-11 Storage of Lumber and Other Material. It shall be unlawful for any person, firm, or corporation to permit to accumulate upon any real property whether improved or vacant, or upon any open lot or alley in the city, any wood, lumber, wood boxes, barrels, bricks, stones, or any other materials that may be permitted to remain thereupon for any longer than a temporary period reasonably required for the use of such materials in building or repairing of property, unless same shall be placed on open racks that are elevated not less than eighteen (18) inches above the ground, and evenly piled or stacked so that such material will not afford harborage for rats.

4-8-1 Dangerous Buildings Defined. All buildings or structures which have any or all of the following defects shall be deemed "dangerous buildings."

A. Those whose interior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.

B. Those which, exclusive of the foundation, show thirty-three (33) percent or more of deterioration of the supporting member or members, or fifty (50) percent or more of deterioration of the non-supporting members or outside walls of covering.

C. Those which have improperly distributed loads upon the floors or roofs or which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used.

D. Those which have been damaged by fire, wind, or other natural deteriorating causes so as to have become dangerous to life, safety, morals, or the general health and welfare of the occupants or future occupants.

E. Those which are so dilapidated, decayed, unsafe, insanitary, or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, morals, safety, or general welfare of its occupants or future occupants.

F. Those having light, air, and sanitation facilities which are inadequate or inoperable to protect the health, morals, safety, or general welfare of its occupants or future occupants.

G. Those having inadequate facilities for egress in case of fire or panic including those having insufficient stairways, elevators, fire escapes, or other means of escape.

H. Those which have parts thereof which are so attached that they may fall and injure members of the public or its occupants or future occupants.

I. Those which because of their condition are unsafe, insanitary, or dangerous to the health, morals, safety, or general welfare of the people of this city.

J. Those buildings existing in violation of any provisions of the Uniform Building Code adopted by this city or any other provisions set forth in the ordinances of the City of Groton.

4-8-2 Standards for Repair, Vacation, or Demolition. The following standards shall be followed in substance by the building inspector and/or city council in orderly repair, vacation, or demolition:

A. If the "dangerous building" can reasonably be repaired so that it will no longer exist in violation of the terms of this ordinance, it shall be ordered repaired.

B. If the "dangerous building" is in such condition as to make it an immediate danger to the health, morals, safety, or general welfare of its occupants or future occupants, it shall be ordered vacated.

C. In any case where a "dangerous building" is fifty (50) percent or more damage, decayed, or deteriorated from its original construction, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this ordinance, it shall be demolished. In all cases where a "dangerous building" is a fire hazard existing or erected in violation of the terms of this ordinance or any ordinance of the City of Groton or the statutes of the State of South Dakota, it shall be demolished.

4-8-3 Dangerous Buildings - Nuisances. All "dangerous buildings" within the terms of section 4-8-1 of this ordinance are hereby declared to be public nuisance and shall be repaired, vacated, or demolished as hereinbefore and hereinafter provided.

4-8-4 Duties of Building Inspector. The building inspector shall:

A. Inspect or cause to be inspected at any time, all public buildings, schools, halls, churches, theaters, motels, tenements, commercial or manufacturing buildings for the purpose of determining whether any conditions exist which render such places a "dangerous building" within the terms of section 4-8-1 of this ordinance.

B. Inspect any building, wall, or structure about which complaints are filed by any person to the effect that a building, wall, or structure is or may be existing in violation of this ordinance.

C. Inspect any building, wall, or structure reported (as hereinafter provided for) by the Groton Community Fire Department as probably existing in violation of the terms of this ordinance.

D. Notify, in writing, the owner, occupant, lessee, mortgagee, agent, and all other persons having an interest in said building as shown by the records on file at the Register of Deeds at the Brown County Courthouse, Aberdeen, South Dakota, of any building found by him to be a "dangerous building":

1. The owner must vacate, or repair, or demolish said building in accordance with the terms of the notice and this ordinance.

2. The occupant or lessee must vacate said building or may have it repaired in accordance with the terms of the notice and remain in possession;

3. The mortgagee, agent, or other persons having an interest in said building as shown by the records on file at the Brown County Courthouse, Aberdeen, South Dakota, may at his own risk, repair, vacate, or demolish said building or have such work or act done; provided, that any person notified under this subsection to repair, vacate, or demolish any building shall be given reasonable time, not exceeding ninety (90) days, as may be necessary to do, or have done, the work or act required by the notice provided for herein.

E. Set forth in the notice provided for in subsection D hereof, a description of the building, or structure deemed unsafe, a statement of the particulars which make the building or structure a "dangerous building" and an order requiring the same to be put into such condition as to comply with the terms of this ordinance within such length of time, not exceeding ninety (90) days as is reasonable.

F. Report to the city council any noncompliance with the notice provided for in subsection D and E hereof.

G. Appear at all hearings conducted by the city council and to testify as to the condition of "dangerous buildings."

H. Place a notice on all "dangerous building" reading as follows: "This building has been found to be a dangerous building by the building inspector. This notice is to remain on this building until it is repaired, vacated, or demolished in accordance with the notice which has been given the owner, occupant, lessee, mortgagee, or agent of this building and all other persons having an interest in said building as shown by the records on file at the Register of Deeds in the Brown County Courthouse, Aberdeen, South Dakota. It is unlawful to remove this notice until such notice is complied with."

4-8-5 Duties of City Council. The city council shall:

A. Upon receipt of a report of the building inspector as provided for in section 4-8-4, subsection F hereof, give written notice to the owner, occupant, mortgagee, lessee, agent, and all other persons having an interest in said building as shown by the records on file at the Brown County Register of Deeds in the Brown County Courthouse, Aberdeen, South Dakota, to appear before the city council on the date specified in the notice to show cause why the building or structure reported to be a "dangerous building" should not be repaired, vacated, or demolished in accordance with the statement of particulars set forth in the building inspector's notice provided for herein in section 4-8-4, subsection E.

B. Hold a hearing and hear such testimony as the building inspector or the owner, occupant, mortgagee, lessee, or any other person having an interest in said building as shown by the records on file at the Brown County Register of Deeds in the Brown County Courthouse, Aberdeen, South Dakota, shall offer relative to the "dangerous building."

C. Make written findings of fact from the testimony offered pursuant to subsection B as to whether or not the building in question is a "dangerous building" within the terms of section 4-8-1 hereof.

D. Issue an order based upon findings of fact made pursuant to subsection C commanding the owner, occupant, mortgagee, lessee, agent, and all other persons having an interest in said building to repair, vacate, or demolish any building found to be a " dangerous building" within the terms of this ordinance and provided that any person so notified, except the owners, shall have the privilege of either vacating or repairing said "dangerous building" or any person not the owner of said building may demolish said "dangerous building" at his own risk to prevent the acquiring of a lien against the land upon which said "dangerous building" stands.

E. If the owner, occupant, mortgagee, or lessee fails to comply with the order provided for in subsection D hereof, within ninety (90) days, the city council shall cause such building or structure to be repaired, vacated, or demolished as the facts may warrant, under the standards hereinbefore provided for in section 4-8-2 of this ordinance, and shall with the assistance of the city attorney cause the cost of such repairs, vacation or demolition to be charged against the land on which the building existed as a municipal lien or cause such costs to be added to the tax roles as an assessment, or to be levied as a special tax against the land upon which the building stands or did stand, or to be recovered in a suit at law against the owner, which costs include attorney fees.

F. Report to the city attorney the names of all persons not complying with the order provided for herein.

4-8-6 Violations - Penalty for Disregarding Notices or Orders. The owner of any "dangerous building" who shall fail to comply with any notice or order to repair, vacate, or demolish said building given by the city council and/or building inspector pursuant to this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding two hundred dollars ($200) for each offense for each and every day such failure to comply continues beyond the date fixed for compliance.

The occupant or lessee in possession who fails to comply with any notice to vacate and who fails to repair said building in accordance with any notice given as provided for in this ordinance shall be guilty of a misdemeanor and upon conviction shall be fined not exceeding two hundred dollars ($200) for each offense for each and every day such failure to comply continues beyond the date fixed for compliance.

Any person removing the notice provided for in section 4-8-4, subsection H hereof shall be guilty of a misdemeanor and upon conviction shall subject to the penalties established in this ordinance (11-1-1). The city attorney is hereby authorized to prosecute all persons failing to comply with the terms and notices provided for in this ordinance, appear at all hearings before the building inspector and/or city council concerning "dangerous buildings", bring suit where appropriate to collect the costs in connection with the repair, vacation, or demolition of any " dangerous building," or to take any other such legal action as is necessary to carry out the terms and provisions of this ordinance.

4-8-7 Where Owner Absent From City. In cases where the owner, occupant, lessee, or mortgagee is absent from the city, all notices or orders provided for herein shall be sent by certified mail, return receipt, to the owner, occupant, mortgagee, lessee, and all other persons having an interest in said building as shown by the files and records at the Brown County Register of Deeds in the Brown County Courthouse, Aberdeen, South Dakota, to the last known address of each, and a copy of such notice has been posted in a conspicuous place on the "dangerous building" to which it relates. Such mailing and posting shall be deemed adequate service.

In all other cases, service of all notices or orders provided for herein can be served by a police officer for the City of Groton. Such police service shall be deemed adequate service.

4-8-8 Duties of Police Department. All employees of the police department shall make a report in writing to the building inspector or city council of any buildings or structures which are, may be, or are suspected to be "dangerous buildings" within the terms of this ordinance or to report any complaints received by the police department to the city council or building inspector concerning any "dangerous buildings" within the City of Groton.

4-9-1 Management. The city public works coordinator shall be in control of managing the city cemetery under the direction of the city council.

4-9-2 Sale of Lots. Lots in the city cemetery are sold subject to the rules adopted by the city council and at a price fixed by resolution of the city council adjusted from time to time, but no lot may be sold to a third party after it is sold to the original purchaser for more money than its original purchase price.

The mayor and city finance officer shall execute all conveyances for lots upon full payment of the price of the lot and no burial shall be permitted until the full purchase price for said lot is paid.

4-9-3 Grave Location. Graves must be located at least six inches inside the boundaries of said lot.

4-9-4 Grave Marking. The digging of all graves shall be done under the direction of the city public works coordinator who shall first mark out the boundary lines of said lot before digging commences. For this service there shall be a fee of $50.00 paid to the city and all costs in connection with the digging of a grave shall be the sole responsibility of the person or entity seeking the interment on said lot.

4-9-5 Vault Requirement. All burials in the cemetery shall be made in a concrete box or vault which is impervious to the soil and animal intrusions.

4-9-6 Markers & Monuments. All markers or monuments shall be constructed of granite or cement supported by a granite or cement foundation. The placement of the markers or monuments must first be approved by the city public works coordinator.

All lot owners or next of kin shall assume full, perpetual responsibility for the placement of the marker or monument and its maintenance.

4-9-7 Memorial Removal. The city shall not be responsible for articles placed on the lots and may remove, without notice, any article considered objectionable or detrimental to the aesthetic value, peace, or tranquility of the cemetery.

4-9-8 Vehicle Operation. No driving of any vehicles shall be permitted in the city cemetery except upon driveways, except for work in connection with interment. The speed limit of ten miles per hour must be observed at all times by vehicles operating in the cemetery.

4-9-9 Vandalism Prohibited. No persons shall pick any flowers, break any trees, or shrubs or mar or deface any marker or monument within the cemetery unless he has permission of the city public works coordinator or lot owner upon whose lot this conduct takes place.

4-9-10 Body Removal. No body shall be exhumed except by permission of the city council or other proper public authorities with the consent in writing of the surviving husband or wife or next of kin of the person whose body is to be exhumed.

4-9-11 Perpetual Care Fund. There is hereby created a perpetual care fund which shall be permanently set aside in a trust fund and the income from said trust fund investment shall be used for the care and maintenance of said cemetery. Income from perpetual care investments shall be credited to the cemetery maintenance account as maintained within the municipal general fund. Income received from the sale of burial lots shall be credited to the cemetery maintenance account. The city may receive and take possession of any gifts, donations, devises, or legacies for such purpose of maintaining a perpetual care trust fund. The city may use the principle in said perpetual care trust fund for not only the care and maintenance of the cemetery but for purpose of acquisition of additional land to extend the boundaries of such cemetery or to acquire heavy machinery to maintain the cemetery including, but not limited to, opening and closing graves. The principle utilized for these purposes in the perpetual care trust fund should not be drawn down below $25,000.00. The city may, but it is not required to, appropriate money from the general fund to be placed into the perpetual care trust fund from time to time, as needed. This section shall not subject the city to the provisions of Chapter 55-12 of SDCL.

4-10-1 No Tolerance Zones. There is hereby established NO TOLERANCE ZONES in any building or vehicle under the ownership or direst control of the City of Groton. In such NO TOLERANCE ZONES, smoking, drinking of alcoholic beverages, use of elicit drugs, and the use of profanity is strictly prohibited. All such buildings or vehicles that are included in the NO TOLERANCE ZONES shall be marked in conspicuous places with signs indicating the buildings or vehicles in which the above prohibitions apply. Specially excluded from this Ordinance is any property owned by the City of Groton but leased to third persons and under their direct control.

To Table of Contents

Chapter 5-1 General Provisions

Chapter 5-2 Animals and Animal Control

Chapter 5-3 Junkyards and Wrecking Control

5-1-1 License, Unlawful Without. It shall be unlawful for any person, persons, firm, or corporation to engage in any activity for which a license is required without first having obtained a license as hereinafter provided. The city council may at any time expand the general provisions of this chapter by requiring any person, persons, firm, or corporation engaging in any trade, business, or occupation within the City of Groton which is not specified by this ordinance to obtain a license as deemed necessary.

5-1-2 Applications for License. Any person, persons, firm, or corporation requesting a license as herein provided, shall make written application to the city council. The application shall state the name and address of the applicant, purpose of the activity, the length of time for which said license is requested, and the location at which said license will be used.

Except as otherwise provided, fees for all licenses shall be fixed by the city council and filed with the finance office, and all license fees shall be paid in full at the time of application in such manner as approved by said council.

5-1-3 License Expiration. Any annual license 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, and there shall be no rebate on an early termination of the activity for which said license was issued

5-1-4 Revocation. The city council shall have the authority at any time after first giving notice and holding a public hearing on said matter, to suspend or revoke any license granted under the provisions of this chapter whenever the council shall be satisfied upon written complaint that the activity for which the license was issued, has been made or conducted in an improper or illegal manner, and in case of such revocation, the city council may refund to the holder of such license such proportionate amount of money paid therefor as the council shall deem just. The licensee affected thereby has a right to appeal the decision of the city council pursuant to section 5-1-8 of this ordinance.

5-1-5 Issuance of License. Except as otherwise provided all licenses shall be issued by the finance officer after the application has been approved by the city council 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 City of Groton.

5-1-6 Record of Licenses. The finance officer shall keep a record of all licenses issued by the city stating when, to whom, for what purpose, for what length of time, for what location the license was issued, and the amount of money paid for said license.

5-1-7 Approval of Bonds. Any bond, liability insurance, or deposit required shall be subject to the approval of the finance officer. If the finance officer deems the security inadequate, new or additional security may be required; the license may be suspended pending the furnishing of such new or additional security, and if not furnished, the license may be revoked.

5-1-8 Appeal. Any person aggrieved by the action of the finance officer or the mayor in the denial of an application for permit or license, or through revocation of a license as provided in section 5-1-4 shall have the right of appeal to the city council. Such appeal shall be taken by filing with the finance officer a written statement fully describing the grounds of the appeal within fourteen (14) days following the action complained of. The city council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant. The decision and order of the council on such appeal shall be final and conclusive unless within thirty (30) days thereafter, the person affected appeals to circuit court pursuant to SDCL 1-26.

5-2-1 Cruelty to Animals. No person shall cruelly or immoderately beat, torture, or injure any domestic animal, overwork any working animal, or willfully maltreat or neglect in a cruel or inhumane manner any animal.

5-2-2 Pigeons. No person owning or having in his charge, control, or possession any pigeons shall suffer, allow or permit any of them to roam or fly at large within the city.

5-2-3 Dogs.

A. License. It shall be unlawful for any person or persons within the City of Groton to keep, maintain, or have custody or control of any dog without first having obtained a license to do so from the city finance officer as hereinafter provided and without having paid the license fee therefor.

B. Application. Any person desiring to keep, maintain, or have custody or control of any dog, shall before the first day of January in each year make application to the city finance officer for a license to keep such dog; such application shall be in writing stating the name, sex, color, and other distinguishing characteristics of the dog and the name of the owner thereof, and that the dog has no vicious propensities so far as known to the applicant, which application shall be made on a printed blank furnished by the city finance officer and filed with the city finance officer. In addition, the applicant shall exhibit to the finance officer a certificate from a registered veterinarian showing that such dog has been inoculated against rabies and that such inoculation will be effective during the period for which the dog is licensed. Any dog licensed under six (6) months of age shall be inoculated upon reaching the age of six months.

C. Fee, Tag. The applicant shall at the time of making such application, pay to the city finance officer a license fee in the sum of five dollars ($5) for each neutered or sterilized male dog or spayed female dog, and a license fee in the sum of ten dollars ($10) for each unneutered or unsterilized male dog or unspayed female dog. It shall be the duty of the city finance officer at the time of the issuance of the license to furnish and deliver to said applicant a metallic dog tag upon which tag shall be stamped or engraved the registered number of the dog and the year when registered. It shall be the duty of the owner of the dog to place a collar around the neck of the dog or a harness on the dog on which shall be securely fastened a metallic dog tag so furnished by the city finance officer. In case of the loss of any tag so issued, the said city finance Officer is authorized to issue a duplicate upon the payment of one dollar ($1) and upon proof that such tag has been lost. Any dog owner who fails to purchase a license for their dog shall be subject to fine as set in this ordinance (11-1-1).

D. Expiration. All dog licenses shall expire on the 31st day of December following the granting thereof, and shall be renewed by payment of the license fee as provided for in section 5-2-3 C prior to the expiration date; and if said license shall expire, then said applicant, in addition to payment of the regular dog license fee, shall pay an additional license fee of one dollar ($1) per day for the period of time from January 1st of each year up to the date of purchase, which date of purchase shall not extend beyond the 15th day of January of each year. Upon notification to a person of failure to purchase a dog license as herein provided, said person shall have fifteen (15) days from the date of notification within which to purchase said dog license, pay the late filing fee of one dollar ($1) per day up to fifteen (15) days and to pay a ten dollar ($10) penalty to the city finance officer. If said person shall fail to purchase said dog license upon notification as herein provided, a complaint may be made and filed for violating these ordinances.

E. Exceptions. The licensing provisions of this chapter shall not apply to dogs where the owners are nonresidents temporarily within the city, nor to "seeing-eye dogs" properly trained to assist blind persons when such dogs are actually kept for use by blind persons for the purpose of aiding them in going from place to place.

F. Dogs Muzzled. The mayor may, by proclamation, at any time, upon forty-eight (48) hours notice published in the official newspaper of the City of Groton, order that all dogs in the city shall be muzzled in such a manner as to make it impossible for said dogs to bite any person, other dog, or other animal.

5-2-4 Dogs and Other Animals at Large.

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

B. Any animal shall be deemed running at large within the meaning of this section when such animal is not confined upon the premises of its owner or on a leash in the hands of some attendant, or unless such animal, if loose, is accompanied by its owner or attendant.

A. No person owning any dog, cat, or other animal, licensed or unlicenced, confined on the premises or otherwise, shall permit such animal to disturb the peace and quiet of the neighborhood by making loud and/or unusual noises.

B. Upon signed complaint at the police department that any person is keeping or harboring any dog, cat, or other animal which disturbs the peace as herein set forth, it shall be the duty of said police department to notify the owner of said animal in writing of said complaint, and after such owner has been given forty-eight (48) hours notice of such habit, any police officer or person of proper authority is hereby authorized and empowered to go upon the premises and impound such dog, cat, or other animal so disturbing the peace if said act continues.

C. In addition to the costs of impounding of such animal or other penalties prescribed, the owner thereof shall be subject to a fine not to exceed two hundred dollars ($200).

5-2-6 Vicious or Dangerous Animals. If any dog or cat or other animal is of a vicious disposition or has dangerous habits, the police shall attempt to notify in writing the owner of or keeper of such dog, cat, or other animal to confine such dog, cat, or other animal and thereafter the police are authorized, empowered, and directed to kill or cause to be killed such dog, cat, or other animal whether found running at large or upon the premises of the owner of such dog, cat, or other animal forthwith, and without impounding such animal for the immediate protection of the citizens of Groton.

5-2-7 Citizens May Impound Animals. The chief of police or other police officers may receive from any citizen and convey to the animal control shelter any animal found by said citizen running at large contrary to the provisions of this chapter, and in such case, the provision of this chapter shall apply the same as if said animal had been found and impounded by the chief of police or ther officers.

5-2-8 Impoundment by Police. The chief of police is hereby authorized to employ, whenever he deems it necessary, a sufficient number of persons to capture and convey to the animal control shelter, and care for, kill, and dispose of in the manner provided for in this chapter, all dogs, cats, or other animals found running at large contrary to the provisions of this chapter. All dogs, cats, or other animals captured and conveyed to the animal control shelter as established by the city, shall be kept with humane treatment and supplied with sufficient food and water for a period of at least forty-eight (48) hours unless sooner reclaimed by the owner or keeper thereof as provided in this chapter.

5-2-9 Redemption of Animal From Shelter. When the owner or keeper of any dog, cat, or animal impounded shall desire to redeem any dog, cat, or animal at the animal control shelter, such dog or cat or animal may be released upon the payment to the person in charge of such animal control shelter, or to the police officer in charge, or to the city finance officer, the sum of five dollars ($5) for the first time said dog, cat or animal is impounded; the sum of twenty-five dollars ($25) the second time the same dog, cat or animal is impounded; and the sum of fifty dollars ($50) for the third time the same dog, cat or animal is impounded, plus the cost of keeping said dog, cat, or animal at the rate of three dollars ($3) per day; and the person in charge of animal control shelter shall thereupon release such animal to the owner or keeper. All fees collected are to be remitted to the city finance officer for deposit in the general fund as soon as reasonably possible after collection of the same.

5-2-10 Sale of Impounded Animals. It shall be the duty of the person in charge of the animal control shelter before destroying any dog, cat, or animal under the provisions of this chapter, to attempt to sell said dog, cat, or animal at a private sale to any person who is willing to pay a sufficient sum to reimburse the city for all expenses of keeping said animal and the fees provided herein.

5-2-11 Destruction of Unclaimed Animals. At the expiration of forty-eight (48) hours from the date of impounding a dog, cat, or animal, if the owner or keeper thereof shall fail or refuse to comply with the provisions of this chapter for the release of the same and after the provisions of section 5-2-10 fail, it shall be the duty of the person in charge of the animal control shelter or the chief of police to destroy such dog, cat, or animal and cause it to be removed and properly buried; provided that the owner of licensed animals shall have twenty-four (24) hours notice in writing after the expiration of the forty-eight (48) hours, before the same shall be destroyed.

5-2-12 Quarantine. The owner of any animal which has contracted rabies, or which has been subjected to the same, or which is suspected of having rabies, or which shall have bitten any person, shall, upon the demand of the police department or the health department produce and surrender the animal to the department to be held in quarantine for observation for a period of not less than ten (10) days. If examination of any animal shall prove it to be infected with any rabies, such animal shall be disposed of as directed by an officer of such department or licensed veterinarian. The owner of any animal so quarantined shall pay all costs and expenses incurred by the city during the quarantine period for maintenance and examination of such animal including veterinarian expenses.

5-2-13 Removal of Excrement. It shall be unlawful for any person who possesses, harbors, or is in charge of any dog, cat, or animal not to immediately remove excrement deposited by said dog, cat, or animal upon a common thoroughfare, street, sidewalk, play area, park, or upon any other public property, or upon any private property when permission of the owner or tenant of said property has not been obtained, and such is hereby declared to be a public nuisance and prohibited.

5-2-14 Ignorance of the Law is No Excuse. In any proceeding for violation of the provisions of this chapter relating to dogs, cats, or other animals, the use of the words "permit or suffer" shall not be construed as making ignorance a defense, and the knowledge or lack of knowledge of the person or persons committing the act of violating this chapter is immaterial.

5-3-1 Definitions. The term "junk yard" is hereby defined to mean any business for the sale, purchase or storage of salvage material, goods, wares, or merchandise and secondhand goods, including motor vehicles and accessories for motor vehicles or a salvage or wrecking yard or store.

The term "junk dealer" shall mean any person, persons, firm, or corporation engaged in the above defined operation of a junk yard.

5-3-2 License Required. No person shall engage in business as a junk dealer or operate a junk yard within the City of Groton or within one (1) mile thereof without first having secured a license.

5-3-3 Revocation of License. The city council shall have the right to revoke any license granted under this chapter if it determines upon investigation and after notice and public hearing that the licensee has violated any of the provisions of this chapter, provided that notice of the hearing shall be served upon the licensee named in the license at least five (5) days before the hearing, either by personal service of a copy of the notice or by mailing a copy of the same to the person at the address given in the application. Should any license granted under this chapter be revoked, no refund of the license fee shall be made.

5-3-4 Daily Record of Purchases. Every junk dealer shall keep a daily written record of all articles and quantities purchased by him setting forth the name, residence, age, and occupation of the person from whom each article or articles were purchased and the name of the employer of such person, the date and hour the purchase was made, the price paid, and such other information as the chief of police with the approval of the city council shall require. Such record shall at all times be opened for the inspection of police officers or any officer of the law to make investigation and also for securing evidence in connection with any violation of law.

5-3-5 Junk Yard to be Fenced. If located inside or outside the city limits and within one (1) mile thereof, the entire business including buying, selling, and storing must be conducted within a fence obstructing view of the junk yard at least ten (10) feet high, and said business and fence must be located at least thirty (30) feet from any public highway leading into the city.

5-3-6 One Day Storage. No goods, material, wares, merchandise, motor vehicles, or accessories for motor vehicles or any salvage goods, wares, merchandise, or materials including used electrical and/or gas appliances of all descriptions shall be kept, stored, or placed for a longer period than one (1) day outside of such building or fence.

5-3-7 Penalty. Any person, firm, or corporation violating this ordinance shall be fined according to the penalties described in this ordinance (11-1-1). Every day of such violation shall constitute a separate and distinct violation.

5-3-8 Purchasing Junk from Minors. It shall be unlawful for any person or persons, firm, or corporation to purchase or receive from any person under the age of eighteen (18) years any article, goods, or things commonly known and classed as junk, any bottle, pipe or pipe fittings, lead, iron or brass, tools or implements, or any goods or wares of secondhand character, or any rubber, overshoes, boots, or rubber goods of any nature, either secondhand or new, without the written consent of such minor's parent or guardian, which writing shall be kept by such person or persons, firm, or corporation and be subject to the inspection of any police officer of the City of Groton.

To Table of Contents

Chapter 6-1 Offenses against Public Welfare

Chapter 6-2 Offenses as to Public Places

Chapter 6-3 Offenses as to Property

Chapter 6-4 Fireworks, Firearms, and Explosives

Chapter 6-5 Minors

6-1-1 Disturbing the Peace. No person shall disturb the peace of the city or any person by violent, tumultuous, or offensive conduct, or by loud or unusual noises or by profane, obscene, indecent, violent, or threatening language, or by assaulting, striking another person, or attempting to assault or strike another person, or inviting or defying another person to fight or quarrel, or by willfully and maliciously destroying or attempting to destroy or injure any property belonging to another, or by engaging in a fight with another.

6-1-2 False Emergency Alarms Prohibited. No person shall knowingly make or give any false alarms of fire or other emergency by calling or causing to be called the fire department, the police officers, or any authorized emergency vehicle.

6-1-3 Depositing Litter. It shall be unlawful for any person, firm, corporation, or business to dump, deposit, drop, throw, discard, leave, cause or permit the leaving of litter upon any public or private property within the City of Groton or upon private property owned by the City of Groton except as allowed in 4-1-13. Litter includes, but is not limited to any garbage, trash, refuse, debris, rubbish, newspapers, magazines, glass, metal, plastic or paper containers or other packaging, construction material, furniture, oil, carcass of a dead animal, any nauseous or offensive matter of any kind, or anything else of an unsightly or unsanitary nature.

6-2-1 Crowds Obstructing Streets. It shall be unlawful for persons to stand on any public street or sidewalk in such manner as to obstruct free passage thereon, or to annoy other persons passing along the same. Any policeman is authorized to disperse any crowd or group or to cause the removal of any person violating the provisions of this section, and to summarily arrest any person in case of refusal to obey any reasonable direction given by such officer for the purpose of clearing the way or preventing annoyance to any passerby on any public street or sidewalk.

6-2-2 Prohibiting Persons From Taking or Carrying Opened Containers of Alcohol in Public Places. No person shall take, carry, or have in his possession upon a street, alley, sidewalk, or public grounds of the city any opened can, bottle, or other container in which there shall be any quantity of beer or other alcoholic beverage unless allowed by a temporary permit issued in accordance with SDCL Title 35 as amended.

6-2-3 Goods on Sidewalk. No person shall place any goods or merchandise for sale or exhibition upon any sidewalk, except that such articles may be placed upon the outer side of the sidewalk for such time as may be necessary to load or unload the same, but on no instance shall any such article be left upon the sidewalk in the night time or in such as to obstruct the sidewalk.

6-3-1 Malicious Mischief. It shall be unlawful for any person to willfully or maliciously deface, injure, remove, or destroy any personal property, real property, building, or other thing within the City of Groton.

6-3-2 Injuring Signs. No person shall deface, remove, change, mar, or in any way interfere with or obliterate either wholly or in part any sign, signboard, or card placed, posted, extended, or erected by the city.

6-3-3 Disturbing Birds. It shall be unlawful for any person to willfully or maliciously kill or wound any bird or birds within the public parks or streets of the City of Groton, or to willfully or maliciously rob or destroy the nest of any bird located within the public parks or streets of the City of Groton.

6-3-4 Unauthorized Connection With Gas, Water, or Electrical Pipe or Wire. No person shall, without lawful authority, connect with any main service line, pipe, wire, or other device for the purpose of obtaining gas, water, or electrical current therefrom. No person shall, with intent to defraud, interfere with any meter installed to register the full amount of gas, water, or electricity supplied to any customer.

6-3-5 Interference With City Property. No person shall climb or in any matter interfere with any building, water tower, or structure belonging to the city, without being authorized to do so by the city; and no person shall in any manner injure or deface any such structure.

6-4-1 Discharge of Firearms or Air Rifles. It shall be unlawful for any person, except a police officer in the performance of an official act, to discharge or fire any gun, air rifle, sling shot, or other dangerous weapon within the city limits of the City of Groton.

6-4-2 Fireworks. It shall be unlawful for any person to sell, keep for sale, or offer for sale to any person in the City of Groton any firecrackers, Roman Candles, rockets, or other fireworks or explosives from which firecrackers, blank cartridges, or other fireworks may be made or manufactured.

Fireworks shall be defined as those fireworks classified by the US Department of Transportation as Class C (Common) Fireworks (C.F.R. Title 49 - Transportation, Part 173.100 (r)) effective on January 1, 1983, including but not limited to those fireworks designed primarily to produce visible effects by combustion, that must comply with the construction, chemical composition, and label regulations promulgated by the US Consumer Products Safety Commission (C.F.R. Title 16 -Commercial Practices, Part 1507), effective on January 1, 1983.

No person shall discharge or shoot any fireworks or firecrackers of any kind, within the City of Groton. Public display of fireworks is permitted at any time with the written consent of the city council.

6-5-1 Curfew. It shall be unlawful for any boy or girl under the age of seventeen (17) years to be on the streets, alleys, or public grounds of the City of Groton between the hours of 11:00 p.m. and 6:00 a.m., on Sunday-Monday, Monday-Tuesday, Tuesday-Wednesday, Wednesday-Thursday, or Thursday-Friday; and between the hours of 12:30 a.m. and 6:00 a.m. on Friday-Saturday or Saturday-Sunday unless accompanied by some person of majority age having lawful custody or control over said minor or unless on some errand by permission or direction of his or her parents, guardian, or employer. He or she while on such errand shall not loiter on the way or make any undue noise by shouting or yelling or otherwise disturb the peace and quiet of the city.

6-5-2 Penalty. Any boy or girl who violates any of the provisions of section 6-5-1 shall be subject to arrest by any police officer or any citizen without process. Upon such arrest, he or she shall be taken and delivered into the hands of his or her parents or guardian. Upon a second or any subsequent arrest, such offender shall be taken by such police officer or person and presented to the circuit court of Brown County to be handled and punished as provided by law. Any parent or guardian or any person having lawful custody or control of any minor under the age of seventeen (17) years who shall allow, or permit said minor to violate the provisions of this chapter shall upon conviction thereof be subject to the penalties established in this ordinance (11-1-1).

To Table of Contents

Chapter 7-1 Flood Zone

Chapter 7-2 Flood Hazard Reduction

7-1-1 Definitions. Terms used in this chapter unless the context otherwise plainly requires, shall mean:

A. Appeal - a request for a review of the finance officer interpretation of any provisions of this ordinance or a request for a variance.

B. Area of Special Flood Hazard - the land in the flood-plain within a community subject to a one percent or greater chance of flooding in any given year.

C. Base Flood - the flood having a one percent chance of being equaled or exceeded in any given year.

D. Development - any man-made change to improved or unimproved real estate, including but not limited to buildings, paving, excavation, or drilling operations located within the area of special flood hazard.

E. Existing Manufactured Home Park or Subdivision - a manufactured home park for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads) are completed before July 1, 1990.

F. Expansion to Existing Manufactured Home Park or Subdivision - the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

G. Flood or Flooding - a general and temporary condition of partial or complete inundation of normally dry land areas from:

1) The overflow of inland or tidal waters and/or

2) The unusual and rapid accumulation or runoff of surface waters from any source.

H. Flood Insurance Rate Map (FIRM) - the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

I. Flood Insurance Study - the official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood.

J. Floodway - the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

K. Lowest Floor - the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance.

L. Manufactured Home - a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".

M. New Manufactured Home Park or Subdivision - a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets) and completed after July 1, 1990.

N. New Construction - structures for which the "start of construction" commenced on or after July 1, 1990.

O. Recreational vehicle - a vehicle which is (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projections; (3) designed to be self-propelled or towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

P. Start of Construction - the date the building permit was issued for new construction or for substantial improvements, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footing, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

Q. Structure - a walled and roofed building or manufactured home that is principally above ground.

R. Substantial Improvement - any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

1) before the improvement or repair is started, or

2) if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whetheror not that alteration affects the external dimensions of the structure.

The term does not, however, include either:

1) any project for improvement of the structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or

2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

S. Variance - a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance.

7-1-2 Lands To Which Flood Zone Applies. This title shall apply to all areas of special flood hazard within the jurisdiction of the City of Groton identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study" for the City of Groton dated September, 1988, with an accompanying Flood Insurance Rate Map (FIRM), is hereby adopted by reference and declared to be part of this ordinance. Located within areas of special flood hazard are areas designed as floodways. The Flood Insurance Study and FIRM are on file at the City Finance Office, 209 N Main, Groton, South Dakota.

7-1-3 Development Permit. A development permit shall be obtained before construction of development begins within any area of special flood hazard established in 7-1-2, application for a development permit shall be made on forms furnished by the Finance Officer and may include, but not be limited to:

Plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

A. Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;

B. Elevation in relation to mean sea level to which any structure has been floodproofed;

C. Certification by a registered professional engineer or architect that the floodproofing methods for any non-residential structure meet floodproofing criteria in 7-2-5; and,

D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

7-1-4 Application. In the interpretation and application of this title, all provisions shall be:

A. Considered as minimum requirements;

B. Liberally construed in favor of the governing body;

C. Deemed neither to limit nor repeal any other powers granted under State statutes.

D. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Groton, any officer or employee thereof, or the Federal Emergency Management Agency for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.

E. The finance officer is hereby appointed to administer and implement this ordinance by granting or denying development permit applications in accordance with its provisions. Duties of the finance officer shall include, but not be limited to:

1. Review all development permits to determine that the permit requirements of this ordinance have been satisfied;

2. Review all development permits to determine that all necessary permits have been obtained from federal, state, or local governmental agencies from which prior approval is required.

3. Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of 7-2-7 A. are met.

4. When base flood elevation data has not been provided, the finance officer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from any source and require that new construction, substantial improvements, or other development in Zone A are administered in accordance with 7-2-4, 7-2-5, & 7-2-6.

5. Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.

6. For all new or substantially improved floodproofed structures:

a. Verify and record the actual elevation (in relation to mean sea level) to which the structure has been floodproofed.

b. Maintain the floodproofing certificates required in 7-1-3 C.

7. Maintain for public inspection all records pertaining to the provisions of this ordinance.

8. Alteration of Watercourses:

a. Notify adjacent communities and the South Dakota Department of Environment and Natural Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

b. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

9. Interpretation of FIRM Boundaries, where needed, as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in 7-1-4 F.

10. Maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency.

F. The Groton City Council, as established by the City of Groton, shall hear and decide appeals and requests for variances from the requirements of this ordinance.

1. The Groton City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Finance Officer in the enforcement or administration of this ordinance.

2. Those aggrieved by the decision of the Groton City Council, or any taxpayer, may appeal such decisions to the Brown County Circuit Court as provided in SDCL 1-26.

3. In passing upon such applications, the Groton City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and:

a. the danger that materials may be swept onto other lands to the injury of others;

b. the danger of life and property due to flooding or erosion damage;

c. the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners;

d. the importance of the services provided by the proposed facility to the community;

e. the necessity to the facility of a waterfront location, where applicable;

f. the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

g. the compatibility of the proposed use with the existing and anticipated development;

h. the relationship of the proposed use to the comprehensive plan and floodplain management program for hat area;

i. the safety of access to the property in times of flood for ordinary and emergency vehicles;

j. the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and

k. the costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, streets and bridges.

4. Upon consideration of these factors and the purposes of this ordinance, the Groton City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.

7-1-5 Variances. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items 7-1-4 F.3.a.-k. have been fully considered. As the lot size increases beyond the one-half acre, the technical justifications required for issuing the variance increases. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

Variances shall only be issued upon:

A. a showing of good and sufficient cause;

B. a determination that failure to grant the variance would result in exceptional hardship to the applicant; and

C. a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expenses, create nuisances, cause fraud on or victimization of the public as identified in 7-1-4 F. 3. or conflict with existing local laws or ordinances.

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk from the reduced lowest floor elevation.

7-2-1 Anchoring. All new construction and substantial improvements shall be anchored to event floatation, collapse, or lateral movement of the structure and capable of resisting the hydrostatic and hydrodynamic loads.

All manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement and capable of resisting the hydrostatic and hydrodynamic loads. Methods of anchoring may include, but are not limited to use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. Specific requirements may be:

A. over-the-top ties be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations, with manufactured homes less than 50 feet long requiring one additional tie per side.

B. frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with manufactured homes less than 50 feet long requiring four additional ties per side;

C. all components of the anchoring system be capable of carrying a force of 4,800 pounds; and

D. any additions to the manufactured home be similarly anchored.

7-2-2 Construction Materials and Methods. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage, using methods and practices that minimize flood damage, with electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

7-2-3 Utilities. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

7-2-4 Residential Construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated to or above the base flood elevation.

7-2-5 Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall: be floodproofed so that below the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water; have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this paragraph. Such certifications shall be provided to the official as set forth in 7-1-4 E. 6.

7-2-6 Manufactured Homes. Manufactured homes shall be anchored in accordance with 7-2-1. All manufactured homes or those to be substantially improved shall conform to the following requirements:

A. Require that manufactured homes that are placed or substantially improved on a site

1) outside of a manufactured home park or subdivision,

2) in an expansion to an existing manufactured home park or subdivision, or

3) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

B. Require that manufactured homes that are placed or substantially improved on sites in existing manufactured home parks or subdivision that are not subject to the provisions in (A) above be elevated so that either

1) the lowest floor of the manufactured home is at or above the base flood elevation, or

2) the manufactured home chassis is supported by reinforced piers or other foundation elements that are not less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement.

7-2-7 Floodway. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

A. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

B. If 7-2-7 A. is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of 7- 2.

To Table of Contents

Chapter 8-1 Utilities, General

Chapter 8-2 Plumbing Code

Chapter 8-3 Sewers

Chapter 8-4 Water

Chapter 8-5 Electricity

8-1-1 Consumer Defined. Any location supplied with utility service from the city which is one of the following:

A. Residential Consumer. Any person, family, or association of persons occupying and using a dwelling or apartment and who is not a commercial consumer. (The main place of worship for an organized, recognized religion shall also fall under residential rates.)

B. Commercial Consumer. Any person, family or association of persons, partnership or corporation conducting a business or operating an office in at least seventy-five (75) percent of the building at the location.

C. Demand Consumer. Any commercial consumer supplied by electrical power from the city electrical system who uses over six thousand (6,000) kilowatt hours in a given monthly billing period or has at least a twenty (20) kilowatt demand reading for any fifteen (15) minute interval in a given monthly billing period. (Upon conversion from commercial consumer to demand consumer, the demand consumer will remain on the demand rate for at least one (1) year.)

8-1-2 Application. Any consumer desiring any utility service furnished by the city, including water, sewer, or electricity, shall make application for the same to the city council. Such application shall contain the applicant's name, address, and the uses for which such service is desired. A separate application shall be made for each premises to be served. The applicant shall abide by the rules and regulations established by the city relative to utility service in effect at the time of such application and as revised from time to time in addition to conditions and agreements as the city council shall deem advisable.

8-1-3 Deposit. Any applicant for City utility service shall make a cash deposit in an amount set by the city council. The deposit is also an indemnity against theft, misplacement, or injury to city equipment. The deposit shall be returned when the consumer shall give due notice of discontinuing utility service and is free from indebtedness to the city.

8-1-4 Rates. Rates for the use of utilities furnished by the city shall be established by resolution by the Groton City Council.

8-1-5 Consumer's Bills. Utility bills become due and payable upon receipt. If not paid by the twentieth (20th) of the month, they become delinquent. If the bill remains unpaid on the twentieth (20th) day of the month in which it becomes due, the consumer is notified by mail that if the account is not paid in full ten (10) days from the date of notice, disconnection of service will be effected without further notice, unless the consumer requests a hearing before the city council to answer as to why the bill has not been paid. The city council may at its discretion enter into agreements with consumers as to mutually satisfactory payment plans for delinquent bills. Should no payment plan be reached or the delinquent consumer fails to show cause why service should not be terminated, the city council shall order that the service be terminated without further notice to the consumer. Termination of service may be accomplished at any time, day, or month of the year for cause as determined by the city council.

8-1-6 Budget Payment Plan. Residential and commercial consumers may participate in the Budget Payment Plan under the conditions and terms outlined below for the paying of utility bills. Once a residential or commercial consumer has twelve months of continuous city utility usage history, he, she or it may elect to participate in this Budget Payment Plan. The residential or commercial consumer must execute a written agreement at the city finance office in order to participate. The residential or commercial consumer must be current with their past utility bills with the city and have not discontinued a previous Budget Payment Plan with the city within the last twelve months. The city finance officer, when application is made, shall calculate the monthly Budget Payment Plan amount by dividing the cumulative total of the last twelve months of utility billings for the residential or commercial consumer by 12. The city finance officer shall review each residential or commercial consumer account at six month intervals from the election to participate in the plan and make any adjustments necessary by either increasing the average monthly payment in the case of a debit balance or decreasing the monthly balance in case of a credit balance. On the anniversary date of the election to participate in the plan, a residential or commercial consumer at their option may choose to have an actual account credit balance refunded to them in cash or apply the credit against the next annual Budget Payment Plan or in the case of a debit balance due on that account, the residential or commercial consumer shall pay the debit balance in full before being allowed to participate in the Budget Payment Plan for the following year. Each monthly payment under the Budget Payment Plan must be paid by the 10th of the month when due in order to avoid a penalty on the previous month's charges. Each residential or commercial consumer must participate in the Budget Payment Plan for one full year at a time and may not terminate the plan within that year unless that residential or commercial consumer is discontinuing utility service in which case the residential or commercial consumer must balance his account with the city finance officer either by seeking a credit balance refund or paying the full amount of the debit balance on that account. All other provisions of Chapter 8-1 shall remain in full force and effect.

8-1-7 Restoration of Service. All utilities disconnected for nonpayment must pay a reconnect fee as set by the city council plus payment in full of the account before any utilities will be reconnected. Reconnections will be made only during business hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. Utilities voluntarily disconnected shall also require a reconnect fee as set by the city council and on file in the office of the finance officer.

8-1-8 Owner, Lessee Liable. The owner of property, which is serviced by municipal utilities from the city, shall, as well as the lessee or occupant of the property, be liable to the city for the utility bills set forth in 8-1-5, which may be recovered in an action against such owner, lessee or occupant or against any or all of them, jointly or severally. The provisions contained in 8-1-5 and 8-1-7 shall equally apply to the owner of the property as they do to the consumer/lessee or occupant.

8-1-9 Tampering With City Equipment. Should the city discover damage to its equipment or an attempt to tamper with such equipment or an attempt to falsify the amount of water, sewer, or electric current used, or the amount due the city for utility service, the city may serve notice upon the consumer of a hearing that is to be held where the consumer may show cause why service should not be discontinued. This notice shall state the reason for the hearing and the time and place it is to be held.

Should the city council find that a violation of this section has occurred and that there is no justification for said violation, the city council may order immediate termination of service and service shall be reinstated only upon conditions established by the city council.

8-1-10 User Responsible for Operation and Maintenance of Water and Sewer Lines. Each occupied residence must have a usable water and sewer service. The City of Groton shall be responsible for the maintenance and proper operation of the water and sewer mains only. Any other water or sewer line, including the corporation valves attached to the mains, shall be the exclusive responsibility of the property owner. All owners must, at their own expense, keep their service pipe, from the point of connection to the main, and all other equipment in good working order and properly protected from frost and other damage. The water superintendent may determine if corporation valves, which are no longer working properly need, to be replaced. Thirty (30) days after written notice from the water superintendent, if the shut-off valve has not been replaced, the water superintendent shall cause such repairs to be made and the cost of these repairs shall be assessed against the property. In the event that a property owner must excavate to repair a line, it shall be his responsibility to fill in such excavation to the satisfaction of the city. It shall be the responsibility of the city to replace the pavement displaced by such excavation at the cost of the property owner.

8-1-11 City Not Liable for Damage. No claim shall be made against the city by reason of the breaking of any service pipe or equipment, or for any other damage that may result from shutting off water for repairing or any other purpose, or for any variation in pressure, or ram of water from mains, and no reduction will be made from regular rates because of leaking pipes or fixtures. The city shall not be liable for damage or injury to person or property whether caused by fire, interruption of service, downed lines, blackouts, brownouts, discontinuance of service, or other utility-related problems which shall arise from mechanical breakdowns, electricity supply reductions, and act of God, or other cause beyond the control of the city.

8-1-12 Bankruptcy of Consumer. Notwithstanding any provision in Title 8 of this ordinance, the City of Groton may not alter, refuse, or disconnect service to, or discriminate against, the trustee or a debtor in bankruptcy solely on the basis that a debt is owed by the debtor to the city for service rendered before the bankruptcy petition is filed. The City of Groton may disconnect service if neither the trustee or the debtor in bankruptcy, within twenty (20) days after the date of the bankruptcy petition is filed, furnishes adequate assurance of payment, in the form of a deposit or other security, for service after such date. The amount of such deposit shall be determined by the city finance officer. On request of a party in interest and after notice and a hearing, the court may order reasonable modification of the amount of the deposit or other security necessary to provide adequate assurance of payment.

8-1-13 Powers and Authority of Inspectors. Superintendents and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties upon reasonable notice for the purposes of inspection, observation, measurement, sampling, and testing pertinent to utility service to the community system in accordance with the provisions of this title.

8-1-14 Utilities to Nonresidents. The City may provide utilities and a delivery system to areas outside of the city limits to include both residential or commercial use provided that the City complies with all state laws and regulations in doing so. All nonresident users of the City’s utilities and delivery systems shall agree in writing to be bound by all of the above ordinance in Title 8-1.

8-2-1 Adoption of Plumbing Codes. There is hereby adopted by the city council for the purpose of establishing rules and regulations governing plumbing as defined in this code including permits and penalties, the plumbing codes known as "The State Plumbing Code" as adopted by the South Dakota Plumbing Commission and "The National Plumbing Code" as adopted by the American Standards Association, being particularly the most recent editions thereof, and the whole thereof, excepting such portions as are hereinafter deleted, nullified, or amended, copies of which are on file in the office of the finance officer. Each code is hereby adopted and incorporated as fully as if set out at length herein and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling pertaining to plumbing, as defined in this code, within the corporate limits of the City of Groton, but in the event provisions of the National Plumbing Code are in conflict with provisions of the State Plumbing Code, provisions of the State Plumbing Code shall prevail.

8-2-2 Adoption of National Electrical Code. There is hereby adopted by the City of Groton for the purpose of establishing rules and regulations to govern the use of electricity for light, heat, power, radio, and for other purposes that certain electrical code known as the National Electrical Code, recommended by the National Board of Fire Protection Assoc., being particularly the most current edition thereof and the whole thereof, save and except such portions as are hereafter deleted, modified, or amended a copy of which is on file in the office of the city finance officer of the City of Groton and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provision thereof shall be controlling within the corporate limits of the City of Groton.

8-2-3 Regulation the Installation of Utility Wires, Cables, Lines, Pipes, Conduits, and the Like. All utility wires cables, lines, pipes, conduits, and the like installed in the city shall be regulated pursuant to the national electric code or the national plumbing code adopted in the above ordinances but, at all times, the forgoing utilities shall be buried underground at a minimum level of 18 inches below the surface level unless approved to be placed on elevated posts. Such installation shall first be approved by the city coordinator and information provided to the city coordinator that allows for the creation of or adding to a diagram, map, or plat of existing buried utilities on the City of Groton. No person shall be allowed to remove the buried utilities approved by the City coordinator unless first approved by the city coordinator and appropriate changes made upon the diagrams, maps, or plats of the buried utilities on file at the city coordinator’s office in reference to buried utilities in the city. Any installer of utilities or the property owner to which utilities are supplied shall make application to the city coordinator to gain a variance to these requirements which permission shall first be submitted in writing and obtained in writing from the city coordinator. Any violation of this ordinance shall carry with it the assumption of all responsibility and risk for failure to meet the requirements hereof, i.e. damage to the utilities by third parties including the city officers, agents, and employees.

8-2-4 Enforcement. The administration and enforcement of this ordinance shall be the duty of the city council who is hereby authorized to take such actions as may be reasonably necessary to enforce the purposes of the state and national codes. Such persons may be appointed and authorized as assistants or agents of such administrative authority as may be necessary to carry out the provisions of the codes.

8-2-5 Repeal and Interpretation. All ordinances or parts of ordinances in conflict with the provisions of the State Plumbing Code are hereby repealed, and in the event any ordinance or part of ordinance of the City of Groton is inconsistent in any manner with the provisions of said State Plumbing Code, then in that case the provisions of the State Plumbing Code shall govern.

8-3-1 Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:

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

Building Drain. That part of the lowest horizontal piping of a drainage system which receives the discharge from the 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.

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

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

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

Floatable Oil. Oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in a an approved pretreatment facility.

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

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

May. Whenever the word "may" appears, it is permissive.

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

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

pH. The logarithm of the reciprocal of the hydrogenion 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 hydrogenion concentration of 10-7.

Properly Shredded Garbage. The wastes from the preparation, cooking, and dispensing of food that has 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 one-half (1/2) inch (1.27 centimeters) in any dimension.

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

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.

Sewage. The spent water of a community. The preferred term is "wastewater."

Sewer. A pipe or conduit that carries wastewater or drainage water.

Shall. Whenever the word "shall" appears, it is mandatory.

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 of flows during the normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.

Storm Drain or Storm Sewer. A drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.

Superintendent. The superintendent of wastewater facilities, and/or superintendent of public works of the City of Groton, or his authorized deputy, agent, or representative.

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 removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater" and referred to as nonfilterable residue.

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

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 stormwater that may be present.

Wastewater Facilities. The structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and disposes of the effluent.

Wastewater Treatment Works. An arrangement of devices and structures for treatment wastewater, industrial wastes, and sludge. Sometimes used as synonymous with "waste treatment plant" or "wastewater treatment plant" or "water pollution control plant."

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

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

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

C. 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.

D. The owner of a house or building, used for human occupancy, employment, or recreation, situated within the city and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the city, 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 chapter, within one hundred twenty (120) days after date of official notice to do so, provided that the public sewer is within two hundred (200) feet of the property line.

E. The procedure for determining equitable sewer charges to be levied on all users which discharge wastewater to the city wastewater system is established by ordinance and kept on file in the office of the Finance Officer.

A. Where a public sanitary sewer is not available under the provisions of section 8-3-2(D), the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this section (8-3-3.)

B. Before commencement of construction of a private wastewater disposal system, the owner shall first obtain a written permit signed by the superintendent. The application for such permit shall be made on a form furnished by the city, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the superintendent. A permit and inspection fee of twenty-five ($25) dollars shall be paid to the city at the time the application is filed.

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

D. The type, capacity, location, and layout of a private wastewater disposal system shall comply with all the recommendations of the department of public health of the State of South Dakota. No permit shall be issued for any private wastewater disposal system employing subsurface soil absorption facilities where the area of the lot is less than 43,560 square feet (1 acre). No septic tank or cesspool shall be permitted to discharge to any natural outlet.

E. At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in section 8-3-3(D), a direct connection shall be made to the public sewer within sixty (60) days in compliance with this chapter, and any septic tanks, cesspools, and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.

F. The owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the city. The city may notify the owner upon receipt of a complaint and the owner must comply within forty-eight (48) hours.

G. No statement contained in this chapter shall be construed to interfere with any additional requirements that may be imposed by the health officer.

8-3-4 Sanitary Sewers, Building Sewers, and Connections.

A. No unauthorized person shall uncover, make any connections with or open into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the superintendent.

B. There shall be two (2) classes of building sewer permits: (1) for residential and commercial service; and (2) for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the superintendent. A permit and inspection fee for a residential, commercial or industrial building sewer permit shall be paid to the city at the time the application is filed. The amount of the fee shall be set by resolution of the city council, which is on file at the finance office.

C. All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

D. A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another or an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway. The building sewer from the front building may be extended to the rear building and the whole considered as one building sewer, but the city does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.

E. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the superintendent, to meet all requirements of this chapter.

F. The size, slope, alignment, materials of construction of all sanitary sewers including building sewers, and the methods to be use in excavating, placing of the pipe, jointing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or applicable rules and regulations of the city and the State of South Dakota. In the absence of suitable code provisions or in amplification thereof, the materials and procedures set forth in the appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.

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

H. No person shall make connection of roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the superintendent and the South Dakota State Department of Health for purposes of disposal of polluted surface drainage.

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

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

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

8-3-5 Use of Public Sewers.

A. No person(s) shall discharge or cause to be discharged any unpolluted waters such as stormwater, surface water, groundwater, roof runoff, subsurface drainage, or cooling water to any sewer, except stormwater runoff from limited areas, which stormwater may be polluted at times, may be discharged to the sanitary sewer by permission of the superintendent and the South Dakota State Department of Health.

B. Stormwater other than that exempted under section 8-3-5(A) and all other unpolluted drainage shall be discharged to such sewers as specifically designated as storm sewers, or to a natural outlet approved by the superintendent and the South Dakota Department of Health. Unpolluted industrial cooling water or process waters may be discharged, on approval of the superintendent, to a storm sewer or natural outlet.

C. No person shall discharge or cause to be discharged any of the following described water or wastes to any public sewers:

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

2. Any waters containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to contaminate the sludge of any municipal system, to injure or interfere with any sewage treatment process, to constitute a hazard to humans or animals, to create a public nuisance, or to create any hazard or adverse effect on the waters receiving any discharge from the treatment works.

Each user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge of the Groton treatment works shall pay for such increased costs.

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

D. The following described substances, materials, waters, or waste shall be limited in discharges to municipal systems to concentration or quantities which will not harm either the sewers, the sludge of any municipal system, or the wastewater treatment process or equipment, nor have an adverse effect on the receiving stream, nor otherwise endanger lives, limb, public property, or constitute a nuisance. The superintendent may set limitations lower than the limitations established in the regulations below, if, in his opinion, such more severe limitations are necessary to meet the above objectives. In forming his opinion as to the acceptability, the superintendent will give consideration to such factors as the quantity of subject waste in elation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of 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 one hundred fifty (150) degrees Fahrenheit (65 degrees Celsius).

2. Wastewater containing more than twenty-five (25) milligrams per liter of petroleum oil, non-biodegradable cutting oil, or products 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 section 8-3-1, definitions). Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.

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

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

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

8. Quantities of flow, concentrations, or both which constitute "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 amendable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

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

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 section 8-3-5(D) of this chapter, and which in the judgement of the superintendent, may have a deleterious effect upon the wastewater facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the superintendent may:

1. Reject the wastes;

2. Require pretreatment to an acceptable condition for discharge to the public sewers;

3. Require control over the quantities and rates of discharge and/or;

4. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of section 8-3-5(K) of this chapter. If the superintendent permits the pretreatment or equalization of waste flow, the design and installation of the plants and equipment shall be subject to the review and approval of the superintendent and the South Dakota State Department of Health.

F. Grease, oil, and sand interceptors shall be provided when, in the opinion of the superintendent, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts as specified in section 8-3-5(E) (3), or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the superintendent and the South Dakota State Plumbing Code, and shall be located so as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner shall be responsible for the proper removal and disposal by appropriate means of the captivated material and shall maintain records of the dates and means of disposal which are subject to review by the superintendent. Any removal and hauling of the collected materials not performed by owner personnel must be performed by currently licensed waste disposal firms.

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

H. When required by the superintendent, 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 in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such structures, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the superintendent. The structures 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.

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

1. Wastewater's discharge peak rate and volume over a specified time period.

2. Chemical analyses of wastewaters.

3. Information on raw materials, processes, and products affecting wastewater volume and quality.

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

5. A plot plan of sewers on the user's property showing sewer and pretreatment facility location.

6. Details of wastewater pretreatment facilities.

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

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

K. No statement contained in this section (8-3-5) shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment.

8-3-6 Destruction of Property. No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the wastewater facilities. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

8-3-7 Powers and Authority of Inspectors.

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

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

C. While performing the necessary work on private properties referred to in section 8-3-7(A), the superintendent or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the city employees, and the city shall indemnify the company against loss or damage to its property by the city employees and against liability claims and demands for personal injury or property damage asserted against the company growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in section 8-3-5(H).

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

A. Any person found to be violating any provision of this chapter except section 8-3-6 shall be served by the city with written notice stating the nature of the violation and providing notice to the offender to permanently cease all violations with ten (10) days.

B. Any person who shall continue any violation beyond ten (10) days shall upon conviction thereof be subject to the penalties provided in this ordinance (11-1-1). Each day in which any such violation shall continue shall be deemed a separate offense.

C. Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss, or damage occasioned the city by reason of such violations, including attorney fees incurred to enforce these provisions.

8-4-1 Permit. Any person desiring water service from the city shall make application to the city finance officer and shall furnish a hookup fee in an amount set by the city council with that application as evidence that he or she will comply with all ordinances pertaining to such service. Upon the filing of the application and the payment of the permit fee and deposit, a permit shall be issued authorizing the connection to be made at the place provided for therein. No tap shall be made until a permit is issued therefore.

8-4-2 Authorization Required to Tap Mains. No person shall be permitted to tap the distribution pipes or insert stop cocks or ferrules therein unless authorized by the water superintendent. No plumber or any other person shall make any attachment to any old pipe or water fixture on premises from which water has been off unless the city has reissued a permit for the same. Nor shall any plumber or other person make any alteration in any pipe or water fixture attached to the water works distributing pipes to conduct water into adjoining premises or into stables, baths, water closets, wash basins, cisterns, fountains, or for any other purpose whatever without application having first been made and written permit obtained. The plumber shall close the stop cock at the sidewalk at the completion of any job of plumbing work and return his permit.

8-4-3 Lead-Free Pipes. No person shall be permitted to connect to the city's water main, except existing connections, unless the consumer provides, at his own expense, copper pipe, fitting and joints from the city's water main to the consumer's curb stop if it is an existing structure to which the after service is provided. If the consumer's existing water line connection needs to be repaired or replaced, and thus excavation conducted to expose the water line connection, then at that time, a lead-free pipe must be exposed or a copper pipe must be installed. All new or existing dwellings, business structures or improvements shall meet the appropriate federal and state statutory requirements for lead-free pipes, fittings and joints in its water distribution system, other wise the city will not provide water service to that new or existing dwelling, business structure or improvement. The city assumes no liability for providing water service to consumers owning existing structures that may have lead pipes, fittings or joints, since all consumers in the city have been notified in writing of the potential for lead contamination in their water at their tap caused by their continued use of lead pipes, fittings and joints.

8-4-4 Plumber to Report. All plumbers shall make full return of the ordinary and special uses to which water is designated to be supplied under any permit granted by the city with a description of all the apparatus and arrangements for using the water in every case. The return is to be made by the plumber who obtained the permit, within forty-eight (48) hours after the completion of said work and filed with the finance officer. The plumber's return shall also state the name of the street in which the pipe has been tapped and whether the service pipe enters on the north, south, east, or west side of the street, exact location of the stop cock and any other particulars that the case may call for. For any misrepresentation or omission in the statement of work done or apparatus set, through which there may be water used, the license of plumber may be revoked if it appears to be willful.

8-4-5 Inspections. The water superintendent or such person as he may direct shall be authorized to enter and have free access at all reasonable hours to premises to ascertain the location and condition of all hydrants, pipes, or other fixtures attached to the water works; and in case he finds water is wasted on account of negligence or for want of repairs and if such waste is not immediately remedied, the water leading to such premises shall be turned off. It shall also be the duty of said officer in case he discovers any defect in a private pipe in the street to give notice in writing to be left at the premises, and if necessary repairs are not made within forty-eight (48) hours thereafter, the water shall be shut off and shall not be turned on again until the repairs have been made and a reconnection fee has been paid to the finance officer.

8-4-6 Meter Required. All places supplied with water shall be metered by a meter of a type approved by the city council installed at the cost of the owner or user. All meters shall be tested before installation.

8-4-7 Meter Sealed. Upon the installation of meters, they shall be sealed both at register box and couplings, with a form of seal designated by the city council, and these seals must not be broken except upon its authority. Any person violating this provision shall upon conviction thereof be subject to the penalties provided in this ordinance (11-1-1).

8-4-8 Repair and Return of Meters. The city will make all necessary repairs to meters and all repairs to the meters shall be made at the expense of the owner of the premises or user and may be charged against the rental account of such owner or user and become payable as water rent.

8-4-9 Replacing of Meters. The water superintendent shall determine if water meters which are no longer working properly need to be replaced. The city shall provide a new replacement meter and install said meter at the owner or user's expense. Any additional repairs needed on the property owner's pipes or property to install such meter will also be at the expense of the property owner. With a new replacement meter, the city shall install a dual check valve approved by the American Water and Wastewater Association at the property owner's expense.

Any new or replacement encasement for underground meters must be of metal, concrete, or poly-vinylchoride (PVC) with an outside dial for guaranteed accessibility to city employees.

Fifteen (15) days after written notice from the water superintendent, if the meter has not been replaced, the water rates for the household or business shall be charged at $50 for that month and the water service to the property will be disconnected.

8-4-10 Meter Reading. All meters shall be read by a person designated by the city council and at all times meters must be accessible to reading. All meters will be read on or about the fifteenth (15) day of each month.

8-4-11 Testing Meters. If the consumer doubts accuracy of any meter, he may have the meter tested by the city. If the meter is more than three (3) percent fast, proper deductions will be made from the bill for the preceding period. If the meter is more than three (3) percent slow, the proper amount will be added to the bill. If after testing the meter is shown to be accurate, a minimum twenty dollar ($20) service charge will be paid by the property owner.

8-4-12 Water - Restrictions. The city may limit or prohibit temporarily the use of water from the city distribution system for any purpose, except domestic purposes within the dwellings of consumers or in business establishments, during emergencies, in the event of plant breakdown, prolonged drought or shortage of water supply for any reason in order to maintain maximum fire protection efficiency. The Mayor shall authorize the imposition of these restrictions. The city will attempt to notify affected utility customers if time permits of any such limitation. Any person violating the terms of such prohibition or restriction after such notice shall upon conviction thereof be subject to the penalties provided in this ordinance (11-1-1). Water service to the premises involved may be discontinued entirely during emergency.

8-4-13 Penalty. Any person violating any of the provisions of this chapter shall, in addition to the ordinary penalties prescribed for violation of this ordinance, be subject to having water service turned off to the premises of such consumer, and service shall not be restored until there has been full compliance of this chapter and the payment of such fees for restoring service as may be provided by this chapter.

8-5-1 Collection of Bills. All electric meters shall be read monthly. After the reading of the meters, the readings shall be delivered to the city finance officer, who shall compute and prepare consumer's bills, a copy of which shall be mailed to the consumer. If the bill is not paid in full by the tenth (10th) of the month, a ten (10) percent penalty shall be computed and added to the consumer's bill.

8-5-2 Restoration of Services. All utilities disconnected for nonpayment will require a reconnect fee as set by the city council plus payment in full before any utility will be reconnected. Reconnections will be made only during business hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. Utilities voluntarily disconnected shall also require a reconnect fee as set by the city council and on file in the office of the finance officer.

8-5-3 Inspection of Premises. The electric superintendent and others duly authorized shall have access at all reasonable hours upon reasonable notice to all premises which are serviced for the purpose of reading meters, installing or removing meters, making repairs, or for inspecting load management equipment.

8-5-4 Meter and Meter Sockets. The consumer shall cause to be installed a meter socket or sockets which shall have a South Dakota State affidavit filed with the electric superintendent and the proper state agencies and shall be sealed by the electric superintendent. Any new meter installation shall be outside the consumer's premises. These approved meter sockets shall be installed by the consumer on all new construction, and all repair wiring which may cause change in meter connections as well as on the existing connections as may be deemed necessary by the electric superintendent. The electric superintendent may require the meter socket and meter to be moved due to remodeling of the structure. Any expenses due to this required move shall be the responsibility of the consumer. The city shall attach and place at such meter socket an approved meter or meters to any premises or building in which electrical lights, power, or heat is used.

8-5-5 Load Management System. There is hereby established a load management system for all residential and commercial electrical consumers:

A. Installation of Load Receivers. The city shall install in each home or commercial building to which it distributes electric power a load control receiver. The receivers shall be connected to all electric water heaters, central air conditioners, 220 volt window air conditioners, and any electrical heating device situated on the consumer's premises. Any consumer wishing to be excluded from the load management system may petition the city for exemption. If the city grants such an exemption, the consumer will receive electrical current from the city at the following rate:

All kilowatt hours at one hundred fifty (150) percent of the city's current rate for electricity metered into participating consumer service.

The cost of the receiver and of the installation shall be the obligation of the city. The city, through its employees and agents, shall have the right to enter upon the consumer's premises upon reasonable notice to the consumer, for the purpose of installing, maintaining, relocating, repairing, and removing said receivers. The receivers shall be considered personal property and shall remain the property of the city after installation on the consumer's premises.

B. Duties of Consumer. It shall be the duty of the consumer to allow the city employees and agents access to their premises, upon reasonable notice for the purpose of installing, maintaining, relocating, repairing, and removing said receivers. The consumer shall not tamper with or alter said receivers. The consumer or his agent who desires to utilize electric power for space heating, the heating of water, or air conditioning with a central air conditioner or a 220 volt window air conditioning unit must provide a written notification to the electric superintendent. In the event that any consumer shall violate any duties or conditions of this chapter, he shall be placed on a special electrical rate until the violation is corrected and for a six (6) month period after said violation has been corrected. That rate is as follows:

All kilowatt hours at one hundred fifty (150) percent of the city's current rate for electricity metered into participating consumer service.

C. Powers of City. The city is hereby granted the power to interrupt the flow of electrical energy delivered by the city to those units on the load management system. The interruption of electrical energy may occur at any time and for an indeterminate period and there may be no advance notice or warning given to the consumer as to the time of the interruption or the length thereof.

D. Interruptible Power (Dual Fuel) Heating Systems. The consumer who elects to be part of the dual fuel heating system will enter into a contract with the City of Groton for off-peak power for electric space heating for a minimum period of time of at least one year. The consumer shall agree to provide at his own expense, a supplemental form of heating, independent of the primary electrical heating system. The electrical heating system will be the consumer's primary and ordinary mode of heating for sixty (60) percent or more of the premises with the supplemental form of heating to be used only during those times that the electrical energy to this primary system has been interrupted as hereinbefore provided. The consumer may choose any type of supplemental heating system he desires, and the consumer shall be solely responsible for any economic loss, damages, or injuries of whatever nature to person or property which may result or occur because of failure of such supplemental heating system to be activated or to perform adequately during any period or periods of power and energy interruption. The city shall not be liable for any economic losses, injuries, or damages to a person or property resulting from or related to a city's terminating electrical energy and power to the consumer's primary heating system as hereinbefore described. Failure to continue the contract for one full year will result in an assessment of all city costs for the installation, receiver, and service to the consumer.

A special rate for kilowatt hours resulting from this dual fuel heating system will be included in the rates established by resolution of the city council. Kilowatt hours from air conditioning on the same interruptible heating circuits and controlled with special load management codes will be sold at the same special rate for interruptible power (dual fuel) heating.

E. Sales Incentives. Upon presenting qualifying proof of purchase and verifying installation of an electric heating system to be used and controlled under the interruptible power (dual fuel) heating system, or of an electric (220 volt) hot water heater over forty (40) gallons in size which can be controlled under load management, a rebate will be issued to the property owner in an amount established by resolution of the city council and kept on file at the city finance office. A replacement for the electric hot water heater will also qualify for the rebate if it is not under the warranty period of replacement.

8-5-6 Shunting. No consumer of electric current from the city electrical system shall use or permit to be used or have installed at or near the meter used by such consumer any shunt or other device for conveying electric current into his premises other than through the meter. Whenever the electric superintendent or any other officer or employee of the city shall discover such shunt or device at or near the meter of any consumer, the electric service shall be immediately cut off from the place or building where such device was found. Before such service shall be reconnected, the consumer shall make application to the electric superintendent requesting the electric superintendent to make an estimate of the value of current that may have been used by such consumer without being metered or paid. The amount so estimated by the electric superintendent shall be paid in advance before reconnection. In addition to paying the amount estimated to be due as stated above, such consumer shall be guilty of a misdemeanor and upon conviction shall thereof be subject to the penalties established in this ordinance (11-1-1).

8-5-7 Interference With Electric Light Posts and Apparatus. No person shall interfere with, injure, break, or jar any electric light, telephone, telegraph, or fire alarm system, post, or pole or apparatus in any manner, or climb any telegraph, telephone, electric light, or fire alarm pole without being properly authorized to do so.

To Table of Contents

Chapter 9-1 Names of Streets and Avenues

Chapter 9-2 Sidewalks

Chapter 9-3 Snow Removal

Chapter 9-4 Trees in Public Places

Chapter 9-5 Use of Streets and Public Places

Chapter 9-6 Excavations In Public Places

9-1-1 Plats Part of Ordinance. Those plats indicating the names of street and avenues of the City of Groton, South Dakota, now on file or filed on a future date in the office of the Register of Deeds of Brown County, South Dakota, are hereby incorporated as a part of this ordinance.

9-1-2 Official Map. The official map of the City of Groton shall be those maintained in the office of the Register of Deeds of Brown county, South Dakota.

9-1-3 Names of the Streets and Avenues. The official names of the streets and avenues in the City of Groton shall be those as shown on the official map maintained in the office of the Register of Deeds of Brown County, South Dakota.

9-2-1 Supervision of Sidewalk and Curbing Construction. The building and construction of all sidewalks and curbing within the limits of the streets and alleys of the City of Groton shall be done under the direct approval of the city and all such sidewalks and curbs shall be constructed on the grades as determined by said city.

9-2-2 Specifications. The construction of all sidewalks and curbing, whether to be done by direct contract with the City of Groton or by contract with the abutting property owners, shall be done strictly in accordance with the specifications for sidewalks and curbing adopted by the city council and on file in the office of the finance officer. The city council may condemn work and material not in accordance with the requirements of said specifications.

9-2-3 Permit Required. Before any sidewalk or curbing is constructed within the limits of the streets and alleys in the City of Groton by any contractor or person for the owner or owners of abutting property, said contractor or person must first secure a permit therefor from the finance officer.

9-2-4 Property Owner Responsible for Sidewalk Repair. It shall be the duty of the person in possession of any lot, parcel, or plot of ground fronting or abutting upon any sidewalk, to keep such sidewalk in repair as provided by SDCL 9-46-2.

9-3-1 Duty of Owner or Occupant. It shall be the duty of the owner, occupant, or person in possession or in charge of any lot, parcel, or plot of ground of residential property fronting or abutting upon any sidewalk to keep such sidewalk free and clear from snow and ice within twenty-four (24) hours after any fall of snow and it shall be the duty of the owner, occupant, or person in possession or in charge of any lot, parcel, or plot of ground of business property located within a commercial district, fronting or abutting upon any public sidewalk, to keep such sidewalk free and clear from snow and ice at all times. When it is impossible to take snow and ice from such walk because it is frozen to the sidewalk, the owner, occupant, or person in possession in charge of such lot shall sprinkle or spread such suitable material upon the same to prevent the walk from becoming slippery and dangerous to travel, and in removing snow from said sidewalk it shall be unlawful for any person to shovel or blade the snow so removed into the street after the street has been cleared of snow by the city snow removal equipment. All power cords crossing sidewalks must be kept a minimum of eight (8) feet above the ground.

9-3-2 Duty of City Foreman. It shall be the duty of the city foreman to notify all owners or persons in possession of property abutting on sidewalks in the City of Groton to keep such sidewalk free from snow and ice, and remove the same within twenty-four (24) hours after every fall of snow. Such notice need not be given personally, but may be given generally by one (1) publication in the official newspaper of the city; which notice shall state that each owner or person in possessions is required to keep the sidewalks on which their property or premises abut free and clear from snow and ice.

9-3-3 Refusal to Remove Snow and Ice. If the owner or person in possession of said premises fails or refuses to remove the snow and ice after every fall of snow from such sidewalks within the time above specified, the city foreman may have the snow and ice removed and charge the costs thereof against the abutting property each time the snow is so removed.

9-3-4 Account to be Kept for the Removal of Snow and Ice. The city foreman shall cause an account to be kept against each lot or parcel of land for the removal of snow from the sidewalk and the same shall be certified to the finance officer on or before April 15 of each year. The finance officer shall prepare an estimate of the assessment against each lot or parcel of land for removal of snow for the proceeding winter and fall, and submit the same to the city council for its approval at or before its first meeting in June, and shall publish in the official newspaper of the city a notice to property owners of the time and place when the city council will meet for the purpose of approving such estimates. Upon the day so named, the city council shall meet, and if they find said estimates correct, shall approve the same, or if not correct, they shall correct or modify the same and approve the same as corrected and modified, and file such assessment with the city finance officer. From the date of such approval and filing, the assessment shall become a special lien against the various pieces of property described in said assessment, and shall be collected in like manner as special assessments are now collected for public improvements.

9-3-5 Penalty. Any person who fails to remove such snow and ice shall be subject to the penalties in this ordinance; and in addition thereto, shall be liable to the municipality for any damage caused by the neglect to keep such sidewalk clear and free of snow and ice as provided in this chapter.

9-4-1 Trimming Trees. The occupant of any private premises, or the owner of the same if not occupied, abutting on any public street, road, or alley within the City of Groton shall keep all trees standing upon such premises, or between the same and the center of the adjoining street, road, or alley so trimmed that no bough or branches thereof shall be lower than fourteen (14) feet above the surface of the street, road, or alley; or any sidewalk thereon and away from service lines; provided that upon the failure of any occupant or owner to trim trees as in this section provided, the city council shall have authority to remove or cause to be removed under its supervision any trunk, limb, or branch of any tree that extends or hangs lower than fourteen (14) feet above the surface of any street, road, or alley, or sidewalk, or near any service lines, whether such trees be growing in privately owned property or on public property, and may cause the same to be trimmed and charged the expense thereof to the occupant or owner of such property.

9-4-2 Trees - Injury. It shall be unlawful for any person to injure any tree, herb, or shrub planted in any public place by physical means, use of herbicides, or any means whatsoever, nor shall any person remove or cut down any tree, hedge, or shrub in any public place without first having secured a permit from the city foreman to do so.

9-4-3 Trees - Guidewires. It shall be unlawful for any person to attach any wire or rope to any tree in a public place without having a permit from the city foreman to do so.

9-4-4 Trees to be Free From Wires, Cables. Any person, company, or firm having the right to maintain wire, cables, and poles in any public street, alley, or other public place must keep such wire, cables, and poles free from and away from any trees or shrubs in such places so far as it may be possible, and shall keep all such trees and shrubs trimmed away from said poles and wire subject to the supervision of the street superintendent. In making excavations in streets or other public places for underground services or the repair thereof, said person, company, or firm shall take proper care to avoid injury to the roots of any tree, hedge, or shrub.

9-4-5 Trees Along Curbing. It shall be unlawful for persons owning or occupying lots or parcels of land within the City of Groton to embellish the same by planting shade trees between the sidewalk and the curbing without first having secured a permit from the city council to do so.

9-4-6 Cottonwood Trees. No female cottonwood trees other than existing trees shall be permitted within the city limits.

9-5-1 Obstruction of Streets. No person shall place, leave, or keep on any public street, road, alley, sidewalk, or other public ground in the City of Groton any wagon, automobile, cart, truck, sleigh, or other vehicle, in the lane of traffic except when the same shall be in actual use; nor shall any person place, leave, or keep on any public street, road, alley, sidewalk, or other public ground in this city, any other article, substance, or material which may obstruct the free use of said street, road, alley or sidewalk, or public ground, except as hereinafter provided.

9-5-2 Materials in Streets, Permit. The city council is authorized to grant permission in writing to any person to deposit and keep lumber, stone, brick, or other materials for building in any public sidewalk, street, road, or alley adjacent to the building to be erected or repaired, but such permission shall not allow obstruction of more than one-third (1/3) in width of any driveway, sidewalk, street, road, or alley.

9-5-3 Cleaning Streets or the Sidewalk of Rubbish. Every person to whom permission is granted to place and keep building material in the sidewalk, street, road, or alley shall cause all such material, and the rubbish resulting therefrom, to be removed from such sidewalk, street, road, or alley at the expiration of the time limited in the permit, unless the time shall for good cause be extended by the city council; and any person depositing and keeping any building material on such sidewalk, street, road, or alley shall keep one or more lighted lanterns or flares so placed that such material may be easily seen by persons passing along such sidewalk, street, road, or alley.

9-5-4 Excavation Near Street. It shall be unlawful for any person, owner, or occupant of any lot or parcel of land within the City of Groton to make or cause to be made any excavation on said lot or parcel of land, unless the same be securely guarded so as to prevent the injury of any person or persons or animals passing upon or along said sidewalks, street, alleys, or public grounds or traveled path or roadway.

9-5-5 Eave Pipes. No person shall place or maintain any pipe leading from the eaves of any building or any part of any building in said city in such a position that the water discharged from the roof of said building will flow upon or over any public sidewalk in said City.

9-5-6 Animals and Vehicles on Sidewalks. No person shall ride, drive, or lead any horse, mule, or cow, or any other animal upon any public sidewalk in the City of Groton; nor draw, propel, or cause to be drawn or propelled thereon any vehicle ordinarily drawn by horses; nor drive, operate, or cause to be driven or operated any vehicle as defined in section 10-1-1 (U) upon any sidewalk in the city, except that the same may be driven across any sidewalk in entering or leaving the premises.

9-6-1 Permit Required. No person shall make or cause to be made any excavation in or under any street, parking area, sidewalk, alley, or public ground, or remove any earth, soil, paving, gravel, or material therefrom without first obtaining a permit therefor.

9-6-2 Application. Application for such permit shall be made to the finance officer. Such application shall be accompanied by a fee of an amount set by the city council and on file at the office of the finance officer, which amount shall be considered compensation to the city for granting of such permit and the necessary investigation prior thereto. Before any such permit is issued, the person requiring the same shall state in this application therefor where such excavation is to be made, the extent thereof, in front of what lot or lots, and for what purpose said excavation is to be made.

9-6-3 Supervision of Excavations. The city foreman shall approve all excavation made for any purpose in the streets, alleys, or public ground and shall require that all excavations be backfilled in the manner specified.

9-6-4 Guarding Excavations. Any person receiving a permit 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 by day and night suitable guards or fences with flares, or signals so as to prevent injury to persons, animals, or vehicles. Such flares shall be kept lighted from sundown until sunrise.

9-6-5 Refilling Excavations. Any person making such excavations shall, when the same be completed, promptly and without delay refill the same at the property owner's expense as herein provided.

In refilling any excavation, the earth shall be thoroughly settled through compaction as the refilling progresses; the earth shall be thoroughly tamped in successive layers of approximately six (6) inches, in such a manner that all the earth shall be replaced in the excavation leaving the surface in its original condition.

In making connection to fire hydrants for flushing excavations, all rules and regulations relating thereto shall be observed.

In all cases where excavations are made in pavement the earth shall be replaced in the manner above specified, and the pavement shall be replaced by the city.

9-6-6 Cutting Pavements. Where it is necessary to cut the street pavement in making any street excavation, there shall be deposited with the finance officer before permit is issued an amount determined by multiplying the number of square yards of pavement to be removed by the the costs of the new pavement which is on file at the office of the finance officer. The deposit shall be credited to the general fund and be used in replacing said pavements.

9-6-7 Operating in Sidewalks. It shall be unlawful to make, or cause to be made, or maintain any opening in any sidewalk for the purpose of providing light for a basement or cellar or for ventilating the same, unless such opening shall be guarded with a substantial railing of iron not less than three (3) feet high, or which a substantial iron grating or other strong substantial cover, the grates of which shall be not more than one (1) inch apart. No railing or grate shall occupy more than two (2) feet of the sidewalk, measuring from the inner side thereof.

9-6-8 Excavations Under Sidewalks. Any person having or erecting any building abutting upon any street, avenue, or alley in the City of Groton, may excavate under the sidewalk or to the curb for the purpose of constructing a cellar or basement under the sidewalk in front of or adjoining said building; provided, that said excavation shall be surrounding upon the outer side and ends thereof with a substantial wall, to be approved by the street superintendent, sufficient to maintain the sidewalk. A permit for sidewalk construction must be obtained and the provisions pertaining thereto as described in chapter 9-2 followed.

9-6-9 Curb and Gutter. No person shall construct or cause to be constructed or installed in, on, or along side any city street a curb and gutter without first obtaining a permit to do so from the city finance officer. A permit may be granted only if the following specifications shall be met:

1. The curb and gutter shall be concrete (the form to be approved by the city foreman) with minimum compressive strength of 4000 PSI, twenty-four inches in width and a depth of six inches for the gutter section, with a minimum gravel cushion of four inches under the curb and gutter with expansion joints every twenty feet with expansion joint filler.

2. No curb and gutter can be installed unless one continuous curb and gutter is installed at the same time from the corner of a corner lot to the corner of the opposite corner lot, with a continuation of the curb and gutter around each corner lot with concrete fillets on each corner adjacent to the intersection of each street involved, which corner intersection shall have handicap accessible ramps whether or not there are intersecting sidewalks adjacent to the curb and gutter.

3. Before installation of the curb and gutter, the involved property owners must have the curb and gutter line surveyed and staked to insure proper slope of the curb and gutter in relationship to the appropriate storm drains on the intersecting streets. The grade of the street and present or future sidewalks.

4. All labor and materials shall be the sole responsibility of the individual land owners affected by the installed of the curb and gutter.

5. The city foreman must approve the curb and gutter plan before and during

construction.

6. The city assumes no liability or responsibility for or from the curb and gutter installation. The land owners involved shall accept full responsibility and liability for and from the installation of the curb and gutter.

To Table of Contents

Chapter 10-1 General Regulations

Chapter 10-2 Operation of Vehicles

Chapter 10-3 Parking

Chapter 10-4 Truck Routes

Chapter 10-5 Pedestrians

Chapter 10-6 Speed Regulations

Chapter 10-7 Traffic Signs and Signals

Chapter 10-8 Miscellaneous Provisions

Chapter 10-9 Snowmobile Operations

10-1-1 Definitions. Terms used in this title, unless the context otherwise plainly requires, shall mean:

A. Authorized Emergency Vehicle. Vehicles of the fire department, police vehicles, and such ambulances and emergency vehicles of municipal departments or public service corporations as are designed or authorized by the chief of police.

B. Crosswalk. That portion of a roadway ordinarily included within the prolongation of curb and property lines at intersection, whether marked or not, or any other portion of a roadway clearly indicated for pedestrian crossing by lines or other markings on the surface of the street.

C. Curb. The extreme edge of lateral boundary of a roadway, whether marked by curbing or not.

D. Department. The police department of the City of Groton.

E. Double Parking. The standing of a vehicle upon a street at the rear of another vehicle which is parked diagonally at the curb, or the standing of a vehicle upon the street alongside and parallel at the curb.

F. Driver or Operator. Any person who is in actual physical control of a vehicle.

G. Left Hand Side of a Street. The side to the left of the vehicle as it moves forward.

H. Motor Vehicle. Every vehicle which is self-propelled.

I. Parking. The standing of a vehicle, whether attended or unattended upon a roadway, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading passengers.

J. Pedestrian. Any person afoot.

K. Private Road or Driveway. Every road or driveway not open to the use of the public for vehicular travel.

L. Right Hand Side of Street. The side on the right of the vehicle as it moves forward.

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

N. Roadway. That portion of a street devoted to vehicular traffic.

O. Semitrailer. Every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another vehicle.

P. Sidewalk. That portion of the street between the curb line and the adjacent property lines.

Q. Street. The term street shall mean any street, avenue, boulevard, alley, highway, or public place set apart for the public vehicular traffic.

R. Street Intersection. That portion of a street where it joins another at an angle, whether or not it crosses the other street, and shall include the full width of the street between the curb lines, extended, of the intersection streets.

S. Through Streets. Streets, or parts thereof, that have been so designated and marked, by order of the city council.

T. Trailer. Every vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by a motor vehicle.

U. Vehicle. Every device in, upon, or by which any person or property is or may be transported or drawn upon a street, provided that for the purpose of this title a bicycle or an animal that is being ridden, driven, or led shall be deemed a vehicle.

10-1-2 Enforcement - Duty of Police Department.

A. It shall be the duty of the chief of the police department and all police officers to enforce all the regulations and requirements of this title.

B. Whenever any police officer shall find a vehicle standing or parked upon the street, as defined in this chapter, in the City of Groton in violation of any of the provisions of this title, he is hereby authorized to move such vehicle to a position and location permitted under the sections of this title relating to parked vehicles.

10-1-3 Police to Direct Traffic. Police officers shall direct all traffic in conformance with traffic laws and ordinances, provided that in the event of a fire or other emergency, or to expedite traffic or safeguard pedestrians, members of the police or fire department may direct traffic as conditions may require.

10-1-4 Obedience to Police. It shall be unlawful for any person to refuse or fail to comply with any lawful order, signal, or direction of the police department.

10-1-5 Authority of Police Department to Adopt Regulations. The chief of police is hereby empowered to make temporary regulations to cover emergencies or special conditions, provided any such regulations are not inconsistent with the provisions of this title.

A. The provisions of this title shall apply to the operator of any vehicle owned by or used in the service of the U S Government, this state, county, or city. It shall be unlawful for any such operator to violate any of the provisions of this title, except as otherwise permitted in this title.

B. The provisions of this title regulating the movement, parking, and standing of vehicles shall not apply to authorized emergency vehicles as defined in this title 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, protect the driver of any such vehicle from the consequence of a reckless disregard of the safety of others.

10-2-1 Driving on Right Side of Street. Upon all streets, except upon one-way streets, the operator of a vehicle shall drive the same upon 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 impracticable to travel on such side of the street, and except when overtaking and passing another vehicle subject to the limitations applicable in overtaking and passing set forth in this title.

The foregoing provision of this section shall not be deemed to prevent the marking of lanes for traffic upon any street and the allocation of designated lanes to designated speeds.

10-2-2 Overtaking and Passing. The driver of any vehicle overtaking another vehicle proceeding in the same direction shall first give audible warning of his intention to pass and shall then pass at a safe distance to the left thereof, but only when such left side is clearly visible and is free from oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be made in safety and shall not cut in front of the overtaken vehicle until safely clear of same, and in no case shall a vehicle pass another vehicle in a street intersection. The driver of a vehicle shall move to the right of the roadway a sufficient distance to allow passing when so signaled from a vehicle behind desiring to pass, and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. Vehicles shall not travel two (2) abreast on any street.

10-2-3 Motor Vehicles Left Unattended, Brakes to be Set. No person driving or in charge of a motor vehicle shall allow such vehicle to stand on any street unattended without first setting the brakes or placing an automatic transmission in park when standing upon any grade, turning the front wheel to the curb or side of the roadway.

10-2-4 Unlawful to Drive through Processions Unless Directed by Police Officer. It shall be unlawful for the operator of any vehicle to drive between the vehicles comprising a funeral or other authorized procession while they are in motion. This provision shall not apply to intersections where traffic is controlled by police officers.

10-2-5 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.

10-2-6 Right-of-Way. Subject to the exception stated in the next succeeding section, the right-of-way rule as between vehicles at intersections is hereby declared as follows:

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 (2) vehicles approach an intersection at approximately the same time, the operator of the vehicle on the left shall yield the right-of-way to the vehicle on the right;

C. The operator of any vehicle travelling at an unlawful speed shall forfeit any right-of-way which he may otherwise have hereunder.

10-2-7 Exceptions to Right-of-Way. The operator of a vehicle entering a public street shall yield the right-of-way to authorized emergency vehicles when the latter are operated upon official business and the operators thereof sound audible signal by bell, siren, or exhaust whistle. This provision shall not relieve the operator of an emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall it protect the operator of any such vehicle from the consequences of an arbitrary exercise of such right-of-way.

10-2-8 Stopping Prohibited in Specified Places. It shall be unlawful for the operator of a vehicle to stop, stand, or park such vehicle on any of the following places, or in compliance with the directions of a police officer or a traffic control sign or signal:

A. Within a intersection;

B. On a crosswalk;

C. Within fifteen (15) feet of inside boundary line of the sidewalk, or if no sidewalk is in place, within twenty-five (25) feet of the intersecting roadway, except that this provision shall not apply to alleys;

D. Within fifteen (15) feet of the driveway entrance to any fire station, or directly across the street from such entrance;

E. Within fifteen (15) feet of a fire hydrant;

F. In front of a private driveway;

G. On a sidewalk;

H. Alongside or opposite any street excavation or obstruction when such stopping, standing, or parking would obstruct traffic;

I. Parking against direction of traffic on through streets.

10-2-9 Standing for Loading or Unloading Only in Certain Places.

A. It shall be unlawful for the operator of a vehicle to stop, stand, or park said vehicle for a period of time longer than is necessary for the actual loading or unloading of passengers, or the unloading and delivery or pick up and loading of materials in any place marked as loading zone.

B. The city council shall have authority to determined the location of passenger zones and loading zones as described herein, and shall cause to be erected and maintained appropriate signs indicating the same.

10-2-10 Emerging From Alley or Private Driveway. The operator of a vehicle emerging from a alley, driveway, or garage shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway.

10-2-11 Stop Before Entering Through Street. Every operator of a vehicle or other conveyance traversing any street intersecting any through street, as designated and marked by order of city council, shall bring such vehicle or conveyance to a full stop at the place within fifteen (15) feet where such street meets the prolongation of the nearest property line of such through street, subject, however to the direction of any traffic control signs or signal or any law enforcement officer at such intersection. The vehicle entering a through roadway (where there is stop sign) must yield the right-of-way to all vehicles which are either within the intersection , or so close thereto as to constitute an immediate hazard.

A. Right Turns. The operator of a vehicle intending to turn to the right at an intersection or into an alley or driveway shall approach the point of turning in the line of traffic nearest the right hand edge or curb of the street, and in turning shall keep as closely as practicable to the right hand edge or curb of the street.

B. Turning Left. The operator of a vehicle intending to turn to the left at an intersection or into a driveway shall approach the point of turning in the lane of traffic to the right of and next to the centerline of the roadway; and unless otherwise directed by "turning marker", the operator of a vehicle in turning left at an intersection shall pass to the right of the centerline of the intersection before turning.

C. Turning Markers. The chief of police is hereby authorized to place turning markers within or at the entrance to intersections directing that traffic turning left shall follow a line of travel other than directed in subsection B of this section. Whenever turning markers have been placed as herein provided, traffic turning left shall follow the line as directed by such marker.

D. Turning Left on "Go" Signals. The driver of a vehicle intending to turn to the left at an intersection where traffic is controlled by traffic control signals or by a police officer, shall proceed to make such left turn with proper care to avoid accident and only upon the "Green" or "Go" signal, unless otherwise directed by a police officer.

E. Turning Right on "Stop" Signals. The driver of any vehicle which is stopped as close as practicable at the entrance to the crosswalk and to the far right side of the roadway, then at the entrance to the intersection in obedience to a red or "stop" signal, may make a right turn but shall yield the right of way to any pedestrian and other traffic proceeding as directed by the signal at the intersection. This provision permitting a right turn after a stop when facing a steady red light alone or "stop" signal shall not be effective if the city council prohibits such turn and if a sign is erected at such intersection giving notice thereof.

10-2-13 Turning Around at Intersections Prohibited. At any intersection where traffic is controlled by traffic control signals or by a law enforcement officer, or where warned by an official traffic control sign displaying the words "No U Turn," or "No Left Turn," it shall be unlawful for the operator of a vehicle to turn such vehicle at the intersection in a complete circle, or so as to proceed in the opposite direction or to make a left turn.

A. No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in section 10-2-13 of this chapter, or turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall turn any vehicle without giving an appropriate signal in the manner hereinafter provided in the event any other traffic may be affected by such movement.

B. A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred (100) feet traveled by the vehicle before turning.

C. No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal. The signal provided herein shall be used to indicate an intention to turn, change lanes or stop and shall not be flashed on one side only on a parked or disabled vehicle or flashed as courtesy or "do pass" signal to operators of other vehicles approaching from the rear.

D. The operator of a vehicle shall not turn such vehicle so as to proceed in the opposite direction except at an intersection pursuant to 10-2-13.

E. Every vehicle, including motorcycles and bicycles, driving upon a one-way street, designated as such by proper road signs, shall drive only in the direction designated.

10-2-15 Signals by Hand and Arm or Signal Device. Any stop or turn signal when required herein shall be given either by means of the hand and arms or by a signal lamp or lamps or standard approved mechanical signal device; but when a vehicle is so constructed or loaded that a hand and arm signal would not be visible both to the front and rear of such vehicle, then said signals must be given by such a lamp or lamps or signal device.

10-2-16 Method of Giving Hand and Arm Signals. All signals herein required given by hand and arm shall be given from left side of the vehicle in the following manner and such signals shall indicate as follows:

A. Left Turn -Hand and arm extended horizontally;

B. Right Turn -Hand and arm extended upward;

C. Stop or Decrease Speed -Hand and arm extended downward.

10-2-17 Exhibition Driving. Any person who drives a vehicle within the city limits of Groton and in such 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 sway shall be guilty of exhibition driving.

10-2-18 Prohibit Use of Dynamic Braking Devices. Operating any motor vehicle with a dynamic braking device engaged except for the aversion of imminent danger is prohibited. Dynamic braking device means a device used primarily on trucks for the conversion of the engine from an internal combustion engine to an air compressor for the purpose of braking without the use of wheel brakes. The police department shall have enforcement responsibility.

10-3-1 Parking Zones. The city council may designate by resolution any street, avenue, or alley in the City of Groton, as necessity requires, as parking zones for the parking of motor vehicle or vehicles of any nature and description or the storage of any material of any kind, nature, or description; provide the length of time for day and night parking; the hours that constitute day and night; and provide for marking with proper signs setting forth the manner, form, and hours of parking. Such parking zones shall be delineated on a map filed in the office of the finance officer.

The driver or person in charge of any vehicle parked in such a limited time zone shall comply with such time limit for parking as shown on the signs or marked on the curb where such vehicle is parked.

10-3-2 Penalty. The offending automobile or other vehicle will be tagged with a tag, listing the date of the offense, license number of the vehicle, make, violation number, and location of offense with reference to street or avenue. Whenever a notice is left by any member of the police department in or on any vehicle which has violated the parking regulations, the person in charge of such vehicle shall pay the amount of the assessment described thereon by taking such notice and amount of the assessment to the city finance office and depositing the same with the city finance officer. The assessment for each violation shall be fifteen dollars ($15).

If the owner or operator fails to comply within seven (7) days from the date of notice of violation, then in that case, a summons will be issued and the assessment shall be raised to twenty-five dollars ($25) for the violation. The increased assessment can be paid at the city finance office within the above time frame. If the summons is not complied with, a warrant will be issued to bring the owner or operator of the vehicle into court and a penalty of fifty dollars ($50) will be assessed by the court for the violations.

Any vehicle parked in violation of this chapter may be removed from the streets by the police department and placed in public or private storage and the owner thereof, in addition to the fines and penalties provided in this chapter, shall pay the charges for towing and storage of said vehicle so removed by the police department. All money so collected by the police department shall be immediately deposited with the city finance officer to be paid into the general fund.

10-3-3 Non-Parking Areas. The city council may from time to time by resolution establish and cause to be designated and marked, non-parking areas along street curbs. No vehicle shall be parked at any time or for any period except to load or unload passengers or merchandise in such place so designated and marked.

10-3-4 Spaces Reserved for Police Cars. Special Parking, Etc. The city council may from time to time by resolution establish and cause to be designated and marked, by suitable signs or otherwise, space for the exclusive use, day and night, of police cars, busses, and such other vehicles as they might deem entitled to such privilege. After a space has been so designate and marked it shall be unlawful for any other vehicle to park within such space, day or night, except momentarily to take on or let off passengers.

10-3-5 Handicapped Parking. There is no parking in any designated special parking space which is clearly marked as a handicapped parking space unless said vehicle in said parking space is displaying a serially numbered certificate or special license plate marking it as owned or operated by a handicapped person.

10-3-6 Parking During Snow Removal. During the snow season when plowing is necessary, all vehicles parked on the city streets and avenues must be moved within twenty- four (24) hours after the snow plow has passed this vehicle.

10-3-7 Vehicles Left in Disrepair. It shall be unlawful for any person, firm, or corporation to park any automobile, truck, tractor, or other motor vehicle which is in a state of disrepair in the same location on a city street or parking lane for more than a period of ten (10) days. It is declared that allowing such a vehicle to remain parked for more than ten (10) days is a public nuisance and a danger to the health, safety, and welfare of the citizens of the City of Groton.

Should a person, firm, or corporation desire to leave such a vehicle in a state of disrepair for more than ten (10) days for a valid reason, he shall obtain a permit in writing from the chief of police for an extension of time to complete repairs on said vehicle. The granting of such a permit and the length of time of said permit shall be up to the chief of police.

10-3-8 Parking of Trucks. All freight and stock trucks shall be parked in the city at such places only as have been marked and designated by the chief of police and shall be parked parallel with the curb. Provided however, that this section shall not apply to light delivery trucks delivering goods from house to house and place to place which require a brief stop to receive or deliver merchandise.

10-3-9 Parallel and Diagonal Parking. Vehicles shall park in either a parallel or diagonal manner, according to the signs and paint demarcations in the parking area. Parallel parking shall be done so that the vehicle is parallel to the curb in the direction of traffic, and not closer than four (4) feet to any other vehicles, front or rear. The front and rear wheels on the right side of such vehicle shall not be more than eighteen (18) inches from the curb. Diagonal parking shall be done so that the vehicle is parked at an angle with the curb of approximately forty-five (45) degrees, with the right front wheel touching or within twelve (12) inches of the curb.

10-4-1 Truck Routes. All trucks entering, leaving, or operating within the city limits shall be driven only over and along the truck routes herein established and upon such other designated streets and areas over which truck travel is permitted.

10-4-2 Definitions. The following terms, phrases, and words shall have the meaning as herein defined as they are used in this chapter.

A. Person. Any individual, association, company, corporation, firm, partnership, or organization.

B. Truck. Any motor vehicle designated or operated for the transportation of property which has a body weight or body and load weight which exceeds three (3) tons per axle.

C. Truck Route. The streets herein designated as the way over and along which trucks entering and leaving the city must operate.

D. Deviating Truck. A truck operating on city streets not designated as a "truck route" while operating within the city limits.

10-4-3 Through Truck Route Established. It is hereby established within the city the following "through truck routes:"

A. All trucks entering or leaving the City of Groton from the north or south shall proceed along SD Highway 37 or Sixth Street, which streets are bounded on the north by US Highway 12 and on the south by Railroad Avenue.

B. All trucks entering or leaving the City of Groton from the east or west shall proceed along US Highway 12 or Railroad Avenue, which streets are bounded on the west by SD Highway 37 and on the east by Sixth Street.

10-4-4 Exceptions. Trucks may deviate from the above streets and highway for the following reasons:

A. When it is necessary for conducting business at a destination in the city by first utilizing an established truck route to the point it becomes necessary to deviate from that route doing so at the intersection with the street or avenue nearest to the destination point and going directly to the destination point. Upon leaving the destination point, the deviating truck shall return to the nearest truck route by the shortest route.

B. The operating of emergency vehicles upon any street in the city.

C. The operation of trucks owned and operated by the city, a public utility, any contractor, or material supplier, while engaged in the repair, maintenance, and construction of improvements within the city.

D. The operation of trucks upon officially designated detour.

10-4-5 Load Limits. If load limits have to be imposed with weather changes, these load limits would coincide with state load limits when they are necessary.

10-4-6 Truck Route Signs. The city police department shall cause all truck routes to be clearly marked to give notice that this chapter is in effect.

10-4-7 Enforcement of Truck Routes. The city police department shall keep and maintain accurate maps setting out truck routes and streets upon which traffic is permitted. The maps shall be kept on file in the office of the finance officer and made available to the public.

Any police officer having reason to believe that the weight of a vehicle and load is unlawful shall require any person driving or in control of said vehicle to proceed to any public or private scale available for the purpose of weighing and determining whether this chapter has been complied with provided that such vehicle is driven to the nearest scale but in no event more than five (5) miles. It shall be unlawful for any person driving or in control of any such vehicle to fail to comply with their requirement.

Nothing in chapter 10-4 shall be construed to modify or change any of the regulations of the state highway department or the statutes of the state with reference to the gross weight permitted upon any highways within the city.

10-5-1 Pedestrian's Right-of-Way.

A. 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 a block, except at intersections where the movement of traffic is being regulated by police officers or traffic control signals.

B. Whenever any vehicle has stopped at a marked crosswalk or at any intersection 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.

C. It shall be unlawful for a pedestrian to cross a roadway at any point other than within a marked or unmarked crosswalk.

10-5-2 Pedestrian's Right and Duties at Controlled Intersections. At intersections where traffic is controlled by a traffic signal, a pedestrian shall yield the right-of-way to vehicles lawfully proceeding directly ahead on a "Go" signal, and the driver of a vehicle while making a right or left turn shall yield the right-of-way to pedestrians proceeding across the street on the" Go" signal. It shall be unlawful for a pedestrian to cross or attempt to cross a street when the traffic is stopped.

10-5-3 Pedestrians to Use Right Half of Crosswalk. Pedestrians shall move, whenever practicable, upon the right half of crosswalks.

10-5-4 Pedestrians Soliciting Rides. It shall be unlawful for any person to stand in a roadway for the purpose of soliciting a ride from the operator of any private vehicle.

10-6-1 Restrictions as to Speed. Any person driving a vehicle on a street or highway shall drive the same at a careful and prudent speed not greater than is reasonable and proper, having due regard to the traffic, surface, and width of the street or highway and to any other conditions existing.

10-6-2 Speed Limitations. It shall be unlawful for any driver to drive any vehicle upon a highway or streets of the city or in any municipal park at a greater rate of speed than the following:

A. Fifteen (15) miles an hour when approaching within fifty (50) feet of a railroad grade crossing when the driver's view is obstructed. A driver's view shall be deemed to be obstructed when at any time during the last two hundred (200) feet of his approach to such crossing he does not have a clear and uninterrupted view of such crossing and of any traffic on such railway for a distance of four hundred (400) feet in such direction from such crossing.

B. Fifteen (15) miles an hour when passing a school during a school recess or while children are going to or leaving school during the opening or closing hours.

C. Fifteen (15) miles an hour when approaching within fifty (50) feet and in traversing an intersection of streets when the driver's view is obstructed. A driver's view shall be deemed to be obstructed when at any time during the last fifty (50) feet of his approach to such intersection he does not have a clear and uninterrupted view of such intersection for a distance of two hundred (200) feet from such intersection.

D. Except as provided above, twenty-five (25) miles per hour on "Thru Streets," and twenty (20) miles per hour on side streets, or as otherwise designated.

E. Fifteen (15) miles per hour in the City parks, and in the city cemetery.

10-7-1 Traffic Signs and Signals. The city council shall by resolution determine and designate the character or type of all official traffic signs and signals, provided that all traffic signs and signals erected and in operation are hereby designated official traffic signs and signals.

Subject to this selection, the chief of police is hereby authorized, and as to those signs and signals required hereunder, it shall be his duty to place and maintain or cause to be placed and maintained all official traffic signs and signals. All signs and signals required hereunder for a particular purpose shall be approved by the city council, and as far as practicable, standard throughout the city.

10-7-2 Obedience to Traffic Signs and Signals. It shall be unlawful for any operator to disobey the instructions of any official traffic sign or signal upon the street placed in accordance with the provisions of this title, unless otherwise directed by a law enforcement officer.

10-7-3 Interference With Signs or Signals Prohibited. It shall be unlawful for any person willfully to deface, injure, move, obstruct, or interfere with an official traffic sign or signal.

10-7-4 Display of Unauthorized Signs or Signals Prohibited. It shall be unlawful for any person to place or maintain or to display upon or in view of any street any unofficial sign, signal, or device which purports to be or is an imitation of or resembles an official traffic sign or signal, or which attempts to direct the movement of traffic. Every such prohibited sign, signal or device is hereby declared to be a public nuisance, and the chief of police is hereby empowered to remove the same, or cause it to be removed without notice.

10-7-5 Council Authorized to Designate Crosswalk. The city council may by resolution establish safety zones of such kind and character and at such places as they may deem necessary for the protection of pedestrians and may mark lanes for traffic on street pavements at such places as they may deem advisable consistent with the provisions of this title; and that space being so designated, it shall be the duty of the chief of police to mark such zones and lanes in accordance with such resolution.

10-8-1 Accident - Duty to Stop. The driver of any vehicle involved in any accident resulting in injury or death to any person or damage to property shall immediately stop and give his name and address, and the name and address of the owner and the license number of the vehicle he is driving to the person struck or the driver or occupants of any vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the arrangement for medical assistance of such person by a physician or surgeon for medical treatment if it is apparent that such treatment is necessary or is requested by the injured person.

10-8-2 Duty to Give Immediate Notice of Accident to Law Enforcement Officer. The driver of any motor vehicle involved in an accident resulting in bodily injuries or death to any person or property damage to an apparent extent of four hundred dollars ($400) or more shall immediately, by the quickest means of communication, give notice of such accident to the police department.

10-8-3 Duty Upon Striking Animal. The driver of any vehicle which collides with any dog or domestic animal causing injury thereto shall stop and attempt to notify the owner; if the owner cannot be notified at once, the driver shall report the accident to the police department in order that the injured animal may be properly cared for.

10-8-4 Duty Upon Striking Unattended Vehicles. The driver of any vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended resulting in any damage to such other vehicle or property shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle or property of his name, address, and the name and address of the owner and the license number of the vehicle he is driving or shall attach securely in a conspicuous place in or on such vehicle or other property a written notice giving his name, address, and the name and address of the owner and the license number of the vehicle he is driving and shall without unnecessary delay notify the police department. Every such stop shall be without obstructing traffic more than is necessary.

10-8-5 Repair of Vehicle With Reportable Damage Prohibited Unless Required Notice Affixed - Violation as Misdemeanor. The person in charge of any garage or repair shop shall not commence repair on any motor vehicle which shows evidence of having been involved in a reportable accident or struck by any bullet unless the vehicle bears the notice provided by the state public safety department.

10-8-6 Parades and Processions. No parade or procession other than a funeral procession shall be held or participated in upon the streets except with the prior consent of the city council. The consent of the city council to the holding of such parade or procession shall be given unless it reasonably appears that the holding of the same would unreasonably obstruct and impede traffic or would be likely to disturb the peace and quietness of the city.

10-8-7 Interfering With Traffic. No vehicle shall be parked or left standing on any street so as to interfere with or interrupt the traffic on said street. Disabled vehicles are exempted from this but only for such reasonable period of time as may be required to remove the disabled vehicle form its position of interference.

10-8-8 Use of Coasters, Roller Skates, and Similar Devices. It shall be unlawful for any person on roller skates, roller blades or riding in or by means of any coasters, toy vehicles, or similar device to go upon any roadway except while crossing a street on a crosswalk.

10-8-9 Weight and Size of Vehicle and Loads. No person shall drive or operate any vehicle upon any street the gross weight of which, including the load, or the size of which does not comply with the requirements of the state law governing such vehicle or as provided in subsection 10-4-2(B) of this ordinance.

10-8-10 Brakes and Signaling Device.

A. Every motor vehicle, trailer, semitrailer, and pole trailer, and any combination of such vehicles shall be equipped with brakes in compliance with the requirements of SDCL 32-18;

B. Every motor vehicle shall be equipped with a horn in good working order capable of emitting sound audible under normal conditions from a distance of at least two hundred (200) feet.

10-8-11 Lights. A motor vehicle upon a highway within the state during the period from a half (1/2) hour after sunset to a half (1/2) hour before sunrise and at any other time when there is not sufficient light to render clearly discernible any person on the highway at a distance of two hundred (200) feet shall be equipped with at least two (2) lighted lamps on the front and (2) on the rear of such motor vehicle, such lamps to conform to SDCL 32-17, provided that a motorcycle or motor bicycle shall be required to display but one (1) lighted lamp in front and one (1) in the rear.

10-8-12 Head Lights Dimmed. No person shall use head lights or side lights 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 street.

10-8-13 Spot Lights. No person shall use a spot light in the streets unless in an emergency, and then so as not to blind or inconvenience persons using the street.

10-8-14 Play Streets. The city council may declare any street or part thereof as "Play Street," and place appropriate signs or devices in the roadway indicating such use.

10-8-15 Muffler, Excessive Smoke, and Noise. No person shall operate or drive any motor vehicle unless such motor vehicle is provided with an adequate muffler, which shall at all times be kept closed so that the exhaust is effectively muffled. No person shall operate a motor vehicle in such manner as to emit unnecessary or excessive smoke or noise from the motor of such vehicle or to needlessly sound the horn or other noise-making device.

10-8-16 Prohibiting the Use of "Smitty" or Hollywood" Mufflers.

A. The use of "Smitty" or "Hollywood" mufflers or other devices of a like character which make loud noises or explosions are hereby declared unlawful.

B. It shall be unlawful to use a "Muffler Cutout" on any motor vehicle on any street or roadway in the city.

10-8-17 Vehicles With Lugs Prohibited. No person shall operate or move any tractor or vehicle equipped with mud lugs, ice spurs, or spikes upon or across any street that is surfaced with portland cement concrete or surfaced with bituminous material or any other hard surfacing material without first laying planks at least two (2) inches in thickness over the surface of such street in a manner so as to protect such street surface from any damage.

10-8-18 Pneumatic Tires With Metal Studs Permitted. It shall be lawful to operate, upon the streets of the City of Groton, motor vehicles equipped with pneumatic tires in which there are embedded metal studs or wires of tungsten or other similar metal from October 1 to April15 as provided by the state law.

10-8-19 Vehicles Prohibited on Closed Streets. No vehicles shall be driven upon any street which has been closed to traffic by the proper authority.

10-8-20 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 charged with violation of a traffic ordinance of the City of Groton by a police officer need not be arrested in the regular manner but may first be given an opportunity, after notice, to appear voluntarily to answer for such traffic violation.

10-8-21 Notice to Appear. A person charged with violation of a traffic ordinance shall be given a notice to appear before the circuit court magistrate or the county clerk of courts at the time stated in such notice, which shall be written within ten (10) days from the time of the offense; and that in event of failure to do so, a warrant will be issued for his arrest. The notice shall state the name and address of the offender, if known; the license number and make of the vehicle involved in the violation; the nature, date, and location of the offense; and the time and place where the offender is to appear to answer to the charges. The notice shall be made in duplicate and the portion of the original stating the offense and the place and time to appear shall be given to the owner or driver charged with the offense or left in or upon the vehicle involved in the violation.

10-8-22 Appearance and Deposit for Fine. A person who has received a notice of a traffic violation as provided in the preceding section shall appear at the time and place specified in such notice. In cases of parking violations and other minor traffic violations for which the person charged has been ordered to appear before the circuit court magistrate or county clerk of courts; he may make a deposit for the fine as authorized by the court and sign a statement authorizing a circuit court magistrate or county clerk of courts to enter his plea of guilty to the offense, then he shall not be required to appear in court. Any person who has been guilty of three (3) or more violations of the provisions of the traffic ordinances of this city shall not be permitted to deposit the fine as herein above authorized, but must post a bond for his appearance in court at the time specified by the department, said bond to be in an amount set by the city council and on file at the office of the finance officer.

10-8-23 Failure to Appear. Upon failure of a person to appear in response to a notice of a traffic violation as herein provided, he shall be subject to arrest in the manner otherwise provided by law.

10-8-24 Evidence of Traffic Violations. In any proceeding for violations of the provisions of this title relating to the operation or parking of motor vehicles, the registration plate displayed on such motor vehicle shall constitute in evidence a prima facie presumption that the owner of such vehicle was the person who was operating or parking such motor vehicle at the time when such violation occurred or who parked such motor vehicle at the point where such violation occurred.

10-9-1 Snowmobile Defined. A snowmobile is any engine-driven vehicle of a type which utilizes sled type runners, wheels, or skis with an endless belt tread or similar means of contact with the surface upon which it is operated. No snowmobile shall be operated within the incorporated limits of the City of Groton except upon compliance with this ordinance.

10-9-2 Permitted Operations. No person shall operate a snowmobile upon any street in the city except to provide an exit out of the city and a return to the residence of the operator or the owner of the snowmobile, by way of the most direct and closest route available. Snowmobiles shall operate upon city streets only when they are snow covered or snow packed and shall not be operated on the sidewalks or any private property other than private property owned by the operator or owner of the snowmobile.

10-9-3 Licensed Drivers. All operators of snowmobiles, operating on the city streets, shall have a valid South Dakota driver's license in their possession.

10-9-4 Mufflers. Every snowmobile shall be at all times equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise or annoying smoke.

10-9-5 Brakes. Every snowmobile shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle.

10-9-6 Safety Equipment and Inspection. No snowmobile shall be driven on the roadway, street, or alley when said snowmobile is in such unsafe condition as to endanger any person or property. The city police may at any time upon reasonable cause to believe the snowmobile is unsafe or not equipped as required by this ordinance, require the driver of such vehicle to stop and submit such vehicle to an inspection and test with reference thereto as may be appropriate. No person shall operate any vehicle which has been found unsafe except to return such snowmobile to his residence, place of business, or to a garage until said vehicle has been placed in proper repair.

10-9-7 Lights. A snowmobile, when being operated within the city limits, shall display a headlight and taillight at all times, and such lights shall be conformity with the standards set by South Dakota law.

10-9-8 Hours of Permitted Operation. No snowmobile shall be operated within the City of Groton between the hours of 11:00 p.m. and 6:00 a.m. except that a driver may drive during this restricted time when he is coming into the city to his residence or drive during this restricted time when he is leaving the city to go to his residence or when driving from work to his residence.

10-9-9 Exceptions. Operators will be allowed the use of streets in the event of any emergency (sickness, fire, snowstorms, etc.).

10-9-10 Rules of the Road. Every operator of a snowmobile shall observe all of the rules of the road pertaining to vehicles and in addition shall yield the right-of-way to motor vehicles. Snowmobile operators are to use the shortest route when leaving or entering the city. All ordinances of the City of Groton pertaining to the operation of vehicles shall be applicable to the operation of snowmobiles and are adopted by reference and made a part hereof, the same as if set forth fully herein.

10-9-11 Permitting Unauthorized Person to Drive a Snowmobile is Unlawful. No person shall authorize or knowingly permit a snowmobile owned by him or under his control to be driven on any public highway by any person who is not authorized hereunder or in violation of any of the provisions of this ordinance.

10-9-12 Penalties. Any person who shall violate one or more of these provisions hereof shall be subject to a penalty as set in this ordinance (11-1-1).

To Table of Contents

11-1-1 Penalty in General. Except in cases where a different or additional penalty is imposed by this ordinance or by some existing provision of law, every violation of any of the provisions of this ordinance shall be punishable by a fine not exceeding two hundred dollars ($200) or by imprisonment for a period not exceeding thirty (30) days or by both such fine and imprisonment. (SDCL 9-19-3).

11-1-2 Conflicting Ordinances Repealed. All former ordinances or parts of former ordinances in conflict with the provisions of this ordinance or relating to the subject matter of this ordinance, except as stated in this chapter, are hereby repealed; provided however, that nothing herein shall be construed as repealing any special ordinances, appropriation ordinances, franchise ordinances establishing fees and charges, levy ordinances for the issuance of bonds, or special ordinances of like character, nor shall this ordinance repeal or modify the provisions of any zoning ordinances or any other ordinances requiring a special method of adoption, nor shall this ordinance repeal or modify the provisions of any resolution heretofore adopted by the City of Groton unless the provisions of this ordinance either modify, repeal, or amend such resolution; and all such ordinances and resolutions shall remain in full force and effect.

11-1-3 Unconstitutionality. Should any 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.

To Table of Contents

Planning and Zoning Ordinances

APPENDIX A Mobile Home Standards

APPENDIX B Industrial Performance Standards

APPENDIX C Application for Building Permit

APPENDIX D Application for Variance from Zoning Ordinance

APPENDIX E Application for Special Exemption for Zoning Ordinance

APPENDIX F Notification of Application for Special Exception

APPENDIX G Notice of Appeal

This Ordinance shall be known and shall be cited and referred to as "The Zoning Ordinance of Groton, South Dakota," to the same effect as if full titles were stated.

P&Z Table of Contents

2.0101 Setting of Regulations. The regulations for the zoning and planning as herein set forth are made in accordance with a comprehensive plan for the purpose of promoting the public health, safety, morals, convenience, order, prosperity and general welfare of the community. They are designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to provide adequate light and air, to prevent overcrowding of land, and to facilitate the concentration of population and to facilitate the adequate provision of transportation, water, waste water, schools, parks and other public requirements, They are made with responsible consideration, among other things, as to the character of each district and its particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the city.

P&Z Table of Contents

3.0101 Jurisdiction Defined. The provisions of this Ordinance shall apply within the corporate limits of the City of Groton, South Dakota, and within the territory beyond said corporate limits as now or hereafter fixed, for a distance of two (2) miles in all directions, as established on the map entitled "The Official Zoning Map of the City of Groton, South Dakota, " as the same may be amended by subsequent annexation. Said map and amendments thereto and all explanatory matter thereof accompanies and is hereby made a part of this ordinance. Said map shall be on file in the office of the Register of Deeds of Brown County, South Dakota, and a copy shall be on file in the office of the municipal finance officer of the City of Groton, South Dakota.

3.0102 Jurisdiction Out of Corporate Limits. The area of joint control shall require action jointly by the Groton planning commission and the Brown County planning commission.

P&Z Table of Contents

4.0101 General. The city is hereby divided into zones, or districts, as shown on the official zoning map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ordinance. The official zoning map shall be identified by the signature of the mayor, attested by the municipal finance officer, and bearing the seal of the city under the following words; "This is to certify that this is the official zoning map referred to in Title 4 enacted by Ordinance No. 530, adopted April, 1996.

4.0102 Zoning Map Changes. If, in accordance with the provisions of this ordinance, changes are made in the district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the city council with an entry on the official zoning map as follows; On (date), by official action of the city council, the following (change(s)) were made in the official zoning map: (brief description on nature of change)," which entry shall be signed by the mayor and attested by the municipal finance officer. No amendment to this ordinance which involves matter portrayed on the official zoning map shall become effective until after such change and entry has been made on said map. No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in this ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this ordinance and punishable as provided under Chapter 23. Regardless of the existence of purported copies of the official zoning map which may, from time to time, be made or published, the official zoning map, which shall be located in the office of the municipal finance officer, shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in Groton.

4.0103 Zoning Map Replacement. In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or by number of changes and additions, the city council may, by ordinance, adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the mayor, attested by the municipal finance officer, and bearing the seal of the city under the following words: "This is to certify that this official zoning map supersedes and replaces the Official zoning map adopted (date of adoption of zoning map being replaced) as part of Ordinance No. ___ of Groton, South Dakota." Unless the prior official zoning map has been lost or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved together with all available records pertaining to it adoption or amendment.

P&Z Table of Contents

5.0101 General. For the purpose of this ordinance, unless otherwise stated, words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word shall is mandatory, not discretionary; the word may is permissive; the word person includes a firm, association, organization, partnership, trust, limited liability company, or corporation, as well as an individual; the word lot includes the words plat or parcel; and the words used or occupied include the words intended, designed, or arranged to be used or occupied.

5.0102 Specific Terms. For the purpose of this ordinance, certain terms or words used herein shall be interpreted as follows:

Accessory Use or Structure. A use or structure on the same lot with and of a nature customarily incidental and subordinate to the principle use or structure.

Adjacent Property. Properties connecting without regard for streets, alleys, or public right-of-way that divide the properties.

Adjoining Property. Properties connecting with a side in common.

Boulevard Area. Street right of way from the curbline (whether there is curb and gutter installed or not) of the surfaced street to the property line. Generally on a sixty-six foot (66') residential street right of way there shall be thirteen feet (13') on each side of the street for open space and public sidewalk. The surface may be of any appropriate surfacing material to assure compliance with soil erosion and sedimentation control standards, often this is landscaped. It is maintained by the property owner, but ownership remains with the City.

Building Area. The portion of a lot remaining after providing for the required yards.

Building. The word "building" includes the word "structure" and is a structure which is entirely separated from any other structure by space or by walls in which there are no communicating doors or windows or similar openings. Within a principle building including covered porches and paved patios is the principle use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be the principle building on the lot on which the same is situated.

Commission. Groton City Planning and Zoning Commission.

City Council. The Groton City Council.

Density. Pertaining to the number of dwelling units per net acre or gross acre, as indicated for the appropriate zoning district. Residential districts density shall not be exceeded for new subdivisions nor exceeded for resubdivision of existing platted land.

Dwelling, Single-Family. A detached residential dwelling unit other than a mobile home, designed for one (1) family.

Dwelling, Multiple-Family. A residential dwelling designed for two or more families living independently of each other and doing own cooking in said building.

Dwelling Unit. One room or rooms, connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or long-term basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking, bathroom, and sleeping facilities.

Feedlot, Commercial. A commercial feedlot is a place where the principle business is the feeding of livestock and such feeding is not done as a subordinate activity to the production of crops on the premises of which the feedlot is a part.

Floor Area. The sum of all gross horizontal enclosed area of the several floors of a building and its accessory building on the same lot excluding basement floor areas and nonenclosed portions of the structure. All dimensions shall be measured between exterior faces of walls.

Home Occupation. An occupation conducted in a dwelling unit provided that:

1. No more than one other person, in addition to members of the family, residing on the premises shall be engaged in such occupation;

2. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than thirty (30) percent of the floor area of the dwelling shall be used in conduct of the home occupation;

3. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one (1) square foot in area, non-illuminated and mounted flat against the wall of the principle building;

4. No traffic shall be generated by such home occupation in greater volumes than would normally be accepted in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard; and

5. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to normal senses off the lot, if the occupation is conducted in a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

Horticulture. The art or science of growing flowers, fruit, and vegetables.

Junk Yards. The use of more than seven hundred fifty (750) square feet of open storage on any lot, portion of a lot, or tract of land for the sale, storage, keeping, or abandonment of junk, scrap metals, or salvageable materials, or for the abandonment, dismantling, or wrecking of automobiles or other vehicles, machines, or parts thereof.

Kennel. Any lot, structure or premises where four (4) or more dogs and/or cats over four (4) months of age are kept.

Lot. For purposes of this ordinance, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or an approved private street, and may consist of:1

1. A single lot of record;

2. A portion of a lot of record;

3. A combination of portions and/or complete lots of record; and

4. A parcel of land described by metes and bounds; provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this ordinance.

Lot Frontage. The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, the zoning administrator shall determine which frontage shall require the full depth front yard and which frontage shall require one half depth front yard.

Lot Measurements.

1. Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear; and

2. Width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard, provided, however, that width between side lot lines at their foremost points where they intersect with the street line, shall not be less than eighty (80) percent of the required lot width except in the case of cul-de-sacs, where the eighty (80) percent requirements shall not apply.

Lot Types. Any lot within the jurisdiction of this ordinance shall be one of the following types:

1. Corner Lot. A corner lot is defined as a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side of lot lines to the foremost point of the lot meet at an interior angle of less than one hundred thirty-five (135) degrees.

2. Interior Lot. An interior lot is defined as a lot other than a corner lot with only one frontage on a street.

3. Through Lot. A through lot is defined as a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.

Manufactured Housing. Manufactured housing shall include double wide mobile homes, modular homes, prefabricated homes, prebuilt homes, packaged or kit homes. Manufactured homes shall constitute single family and two-family dwellings for purposes of this ordinance if said dwelling has a minimum width of twenty-three (23) feet, is covered with conventional siding, has a shingled or other suitable roofing material as commonly found on homes built on site with a pitched roof which stands on a permanent foundation, with or without a basement, and is taxed as real estate. All manufactured homes as herein before described shall consist of units produced in a factory or other building location and then moved to erection site all of which are produced in accordance with the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. sec. 5401 et seg.) as amended or the Uniform Building Code (International Conference of Building Officials) and then transported to the site and designed for long-term residential use.

Mobile Home. A one-family dwelling unit of vehicular, portable design, built on a chassis and designed to be moved from one site to another and to be used without permanent foundation and regardless of whether or not such wheels have been removed. This definition applies to single width, eight (8) feet, ten (10) feet, twelve (12) feet, fourteen (14) feet, sixteen (16) feet, or such other single width trailers as may appear. Regardless if a permanent foundation is placed under the mobile home as defined above and regardless if the mobile home is subsequently taxed as real property, the above-described dwelling unit shall remain a mobile home for purpose of this zoning ordinance. This definition shall not be construed as to include manufactured modular, prefabricated, precut, prebuilt, packaged or kit housing or dwelling units, as hereinbefore defined, all of which are built away from the site and transported to the site for erection, provided that when completely erected, said manufactured modular, precut, prefabricated, prebuilt, packaged or kit housing or dwelling unit shall be on a permanent foundation and taxed as real property.

Mobile Home Park. Any premises where one or more mobile homes are parked for living or sleeping purposes, or any premises used or set apart for supplying to the public, parking space for one or more mobile homes for living or sleeping purposes, and which include any buildings, structures, vehicles, or enclosure used or intended for use, or intended wholly or in part, for the accommodation of automobile transients.

Nonconforming Use. Any building or land unlawfully occupied by a use at the time of passage of this ordinance, which does not conform after passage of this ordinance.

Performance Standards. It is a criterion established for the purpose of:

1. Assigning proposed industrial uses to proper districts; and

2. Making judgments in the control of noise, odor, smoke, toxic matter, vibration, fire and explosive hazards, or glare generated by, or inherent in, uses of land or buildings.

Principle or Primary Use or Structure. The main use or structure of the lot as permitted in the district where the lot is situated. In any residential district, any dwelling shall be deemed to be the principle building on the lot on which the same is situated.

Public Sidewalks. A permanent smooth hard surfaced area built in accordance with Section 9-2-2, Specifications, maintained for walking by the public.

Public Utility Substation. An area where facilities are provided for the distribution of telephone, radio communications, water, gas, and electricity. These facilities shall be permitted as a conditional use in the various zoning districts subject to conditions which will assure their harmony, especially aesthetically with the nature of the respective districts.

Secondary Use or Structure. See Accessory Use or Structure.

Shelterbelt. A strip or belt of trees or shrubs established to reduce soil erosion and to protect yards, lots, buildings, livestock, residences, recreational areas, and wildlife from the wind.

Signs. Any device designed to inform or attract the attention of persons not on the premises on which the sign is located, provided, however, that the following shall not be included in the application of the regulations herein:

1. Signs not exceeding one (1) square foot in area and bearing only property numbers, post box number, names of occupants or premises, or other identification of premises not having commercial connotations;

2. Flags and insignia of any government except when displayed in connection with commercial promotion:

3. Legal notices; identification, informational, or directional signs erected or required by governmental bodies;

4. Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights; and

5. Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.

Sign, Off-Site. A sign other than an exterior or interior on-site sign. Off-site signs are more conventionally known as billboards regardless of size.

Sign, On-Site, Exterior. An exterior sign relating to its subject to the premises on which it is located, or to products, accommodations, services, or activities on the premises. Exterior on-site signs do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business, such as billboards which are off-site signs.

Sign, On-Site, Interior. A sign on the interior of a structure relating its subject matter to the premises on which it is located, or to products, accommodations, services, or activities on the premises. As long as any such sign is not normally viewable from the exterior of the premises, it shall not be regulated by this ordinance.

Special Exception. A special exception is a use that would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in such zoning district as special exceptions, if specific provisions for such special exception are made in this ordinance.

Street Line. The lot line abutting right-of-way line.

Structure. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, signs, billboards, and poster panels.

Temporary Structure. Any structure which will be at a location for 30 days or less.

Travel Trailer. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and/or recreational purposes having a body width not exceeding eight (8) feet.

Truck or Equipment Terminal. Any lot, structure, or premises used for the parking or storage of capital equipment such as trucks, trailers, or other like equipment.

Utility Substation. See Public Utility Substations.

Variance. A variance is a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owning to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. As used in the ordinance, a variance is authorized only for height, area, and size of structure or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district. This is NOT to be confused with a special exception.

Yard. A required open space other than a court, unoccupied and unobstructed by any structure or portion of a structure from thirty (30) inches above the grade of the lot upward, provided, however, that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.

Yard, Front. A yard extending between side lot lines across the front of a lot adjoining a public street. In any required front yard, no fence or wall shall be permitted which materially impedes vision across such yard above the height of thirty (30) inches, and no hedge or other vegetation shall be permitted which materially impedes vision across such yard between the heights of thirty (30) inches and ten (10) feet. In case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the zoning administrator may waive the requirement for the normal front yard and substitute therefor a special yard requirement which shall not exceed the average frontage provided on adjacent lots. In the case of corner lots which do not have reversed frontage, a front yard of the required depth shall be provided in accordance with the prevailing yard pattern; and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage. In the case of reversed frontage corner lots, a front yard of required depth shall be provided on either frontage; and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage. In the case of corner lots with more than two (2) frontages, the zoning administrator shall determine the front yard requirements, subject to the following limitations;

1. At least one front yard shall be provided having the full depth required generally in the districts; and

2. No other front yard on such lot shall have less than half depth required generally.

Depth of required front yards shall be measured with a straight line from the center of the front of the structure at right angles from a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding. Front and rear front yard lines shall be parallel. No portion of the structure shall protrude into the required side yard depths or into the half depth of the front yard.

Yard, Side. A yard extending from the rear line of the required front yard to the rear lot line, or in the absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot line involved with the public street. In the case of through lots, side yards shall extend from the rear lines of front yards required. In the case of corner lots, yards remaining after full- and half-depth front yards have been established shall be considered side yards. Width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with it inner edge parallel with the side lot line.

Yard, Rear. A yard extending across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards. Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line.

Zoning Administrator. City of Groton Finance Officer.

P&Z Table of Contents

6.0101 General. The regulations set forth by this ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land and particularly, except as hereinafter provided.

6.0102 Zoning Affects Every Building and Use. No building, structure, or land shall hereinafter be used or occupied; and no building or structure or part thereof shall hereinafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.

6.0103 Performance Standards. No building or other structure shall hereafter be erected or altered;

1. To exceed the height or bulk;

2. To accommodate or house a greater number of families;

3. To occupy a greater percentage of lot area;

4. To have narrower or smaller rear yards, front yards, side yards, or other open spaces; than herein required; or in other manner contrary to the provisions of this ordinance.

6.0104 Open Space or Off-Street Parking or Loading Space. No part of a yard or other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this ordinance shall be included as a part of a yard, open space, or off-street parking or loading space similarly required for any other building.

6.0105 Yard, Lot, Sidewalk, and Boulevard Reduction Prohibited. No yard, lot, sidewalk, or boulevard existing at the time of passage of this ordinance shall be reduced in dimension or areas below the minimum requirements set forth herein. Yards, lots, sidewalks or boulevards created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance.

6.0106 Unclassified or Unspecified Uses. Unclassified or unspecified uses may be permitted by special exception after the city planning commission has made a review and determination that such uses are similar in character to the principal uses permitted in the district.

P&Z Table of Contents

7.0101 Planning Commission Recommendations. It shall be a purpose of the Groton planning commission to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein. The planning commission shall make a preliminary report and hold public hearings thereon before submitting its final report, and the city council shall not hold public hearings or take action until it has received the final report of the city planning commission.

7.0102 Districts Created. For the purpose of this ordinance, there are hereby created seven (7) types of districts by which the jurisdictional area defined in Title 3 shall be divided:

(AG) Agricultural Fringe

(R-1) Residential

(R-2) Mobile Home

(R-3) Residential

(C) Commercial

(HC) Highway Commercial

(I) Industrial

P&Z Table of Contents

8.0101 Statement of Intent. The intent of this district is to protect land adjacent to communities from premature development that would inhibit orderly growth and development within the fringe area while maintaining normal agricultural undertaking.

8.0102 Permitted Principle Uses and Structure. The following principle uses and structures shall be permitted in Agricultural Fringe Protection District (AG).

1. Any form of agriculture including the raising of crops, horticulture, animal husbandry, and kennels;

2. Dwellings and their normal accessory buildings including mobile homes (MH) not to exceed five (5) units;

3. Railroad track right-of-way; and

4. Living quarters of persons employed on premises.

8.0103 Permitted Accessory Uses and Structure. The following accessory uses and structures shall be permitted in the Agricultural Fringe Protection District (AG):

1. Roadside produce stands in conjunction with a bonafide farm operation on the premises;

2. Artificial lake(s); and

3. Home occupations.

8.0104 Special Exceptions. After notice and appropriate safeguards, the Planning and Zoning Commission may permit the following special exceptions in the AG District, providing no new facility is closer than 30 feet from any occupied dwelling unless written permission is granted by owner or owners of such dwelling: (Existing activities listed below that expand within their present locations are exempt from this section).

1. Fairgrounds, racetracks, and amusement parks;

2. Utility substations;

3. Airports;

4. Cemeteries;

5. Golf courses, country clubs, and golf-driving ranges;

6. Amphitheaters, stadiums, drive-in movies, arenas, and field houses;

7. Go-cart tracks, riding stables, play fields, athletic fields, bowling, swimming pools, automobile parking;

8. Public parks, public recreational areas, churches, and schools;

9. Commercial feedlots;

10. Operation and maintenance terminal for truck and other equipment;

11. Junkyards and salvage yards provided they are set back one thousand (1,000) feet from state and federal road right-of-ways; if not, they must be screened and not visible to main traveled ways;

12. Sanitary landfill sites in accordance with the South Dakota Department of Environment and Natural Resources regulations; and

13. Planned Unit Development.

8.0105 Maximum Number of Approaches. There shall be no more than one (1) access approach on a public road or highway per one-quarter (1/4) mile on each side of the roads.

8.0106 Minimum Yards. There shall be a front yard of not less than eighty (80) feet deep from state federal right-of-ways or sixty (60) feet deep from other public road right-of-ways. The minimum lot area shall be one (1) acre. There shall be a frontage of not less than two hundred (200) feet across the lot.

8.0107 Minimum Shelterbelt Setback. Shelterbelt consisting of one or more rows when paralleled to the right-of-way shall be set back a minimum of one hundred fifty (150) feet from the right-of-way line. Field belts consisting of one or two rows perpendicular to the right-of-way shall be set back a minimum of seventy- five (75) feet from the right-of-way line. Shelterbelts for existing farmstead purposes are exempt from minimum set back requirements.

P&Z Table of Contents

9.0101 Intent. The intent of Residential District (R-1) is to provide for residential uses of varying types and other compatible uses in a pleasant and stable environment.

9.0102 Permitted Principle Uses and Structures.

1. Single-family and two- (2) family dwellings; and

2. Noncommercial horticultural uses,

9.0103 Permitted Accessory Uses and Structures.

1. Home occupations and professional offices; and

2. Accessory uses and structures normally appurtenant to the permitted uses and structures when established within space limits of this district.

9.0104 Special Exceptions. After the provisions of this ordinance relating to special exceptions have been fulfilled, the Planning & Zoning Commission may permit as special exceptions in Residential District (R-1):

1. Multiple-family dwellings;

2. Colleges and universities;

3. Churches, synagogues, and temples;

4. Nursery, primary, intermediate, and secondary schools;

5. Public recreational and park facilities;

6. Utility substations;

7. Convalescent, nursing, and rest homes;

8. Medical and other health facilities;

9. Governmental services; and

10. Recreational uses.

9.0105 Minimum Lot Requirements. The minimum lot areas shall be seven thousand (7,000) square feet for single-and two-family dwellings. The minimum lot area per dwelling unit in multi-family dwellings shall be seven thousand (7,000) square feet for the first two units and one thousand five hundred (1,500) square feet for each additional dwelling unit. The minimum lot width shall be fifty (50) feet.

9.0106 Minimum Yard Requirements. There shall be a front yard of not less than a depth of thirty (30) feet. There shall be a rear yard of not less than a depth of seven (7) feet. Each side yard shall not be less than seven (7) feet. For corner lot, see 5.01 definition Yard, Front.

9.0107 Sidewalk Location. If sidewalks are installed, they shall be a minimum width of five feet (5') located seven feet (7') from the curbline to one foot (1') from the property line. The rest of the boulevard area shall be landscaped.

P&Z Table of Contents

10.0101 Intent. This district is created to preserve and enhance property values in the city by providing designated, distinctive areas of not less than two (2) acres having a minimum of three hundred (300) feet in width in which mobile homes may be situated for residential dwelling purposes. It is the intent that this district be a desirable, prominent area providing adequate open space and essentially the same considerations given to citizens of other residential districts.

10.0102 Permitted Principle Uses and Structures. The following principle uses and structures shall be permitted in Planned Mobile Home Park District (R-2):

1. Mobile home dwellings;

2. Laundromats including facilities for coin-operated dry cleaning machines; and

3. Parks and playgrounds.

10.0103 Permitted Accessory Uses and Structures. Only those accessory uses and structures customarily incidental to principal uses and structures.

10.0104 Minimum Lot Requirements. The minimum lot area for individual mobile homes shall be seven thousand (7,000) square feet. The minimum lot width shall be fifty feet (50'). The overall density of any mobile home park shall not exceed six (6) units per gross acre.

10.0105 Minimum Yard Requirements. There shall be a front yard of not less than a depth of fifteen feet (15'). There shall be a rear yard of not less than a depth of seven feet (7'). Each side yard shall be seven feet (7') as measured from the outermost edge of the structure

10.0106 Mobile Home Parks (R-2). A mobile home park may be established by following the rezoning process for the Residential Mobile Home (R-2) District provided:

1. A request for a change in zoning districts to Residential Mobile Home (R-2) shall set forth the topography, legal description of the proposed mobile home park property, and a sketch of the proposed mobile home park, showing dimensions, driveways, proposed locations of mobile homes, the location of sanitary conveniences and other buildings and improvements;

2. Certification of compliance with all ordinances and regulations regarding mobile home park licensing and zoning, health, plumbing, electrical, building, fire prevention and all other applicable ordinances and regulations shall be a prior requirement; and

3. Property line, easements, and right-of-ways will also be shown.

10.0107 Mobile Home Regulations Within a Mobile Home Park.

1. Planned mobile home developments are permitted as a matter of right in districts zoned as Planned Mobile Home districts (R-2). However, to implement the statement of intent for this district, the following standards shall be met by any applicant.

a. The proposed property shall be located so that it shall not be necessary for excessive traffic movement from the park to pass through an existing single-family residential area or area suitable for future single-family residential development.

b. The property is not within an area used nor planned for industrial development, nor will the occupants of the proposed park be in any way adversely affected by nearby existing or planned industrial uses,

2. Access and Street Requirements.

a. All mobile home spaces must be served from internal private streets within the mobile home park, and there shall be no direct access from a mobile home space to a public street or alley. These streets must be a least graveled.

b. A minimum of two (2) off-street parking spaces shall be provided for each mobile home space; guest parking in the ratio of one parking space per five (5) mobile home spaces shall be interspersed throughout the mobile home park.

c. No internal private street access to public street shall be closer than one hundred feet (100') to any public street intersection.

d. All streets shall be lighted in accordance to the standards of the city.

e. Stop signs shall be placed at all public street intersections, Yield signs placed appropriately on internal private streets.

f. Entrance to mobile home parks shall have direct connections to a public road and shall be designed to allow free movement of traffic on such adjacent public roads.

g. Streets should be of adequate widths to accommodate the contemplated parking and traffic load in accordance with the type of street with ten feet (10') minimum moving lanes for collector streets, nine feet (9') minimum moving lanes for minor streets, and seven feet (7') minimum lanes for parallel parking.

h. Other requirements.

(1). Applicants shall comply with appropriate requirements of the subdivision regulations.

(2). Additional development requirements may be prescribed as conditions when such requirements are determined to be necessary to ensure the protection of the character of the neighboring properties, the compatibility of land uses, and the health and safety of mobile home park occupants.

Special Note: Also refer to Appendix A for further mobile home requirements and mobile home standards.

10.0108 Sidewalk Location. If sidewalks are installed, they shall be a minimum width of five feet (5') located seven feet (7') from the curbline to one foot (1') from the property line. The rest of the boulevard area shall be landscaped.

P&Z Table of Contents

11.0101 Intent. The intent is to provide for residential uses of all types and other compatible uses in a pleasant and stable environment.

1. Single-family dwellings;

2. Multi-family dwellings;

3. Noncommercial horticultural uses.

1. Home occupations and professional offices; and

2. Accessory uses and structures normally appurtenant to the permitted uses and structures when established within space limits of this district.

11.0104 Special Exceptions. After notice and appropriate safeguards, the Planning and Zoning Commission may permit as conditional uses:

1. Churches, synagogues, and temples;

2. Nursery, primary, intermediate, and secondary schools;

3. Public recreational and park facilities;

4. Medical and other health facilities;

5. Governmental services;

6. Hospitals, convalescent, nursing, and rest homes;

7. Utility substations; and

8. Commercial uses.

11.0105 Minimum Lot Requirements. Minimum lot area shall be seven thousand square feet (7,000') for single and multi-family dwellings. The minimum lot width shall be fifty feet (50').

11.0106 Minimum Yard Requirements. There shall be a front yard of not less than a depth of thirty feet (30'). Each side yard shall be seven feet (7') as measured from the outermost edge of the structure. For corner lot, see 5.01 definition Yard, Front.

11.0107 Sidewalk Location. If sidewalks are installed, they shall be a minimum width of five feet (5') located seven feet (7') from the curbline to one foot (1') from the property line. The rest of the boulevard area shall be landscaped.

P&Z Table of Contents

12.0101 Intent. The intent of the Highway Commercial District (HC) is to provide commercial areas for those establishments which can function most satisfactorily in an area directly related to a major vehicular circulation route due to the nature of the merchandise handled and the display space required, particularly items requiring expansive display area such as motor vehicles, trailers, and farm implements; the method of transport required to the purchaser for the merchandise handled, particularly goods customarily traded in bulk such as lumber or feed requiring access for the customer to the sales area; primary dependence upon vehicular, as opposed to pedestrian, access such as drive-in facilities and all types of automotive and farm implements service; or the clientele toward which the establishments are primarily oriented, particularly travelers on the highways.

12.0102 Permitted Principle Uses and Structures. The following principle uses and structures shall be permitted in Highway Commercial District (HC):

1. All retail sales and services; and

2. Wholesale trade.

12.0103 Permitted Accessory Uses and Structures. The following accessory uses and structures shall be permitted in Highway Commercial District (HC);

1. Accessory uses normally appurtenant to the permitted principal uses and structures when established in conformance within the space limits of these districts.

12.0104 Special Exceptions. Industry and manufacturing.

12.0105 Minimum Yard Requirements. There shall be a front yard of not less than a depth of forty feet (40'). There shall be a rear yard of not less than a depth of twenty feet (20'). Each side yard shall be not less than ten feet (10') as measured from the outermost edge of the structure.

12.0106 Boundaries. The Highway Commercial District (HC) shall extend three hundred feet (300') on either side of the highway.

12.0107 Bufferzone. When a highway commercial use is adjacent to an existing residential use, the building and lot must be buffered by a six foot (6') high fence or shrub line.

12.0108 Sidewalk Location. If sidewalks are installed, they shall be a minimum width of eight feet (8') located from the curbline.

P&Z Table of Contents

13.0101 Intent. The intent of the General Industrial District (I) is to provide space for certain types of industrial and/or manufacturing and/or warehouses or storage operations which are compatible to adjoining districts. Such uses generally require open storage of materials or goods either before, during, or after the manufacturing process but are of a low noise or nuisance level. Land designated for this district should be located in relation to the thoroughfare network of the community as well as rail and air if required and designated so as to not disrupt normal traffic flow. Planned industrial parks are encouraged in this district.

13.0102 Permitted Principle Uses and Structures. There are no permitted principle uses and structures.

13.0103 Permitted Accessory Uses and Structures. There are no permitted accessory uses and structures.

13.0104 Special Exceptions. Extensive lists of permitted and prohibited uses are impractical. Therefore, all industrial uses and structures may be allowed by special exception. The Planning and Zoning Commission of adjustment may permit as special exceptions in general industrial districts any use which is consistent with the intent of this district. The Performance Standards found in Appendix B may be used as guidelines in determining special exceptions.

13.0105 Minimum Yard Requirements. There shall be a front yard of not less than a depth of twenty-five feet (25'). There shall be a rear yard of not less than a depth of twenty feet (20'). Each side yard shall not be less than twenty feet (20'), provided, that on lots adjacent to a residential lot, all buildings shall be located so as to provide a minimum side and rear yard of twenty-five feet (25') along that portion of the lot adjacent to the residential lot.

13.0106 Sidewalk Location. If sidewalks are installed, they shall be a minimum width of eight feet (8') located from the curbline.

P&Z Table of Contents

14.0101 Intent. The intent of the Commercial District (C) is to provide a commercial area for those establishments serving the general shopping needs of the trade area and in particular, those establishments customarily oriented to the pedestrian shopper. The grouping of uses is intended to strengthen the central business area as the urban center of trade, service, governmental and cultural activities and to provide neighborhood commercial convenience areas.

14.0102 Permitted Principle Uses and Structures. The following principle uses and structures shall be permitted in the Commercial District (C):

1. All retail sales and services;

2. Lodges and fraternal organizations.

14.0103 Permitted Accessory Uses and Structures. Those accessory uses and structures normally appurtenant to the permitted uses and structures when established within the space limits of this districts.

14.0104 Special Exceptions. After the provisions of this ordinance relating to special exceptions have been fulfilled, the Planning and Zoning Commission of adjustment may permit as special exceptions in the Commercial District (C):

1. Grain elevators;

2. Other trade and service uses which are similar to the permitted principal uses and which are in harmony with the intent of this district;

3. Structures containing both commercial and residential uses;

4. Wholesale trade; and

5. Multi- and single-family dwellings.

14.0105 Minimum Lot Requirements. The minimum lot area shall be two thousand four hundred (2,400) square feet. The minimum lot width shall be twenty-five feet (25').

14.0106 Minimum Yard Requirements. All buildings located on lots adjacent to a residential district shall be located so as to conform on the adjacent side with the side yard requirements for the adjacent residential district. There shall be a rear yard of not less than a depth of seven feet (7')

14.0107 Sidewalk Location. If sidewalks are installed, they shall be a minimum width of eight feet (8') located from the curbline.

P&Z Table of Contents

15.0101 Visibility at Intersections. On all corner lots and lots bordering alleys and all private driveways intersecting public roads in all districts except Commercial, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two and one-half feet (2 ½') and ten feet (10') above the centerline grades of the intersecting streets, in the area formed by a radius of twenty feet (20') from the intersection of the streets, curbs, or edge.

15.0102 Erection of More than One Principle Structure on a Lot. In any district, more than one structure housing a permitted or permissible principle use may be erected on a single lot, provided, that yard and other requirements of this ordinance shall be met for each structure as though it were on an individual lot.

15.0103 Primary Structure Required for Secondary Structure. No secondary structure shall be permitted prior to the building of a primary structure. All secondary structures must be located on the same lot or an adjoining lot with the same frontage as that of the primary structure unless a special exception is granted. If a primary structure is removed from a lot, the secondary structure will be permitted to remain on the lot without a primary structure for no more than one (1) year. Within that one (1) year a primary structure must be constructed or the secondary structure must be removed.

15.0104 Building in Street. No person shall erect or maintain any building in such a position that the same shall stand in whole or in part upon any public street, road, alley, or sidewalk in said city, or so constructed that any part of the building proper shall project into or over such street, road, alley, or sidewalk; provided that jutting windows, cornices, and other projections from the buildings above the first story may extend over an adjoining street, road, alley, or sidewalk, not exceeding eighteen inches (18"); and no person shall construct any step, area, or other appurtenance to any building extending over or upon the sidewalk nor shall any person erect in any public street or road any flight of stairs or step leading to any floor of any buildings.

15.0105 Spacing of Signs. Signs may not be located in such a manner as to obscure or otherwise physically interfere with the effectiveness of an official traffic sign, signal, or device; obstruct or physically interfere with the driver's view of approaching, merging, or intersecting traffic.

15.0106 Manufactured Home Regulations. Manufactured homes are a permitted use in a Residential District (R-1) and may be permitted by special exception in other districts provided that they must:

1. Be placed on a permanent foundation approved by the building official of the City of Groton as meeting the requirements set forth in "Guideline for Manufactured Housing Installations," (most current edition) published by the International Conference of Building Officials.

2. A permanent perimeter enclosure around the foundation is required and must be capable of supporting the structure. It can be made of wood, brick, cement block, poured cement, or other suitable material. Plywood fixed to wood for appearance only is not acceptable.

3. Have had the towing hitch and running gear, which includes tongues, axles, brakes, wheels, lights, and other parts of the chassis that operate only during transportation, removed.

4. Have a pitched roof with not less than two and one-half feet (2 ½’) of rise for each twelve feet (12') of horizontal run with any roofing material used that is generally accepted for housing built on site.

5. Having exterior siding constructed from any materials that are generally accepted for housing built on site if applied in such a manner as to be similar in appearance, provided, however, that reflection from such exterior shall not be greater than from siding coated with clean, white, gloss, exterior enamel.

15.0107 Mobile Home Regulations. All inhabited mobile homes in all districts must comply with the following mobile home regulations:

1. Skirting--All mobile homes shall have adequate skirting from the bottom of coach to the ground.

2. Mobile Home Tiedowns--Each mobile home up to fourteen feet (14') in width shall be provided with over-the-top tiedowns to meet the standards following, and all mobile homes shall require the number of frame ties as shown in the following table:

3. Ground Anchors--Mobile home ground anchors shall be provided for each mobile home. Anchors shall be capable of withstanding five thousand seven hundred (5,700) pounds of pull and sunk to a depth of five feet (5').

**Additional criteria on mobile home piers, footings, tiedowns, and anchors can be found in Appendix A.

15.0108 Unauthorized Mobile Homes. No mobile home shall be parked and occupied in any unauthorized district for more than seven (7) days except upon a special permit issued by the City. Such permit shall be issued for a period not to exceed thirty (30) days and shall not be renewable within the same calendar year. Provided, however, a permit may be issued for parking and occupying a mobile home on land owned by the occupant or occupants, during the construction of a house thereon for a period not exceeding one hundred eighty (180) days and which shall be renewable for an additional period not exceeding one hundred eighty (180) days. However, if material progress with house construction is not made within forty-five (45) days from the issuance of a permit, or if construction work ceases for a consecutive period of forty-five (45) days, permit shall become void.