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.

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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).

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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.

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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.