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Article 1 – Curfew Law Section
9.1.01
Loitering of Minors Prohibited It shall be
unlawful for any minor under the age of eighteen (18) years to loiter, idle,
wander, stroll, or play in or upon the public streets, highways, roads, alleys,
parks, playgrounds, or other public grounds, public places, public buildings,
places of amusement and entertainment, vacant lots, or other unsupervised places
between the hours of: A.
10:30 o'clock p.m. and 6:00 o'clock a.m., official City time, on nights
before regular school days; and B.
12:00 o'clock p.m. and 6:00 o'clock a.m. on nights when school is not in
session the following day. However, the
provisions of this Section do not apply to a minor accompanied by his or her
parents, guardian, or other adult person having the care and custody of the
minor, or where the minor is upon and emergency errand or legitimate business
directed by his or her parent, guardian, or other adult person having the care
and custody of the minor. Each
violation of the provisions of this Section shall constitute a separate offense. Any person
that operates a business within the City shall not allow teenagers subject to
the curfew to remain on said business premises after curfew hours as defined
above.
Section
9.1.02
Responsibility of Parents It shall be
unlawful for the parent, guardian or other adult person having the care and
custody of a minor under the age of eighteen (18) years to knowingly permit such
minor to liter, idle, wander, stroll, or play in or upon the public streets,
highways roads, alleys, parks playgrounds, or other public grounds, public
places and public buildings, places of amusement and entertainment, vacant lots,
or other unsupervised places in violation of this Article. However, the provisions of this Section do not apply when the
minor is accompanied by his or her parent, guardian or other adult person having
the care and custody of the minor, or where the minor is upon an emergency
errand or legitimate business directed by his or her parent, guardian or other
adult person having the care and custody of the minor.
Each violation of the provisions of this Section shall constitute a separate offense.
Any minor
violating the provisions of Section 9.1.01 shall be dealt with in accordance
with Juvenile Court law and procedure. Any
parent, guardian, or other adult person having the care and custody of a minor
violating or business operator or employee of any business violating this
Article shall be guilty of a Class II Misdemeanor and fined pursuant to Section 14.01.
Article 2 – Nuisances and
Misdemeanors Section
9.2.01
Nuisances Definition A public
nuisance consists in unlawfully doing an act, or omitting to perform a duty
within the corporate limits of the City or in any public grounds or parks
belonging to the City or within one mile of the corporate limits of the City not
within another municipality, which an act or omission either: A.
Annoys, inures, or endangers the comfort, repose, health or safety of
others;
B.
Offends decency;
C.
Unlawfully interferes with, obstructs, or tends to obstruct or renders
dangerous for passage any stream, public sidewalk, public park, square, street,
alley or highway, or any public building where the public is invited to enter;
or
D.
In any way renders other persons insecure in life, or in the use of
property; and which affects at the same time an entire community or
neighborhood, or any considerate number of persons, although the extent of the
annoyance or damage inflicted upon the individuals may be unequal. The remedies
against a public nuisance in addition to those prescribed herein shall be those
prescribed by the South Dakota Code.
Section
9.2.02
Property Found in Streets and Other Public Places No person
shall abandon, leave or place in any street, alley or public place of the City
any property of any kind; and no person shall permit any property of any kind so
abandoned, left or placed to be or remain for more than twenty-four (24) hours
in any street, alley or public place of the City, adjacent to or in heretofore
and hereafter so abandoned, left or placed in any such street, alley or public
place and any property heretofore or hereafter abandoned, left or placed by any
person on any private property of which report or complaint may have reached any
bureau or department of the City, is declared to be a public nuisance and an
obstruction and a menace to the public welfare, comfort, safety and health.
Section
9.2.03
Removal and Abatement It is hereby
made a duty of the health officer and members of the health department or any
member of the Police Department to report to the Chief of Police or to the
Commissioner in charge of the Street Department as to any property so abandoned,
left or placed and the Commissioner in charge of the Street Department or the
Chief of Police, shall look after the removal of such obstruction and abatement
of such nuisance as soon as possible after receiving any such report.
Section
9.2.04
Expense Made Lien It shall be
the duty of the Police Department to take possession of any article of property
so abandoned, left or placed on any public or private property, and if the same
is believed to have any value, to keep it and make an attempt to find the owner
thereof, and to retain any such article heretofore so taken up by it.
It shall be the duty of said Department to maintain a place for the
keeping of any such article until the same shall be claimed or otherwise
disposed of and the City shall have a lien thereon for the reasonable expenses
incurred and value or cost of the time and effort necessary in taking, removing
and storing such article, and for the value of the storage and keeping thereof,
and may retain possession until any and all such liens are discharged.
Section
9.2.05
Sale and Disposition If any such
article of property has been or is kept for ninety (90) days or more without
being claimed, the same may be disposed of by said Department; if of no value or
slight value, it may be destroyed; if of slight value but of use to the City, it
may be turned over to the property Department and used until claimed and the
charges hereby made a lien thereon shall be regarded as a sufficient offset to
the value of any such use; if of more than slight value, it may be sold by said
Department by public auction ten (10) days after notice of such sale has been
given by one (1) publication in a legal newspaper published in the City and the
City may be a bidder at such sale. If
on any such sale an amount is bid in excess of the charges or lien of the City,
such excess shall be deposited to the credit of the general fund of the City.
No person
shall, in the City, conduct himself or herself in any unseemly manner or way, or
in any manner tending to degrade and unsuited to the promotion of the morals,
order, health or comfort of the inhabitants of this City.
Section
9.2.07
Indecent Exposure No person
shall, in the City, appear in any public place in a state of nudity, nor shall
any person make any indecent exposure of his or her self or be guilty of any
lewd or indecent acts, nor shall any person perform any indecent, immoral or
lewd play. No person shall post,
publish, print, show or exhibit, or cause to be posted, printed, published,
shown or exhibited, or exposed to public grounds of the City any lewd, indecent
or obscene, picture, print photograph, lithograph, or other representation
either by exposing them stationary to view or causing them to pass before the
vision of persons by moving picture machines or other article means.
Section
9.2.08
Disturbing the Peace No person
shall, in the City, disturb the peace of the City by any unlawful assembly of
persons, nor disturb the peace of any neighborhood, family, or person by
violence, tumultuous or offensive conduct, or by loud or unusual noises of
voices or music by profane, obscene,
indecent, violent, or threatening language, or by assaulting, striking, or by
attempting to assault or strike, or inviting or defying another person to fight
or quarrel, or by willfully and maliciously destroying or attempting or
threatening to destroy or injure any property belonging to another, or be
engaged in a fight with another person in this City.
Section
9.2.09
Assault and Battery No person
shall, in the City, commit any assault or assault and battery upon the person of
another.
Section
9.2.10
Dangerous Weapons No person,
except officers of the law in the execution of their duties, or a person in self
defense, shall in the City draw a pistol, revolver, knife or any other deadly or
dangerous weapon upon another person.
Section
9.2.11
Concealed Weapons It shall be
unlawful for any person in the City to carry concealed about his person any
pistol, fire arm, sling shot, brass knuckle or dirk knife, or any other
dangerous or deadly weapon or any instrument or device which when used is likely
to produce death or great bodily harm; provided that this Section shall not be
construed to prohibit any peace officer from wearing or carrying such weapons as
may be necessary and proper in the discharge of his official duties.
Section
9.2.12
Refusal to Obey It shall be
unlawful for any person to refuse to obey the Chief of Police or any policeman
when such officer shall require his aid for arresting any person accused of a
crime or suspected of a crime, or in the suppression of any riot or unlawful
assembly, or in the preventing the commission of any offense against the City or
the State of South Dakota.
Section
9.2.13
Loafing, Loitering, or Lingering It shall be
unlawful for any person to loaf, loiter, or linger around or about the City
Jail, or to furnish or deliver by any means whatever, any property to any person
confined in the City Jail or Jail Exercise Yard of the City.
Section
9.2.14
Unauthorized Duties No person not
duly authorized to exercise the duties covered by law upon policemen of this
City shall wear a policeman's badge or a detective's badge or represent himself
as being a policeman or police officer, or detective, or attempt to exercise the
duties of a police officer in the City.
Section
9.2.15
Discharge of Fire Arms No person
shall within the City discharge any pistol, revolver, shot gun, rifle, air rifle
or any other fire arm, except in the performance of a public duty.
Section
9.2.16
Paint Balls and B.B. Guns It shall be
unlawful for any person under eighteen (18) years of age, within the City limits
to possess any type of B.B. Gun, B.B. Rifle, B.B. Pistol, or Air Rifle or Pistol
or Pellet Gun.
Section
9.2.17
House of Ill Fame No person
shall keep any bawdy house, house of prostitution, or house of ill fame, or
assignation within the City limits or within one mile of the outer boundary of
the City nor harbor or allow any person to be or remain in such house or place.
Section
9.2.18
Unlawful Sexual Acts No person
shall frequent any bawdy house, house of ill fame, or house of prostitution as
assignation, nor be a inmate or visitor of such house or houses; nor shall any
person use or occupy any room, house or building within the City for the purpose
of unlawful sexual intercourse.
Section
9.2.19
Unlawful Solicitation No person
shall within the City or within one mile of the outer boundaries of the same,
solicit, entice or urge any person to enter a house of ill fame, prostitution or
assignation, nor solicit any person to occupy any room, house, building or other
place for the purpose of unlawful sexual intercourse, nor shall any person
solicit, entice or urge any other person to engage in unlawful sexual
intercourse.
No person
shall in the City by words, signs, or other wise set any dog or dogs to fight or
to attack any other dog or dogs, nor shall any person said, abet or encourage
any dog to fight, nor in any manner set on or encourage any dog to attack or
chase any animal that is not engaged in any malicious act; and no owner, keeper,
or harborer of any such dog shall knowingly permit or allow such dog to fight
without endeavoring so far as he is able to prevent the same.
It shall be
unlawful for any person to throw paper, rags,
cans, bottles, or other litter on the streets, alleys, or public or private grounds of the City where it may be blown, or
carried, onto and over the streets or
alleys of the City or private
property.
Section 9.2.21 Litterin It shall be
unlawful for any person to sell or offer for sale in the City any spoiled,
diseased or rotten meat or spoiled provisions of any kind.
Section
9.2.23
Curbs and Sidewalks It shall be
unlawful for any person to cross or pass over or upon any curbing or sidewalk
with any team of animals, or any wagon, automobile, truck, tractor or other
vehicle, or ride or drive thereon, except where crossings are provided therefore,
in the City.
Section
9.2.24
Lounging and Loitering No person
shall obstruct or encumber any street corner or sidewalk, or other public place
of the City, by lounging or loitering in, on or about the same, but shall
immediately move on at the request of any officer of the City or any peace
officer.
Section
9.2.25
Obstruction of Streets or/and Alleys Whenever,
from any cause, any street or alley of the City shall be obstructed by a press
of automobiles, trucks, or other vehicles, loaded or otherwise, Chief of Police
or other policeman may give such directions in regard to the removal of such
automobiles, trucks, and vehicles as in his opinion may be required by the
public convenience, and it shall be unlawful for any person to refuse to obey
such directions.
Section
9.2.26
Obstruction of Sidewalks It shall be
unlawful for any person receiving or delivering goods, wares or merchandise to
place or keep the same upon an sidewalk without leaving a passage at least five
(5) feet wide; and such goods shall not be allowed to remain on such sidewalk
for a longer period than two (2) hours, within the City.
Section
9.2.27
Obtaining Permission It shall be
unlawful for any person to obstruct any street, alley, sidewalk or other public
ground by placing therein or thereon any building materials, or any kind of
machinery, vehicle, or any article or thing; nor shall any person remove or
assist in removing any building into, along or across any street, alley or
public ground of the City, without first obtaining written permission from the
Mayor, and conforming to such restrictions and conditions as he may prescribe
and such regulations as are fixed by the ordinances of the City.
Any person
violating any of the provisions of this Article or failing to comply with the
provisions thereof shall be deemed guilty of a Class II Misdemeanor and fined
pursuant to Section 14.01. Any defendant
found guilty under any of the provisions of this Article shall be committed to
jail for one (1) day for every ten (10) dollars of such fine and costs, unless
the same are paid, and the such defendant shall during such time and during the
time of his jail sentence works for the City under the direction of the Chief of
Police at such labor as the strength of the person will allow.
CHAPTER 9 OFFENSES AND MISDEMEANORS Article 3 - Abandoned Vehicles Section 9.3.01 Other Ordinances Repealed The Ordinance herein shall amend Chapter 9, Article 3 of the Winner Municipal Code and that the Ordinaces described in the existing Chapter 9, Article 3 of the Winner Municipal Code are hereby repealed in all respects.
For the purposes of this article, the following terms, phrases words and their derivations shall have the meaning given herein:
(2) "Antique/collectible vehicle" means any motor vehicle having
special value because of its age or characteristics and does not meet the junked
motor vehicle definition.
(3) "City" means the city of Winner
(4) "Inoperable vehicle" means any motor vehicle, as herein
defined, which has not physically moved twenty-five (25') feet in a six (6)
month period, or which is not in operating condition due to damage or removal or
inoperability of one or more tires and wheels, damage or removal or
inoperability of the engine or other essential parts required for the operation
of the vehicle, or which does not have lawfully affixed thereto a valid state
license plate or which constitutes an immediate health, safety, fire or traffic
hazard.
(5) "Junked motor vehicle" means any motor vehicle which does
not have lawfully affixed thereto a valid state license plate or plates, or the
condition of which is wrecked, dismantled, partially dismantled, inoperable or
discarded.
(6) "Motor vehicle" means any vehicle which is designed to
travel along, or on the ground or water and shall include, but not be limited
to, automobiles, buses motorbikes, motorcycles, ' including three-wheel or
all-terrain vehicles, motor scooters, snowmobiles, trucks, tractors, go-carts,
golf carts, campers, trailers, boats, jet skis and farm equipment.
(7) "Person" means any person, firm, partnership, association,
corporation, company or organization of any kind.
(8) "Private property" means any real property within the city
which is privately owned and which is not public property as defined in this
section. (9) "Public property" means any street alley or highway, or boulevard which shall include the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel, and also means any other publicly own property or facility
Section 9.3.03 Storing, Parking Or Leaving Abandoned, Wrecked, Dismantled, Inoperable, Junked or Partially Dismantled Motor Vehicles Declared Nuisance - Exceptions. The presence of an abandoned, wrecked, dismantled, inoperable, junked or partially dismantled motor vehicle or parts thereof on private or public property is a public nuisance which may be abated as such in accordance with the provisions of this chapter. This section shall not apply to any motor vehicle enclosed within a building on private property or to any motor vehicle in connection with a business enterprise, lawfully licensed by the city and properly operated in the appropriate business zone, pursuant to the zoning laws of the city. A motor vehicle in operable condition specifically adopted or designed for operation on drag strips or raceways, covered by an appropriate fence or building to screen it from view during non-racing seasons, may be kept on private property. A motor vehicle in operating condition retained by the owner for antique collection purposes, covered by an appropriate fence or building to screen it from view may be kept on private property. All other motor vehicles must be in an appropriate enclose building or fenced area with the vehicles out of public view.
Section 9.3.04 Storing, Parking or Leaving Dismantles or Other Such Motor Vehicles On Public Property Prohibited No person shall park, store, leave or permit the parking, storing or leaving of any abandoned, wrecked, dismantled, inoperable, junked or partially dismantled motor vehicle of any kind, whether attended or not, upon any public property or right-of-way within the city.
Whenever any police officer finds an abandoned motor vehicle or an unattended motor vehicle which is in a wrecked, dismantled, inoperable, junked or partially dismantled condition on public property within the city, he shall place on the vehicle a notice to remove in twenty-four (24) hours or the vehicle will be towed. If the vehicle is not removed within the twenty-four (24) hour time limit, the police officers are authorized to provide for the removal of such motor vehicle to a garage or place of safety as designated by the City. A motor may be removed at any time under the direction of the Police department.
Section 9.3.06 Notice to Owner. It
is the duty of the police department to notify, by certified mail or by personal
delivery, the registered owner, if known, and if encumbered, the lien holder, of
the removal and storage of any motor vehicle under the provisions of this
chapter and where such motor vehicle has been stored. If the owner or his or her
address is unknown, a notice of removal and storage shall be given by the
county. If the owner, for whatever reason is not contacted after reasonable
efforts have been made to contact him or her, a notice of removal and storage
shall be given by one publication in a newspaper of general circulation in the
county. The notice shall set forth the date and place of the taking, the year, the make, model and serial number of the abandoned or wrecked motor vehicle and the place where the vehicle is being held, and shall inform the owner and any lien holders of their right to reclaim their vehicles.
Section 9.3.07 Sale of Unclaimed Motor Vehicle If, after sixty (60) days from the date of mailing or publishing notice of removal and storage provided for by this chapter, the motor vehicle shall remained unclaimed, such motor vehicle may be sold by the police department at public auction upon notice of sale to be published in a newspaper of general circulation in the county not less than once a week for two (2) consecutive weeks. The removal agency shall have the rights and obligations conferred upon it by SDCL 32-36 in regard to titling or disposition of such unclaimed, abandoned or inoperable vehicle, except that, if not otherwise provided by State law, it shall have a possession lien upon any vehicle removed under the provisions of this article for the costs or reasonable charges in taking custody of and storing such vehicles.
Section 9.3.08 Notice of Sale The notice of sale provided for by this chapter shall contain a description of the removed and stored motor vehicle, including the year, make, model, serial number, color, license number, if any; a statement that the motor vehicle was found abandoned, the date thereof, and the place, date and time at which such motor vehicle shall be sold, which date shall not be sooner than one (1) week following the date of the last publication of notice.
The city shall have a possessor lien upon any motor vehicle removed under the provisions of this chapter for the costs in taking custody, including towing and storing, of such motor vehicle
Section 9.3.10 Title May Vest in City - When If, after sixty (60) days from the date of mailing or publishing the notice of removal and storage provided for by this chapter, the motor vehicle shall remain unclaimed, the title to such motor vehicle may be disposed of as set out above. The proceeds of any such disposal shall first be applied to the costs incurred in the enforcement of this chapter with the balance to be deposited to the general fund of the city. The removal agency shall have the rights and obligations conferred upon it by SDCL 32-36 in regard to titling or disposition of such unclaimed, abandoned or inoperative vehicle, except that, if not otherwise provided by State law, it shall have a possession lien upon any vehicle removed under provision of this article for the costs for reasonable charges in taking custody of, including towing and storing such vehicle.
Section 9.3.11 Citation If a vehicle as described above is located upon public property and the police officer gives notice of removal within twenty-four (24) hours and the vehicle is not removed, the police officer shall then arrange for immediate removal of the vehicle and issue a citation to the owner, lessee, or person having possession of the motor vehicle.
Section 9.3.12 Duty of Private Property Owners. No person owning, in charge of or in control of any real property within the city, whether as owner, tenant, occupant, lessee or otherwise, shall allow any wrecked, dismantled, inoperable, junked or partially dismantled motor vehicle of any kind to remain on such property longer than five (5) years.
Section 9.3.13 Notice to Remove Whenever it comes to the attention of the police department or the Code Enforcement Officer that any person has a wrecked dismantled, inoperable, junked, or partially dismantled motor vehicle on his property, a notice in writing shall be served upon such person requesting the removal of such motor vehicle within five (5) days or such notice may be served by certified mailing requesting the removal of such motor vehicle within seven (7) days. After notice to remove is given and the vehicle is not moved within the allotted day period, the city may remove the vehicle and the owner, tenant, occupant, lessee or possessor shall be responsible for the towing charges and storage costs that might be incurred by the city.
Section 9.3.14 Responsibility For Removal Upon proper notice, the owner, lessee or possessor of the wrecked, dismantled, inoperable, junked or partially dismantled motor vehicle and the owner or occupant of the private property on which the same is located, either or all of them, shall be responsible for its removal.
Section 9.3.15 Notice Procedure. The police department or the Code Enforcement Officer shall give notice of removal to the owner or occupant of the private property where it is located. It shall constitute sufficient notice when a copy of same is sent by certified mail or personally delivered to the owner or occupant of the private property at his last known address.
Section 9.3.16 Content of Notice The notice shall contain the request for removal within seven (7) days after the mailing of such notice by certified mail or within five (50 days if the notice is served personally upon the owner or occupant of the private property, ad the notice shall advise that failure to comply with the notice to remove shall be a violation of this chapter.
Section 9.3.17 Racing Vehicles or Antique Vehicles. No owner or occupant of private property shall have a motor vehicle specifically adopted or designed for operation on the drag strips or raceways or a motor vehicle retained on private property for antique collection purposes unless such race cars or antique vehicles are either parked inside of a building or shall be parked being a fence shielding from public view.
Section 9.3.18 Removal. If the vehicle is not removed within the period of time allotted in the notice described above, then the police officers are authorized to provide for the removal of said motor vehicle to a garage or place of safety as designated by the City.
Section 9.3.19 Notice to Owner. After the removal of the vehicle to a garage or place of safety as designated by the City, it shall be the duty of the police department or the Code Enforcement Officer to notify, by certified mail or by personal delivery, the registered owner, if known, and if encumbered, the lien holder, of the removal and storage of any motor vehicle under the provisions of this chapter and where such motor vehicle has been stored. If the owner or his or her mailing address is unknown, a notice of removal and storage shall be given by one publication in a newspaper of general circulation in the County. If the owner, for whatever reason, is not contacted after reasonable efforts have been made to contact him or her, a notice or removal and storage shall be given by one publication in a newspaper of general circulation in the County.
Section 9.3.20 Contents of Notice. The notice shall set forth the fate and place of the taking, the year, the make, model and serial number of the abandoned or wrecked motor vehicle and the place where the vehicle is being held, and shall inform the owner and any lien holders of their rights to reclaim the vehicle.
Section 9.3.21 Sale of Unclaimed Motor Vehicles. If, after thirty (30) days from the date of mailing or publishing a notice of removal and storage provided by this chapter, the motor vehicle shall remain unclaimed, such motor vehicle may be sold by the police department at public auction upon notice to be published in a newspaper of general circulation in the county not less than once a week for two (2) consecutive weeks.
Section 9.3.22 Notice of Sale. The notice of sale provided for by this chapter shall contain a description of the removed and stored motor vehicle, including the year, make, model, serial number, color, license number, if any; a statement that the motor vehicle was removed from private property and is wrecked, dismantled, or inoperative, the date of the removal thereof, and the place, date and time at which such motor vehicle shall be sold, which date shall not be sooner than one (1) week following the date of the last publication of notice.
Section 9.3.23 Title May Vest in City - When. If, after thirty (30) days from the date of mailing or publishing the notice of removal and storage provided for by this chapter, the motor vehicle shall remain unclaimed, the title to such motor vehicle shall be vested in the city and such motor vehicle may be disposed of in any manner as may be provided by the city council. The proceeds of ay such disposal shall first be applied to the costs incurred in the enforcement of this chapter with the balance to be deposited to the general fund of the city. The removal agency shall have the rights and obligations conferred upon it by SDCL 32-36 in regard to inoperative vehicle, except that, if not otherwise provided by State law, it shall have a possession lien upon any vehicle removed under provision of this article for the costs for reasonable charges in taking custody of, including towing and storing such vehicle.
Section 9.3.24 Penalty For Violation Any person violating any of the provisions of this chapter shall be guilty of municipal ordinance violation punishable by a fin not to exceed Two Hundred Dollars ($200.00) and each and every day that the violation continues shall constitute a separate offense. All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed and from and after the effective date of this ordinance, this ordinance shall take precedence over any other ordinance previously adopted.
CHAPTER 9 OFFENSES AND MISDEMEANORS Article 4 - Vagrancy Section
9.4.01
Vagrants Defined The following
described persons are vagrants: A.
Any person who wanders about in idleness, or lives in idleness who is
able to work and has no property sufficient for his support; B.
Any person leading an idle, immoral or profligate life, who has no
property sufficient for his support, and who is able to work and does not work; C.
Any able bodied person with no property sufficient for his support, who
loafs, loiters or idles in any city, town or village, or upon a public highway,
or about any public place in this state without any regular employment;
D.
Any person trading or bartering stolen property, or who unlawfully sells
or barters any spirituous, vinous or malt or other intoxicating liquors; |
