TOWN OF KENNEBEC, SOUTH DAKOTA

CODE OF ORDINANCES

Published by:AMERICAN LEGAL PUBLISHING CORPORATION

One West Fourth Street 3rd Floor Cincinnati, Ohio 452021-800-445-5588 www.amlegal.com

KENNEBEC, SOUTH DAKOTA

TOWN OFFICIALS

Chairperson Todd LongvilleVice-Chairperson Eugene Mertens Members Rod Bowar

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Jared SchelskeHunter Schindler

KENNEBEC, SOUTH DAKOTACODE OF ORDINANCESTABLE OF CONTENTS

Chapter

TITLE I: GENERAL PROVISIONS

10. Rules of Construction; General Penalty

TITLE III: ADMINISTRATION

30. Officers and Organization

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31. Personnel Policies32. Finance and Revenue; Taxation33. General Policies34. Identity Theft Protection

TITLE V: PUBLIC WORKS

50. Garbage and Refuse51. Water and Sewer Generally52. Water53. Sewers

TITLE VII: TRAFFIC CODE

70. Traffic and Parking71. Schedules

TITLE IX: GENERAL REGULATIONS

90. Health and Sanitation; Nuisances91. Animals92. Fire Regulations; Fireworks93. Streets, Alleys and Public Grounds

TITLE XI: BUSINESS REGULATIONS

110. Licensing and Regulations

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TITLE XIII: GENERAL OFFENSES

130. General Offenses

TITLE XV: LAND USAGE

150. Building Regulations; Construction151. Manufactured and Mobile Homes152. Floodplain Management

TABLE OF SPECIAL ORDINANCES

Table

I. Agreements and FranchisesII. Real Estate, Vacations and Property ProvisionsIII. Annexations

PARALLEL REFERENCES

References to South Dakota Codified LawsReferences to ResolutionsReferences to Ordinances

INDEX

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TABLE OF SPECIAL ORDINANCES

Table

I. AGREEMENTS AND FRANCHISES

II. REAL ESTATE, VACATIONS AND PROPERTYPROVISIONS

III. ANNEXATIONS

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TABLE I: AGREEMENTS AND FRANCHISES

Ord./Res. No. Date Passed Description

11 2-23-1911 Granting to Intercon Telephone Company permission to operate a telephone exchange

12 2-23-1911 Granting permission to John McGuigan permission to operate a telephone exchange

20 - - Granting John F. Spotts= estate permission to operate a general telephone exchange

23 - - Granting Central West Public Service Company a franchise for electricity distribution

25 3-18-1930 Granting Central West Public Service Company a franchise for light, heat and power distribution

47 - - Granting Central Electric and Gas Company a franchise for energy, heat and power distribution

62 5-14-1954 Granting Lloyd B. Johnstone permission to operate a telephone exchange system

97 - - Granting West Central Electric Cooperative, Inc., a franchise for electric energy transmission

123 - - Granting Kennebec-Presho Cable Television Company (dba, K.P.C.T.C. Company) a non-exclusive franchise for cable television transmission

148 4-10-1995 Granting the Kennebec Telephone Company, Inc., a non-exclusive franchise for cable television transmission

166 11-4-2002 Amendment; granting the Kennebec Telephone Company, Inc., a non-exclusive franchise for cable television transmission

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TABLE II: REAL ESTATE, VACATIONS AND PROPERTY PROVISIONS

Ord./Res. No. Date Passed Description

- 12-7-1955 Real property transfer between the town and Joe M. Teasdale

R. - 4-4-1966 Entering into a purchase option with Joe Quillin for land for recreational and park purposes

R. 99-4 - - Real property exchange between the town and William H. and Lola M. Anderson

R. 2016-4 - -2016 Exchanging easements

- 4-18-2016 Assigning a perpetual easement

- 4-18-2016 Assigning a perpetual easement

TABLE III: ANNEXATIONS

Ord./Res. No. Date Passed Description

R. - 7-5-1977 Annexing multiple lots in Section 17 of the town

TITLE I: GENERAL PROVISIONS

Chapter

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10. RULES OF CONSTRUCTION; GENERAL PENALTY

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CHAPTER 10: RULES OF CONSTRUCTION; GENERAL PENALTY

Section

10.01 Title of code10.02 Rules of interpretation10.03 Captions10.04 Definitions10.05 Severability10.06 Reference to other sections10.07 Reference to offices10.08 Errors and omissions10.09 Powers to enact, amend or repeal ordinances and resolutions;

generally10.10 Ordinances repealed10.11 Ordinances unaffected10.12 Repeal or modification of ordinance10.13 Ordinances which amend or supplement code10.14 Preservation of penalties, offenses, rights and liabilities

10.99 General penalty

' 10.01 TITLE OF CODE.

(A) All ordinances of a permanent and general nature, as revised, codified, rearranged, renumbered and consolidated into component codes, titles, chapters and sections, shall be known and designated as the AKennebec Code@, for which designation Acode of ordinances@ or Acodified ordinances@ may be substituted.

(B) Code title, chapter and section headings do not constitute any part of the law as contained in the code.

' 10.02 RULES OF INTERPRETATION.

(A) Generally. Unless otherwise provided herein, or by law or implication required, the same rules of construction, definition and application shall govern the interpretation of this code as those governing the interpretation of state law.

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(B) Specific rules of interpretation. The construction of all ordinances shall be by the following rules, unless that construction is plainly repugnant to the intent of the legislative body or of the context of the same ordinance.

(1) Acts by assistants. When a statute, code provisions or ordinance requires an act to be done which, by law, an agent or deputy as well may do as the principal, that requisition shall be satisfied by the performance of the act by an authorized agent or deputy.

(2) Gender; singular and plural; tenses. Words denoting the masculine gender shall be deemed to include the feminine and neuter genders; words in the singular shall include the plural, and words in the plural shall include the singular; the use of a verb in the present tense shall include the future, if applicable.

(3) General term. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited. General terms descriptive of an officer, act, proceeding or thing shall have reference to a municipality concerned or affected.Statutory reference:

General terms descriptive of an officer, act, proceeding and the like, see SDCL ' 9-1-1

' 10.03 CAPTIONS.

Headings and captions used in this code other than the title, chapter and section numbers are employed for reference purposes only and shall not be deemed a part of the text of any section.

' 10.04 DEFINITIONS.

For the purpose of this code of ordinances, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

COMPUTATION OF TIME.

(1) The time in which any act provided by this code or other ordinance is to be done is computed by excluding the first day and including the last, unless the last is a holiday and then it also is excluded.

(2) Fractions of a day are to be disregarded in COMPUTATIONS which include more than one day and involve no questions of priority.

COUNTY. The County of Lyman, South Dakota.

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ELECTOR(S) or QUALIFIED ELECTOR(S). Voter(s).(SDCL ' 9-1-1)

GOVERNING BODY. The Board of Trustees of the Town of Kennebec, South Dakota.(SDCL ' 9-1-1)

LOT. Includes PARCEL or TRACT OF LAND.(SDCL ' 9-1-1)

MONTH. A calendar month.

MUNICIPALITY or MUNICIPAL CORPORATION. All cities and towns organized under the laws of the state, but shall not include any other political subdivisions.(SDCL ' 9-1-1)

ORDINANCE. A permanent legislative act within the limits of its powers of the governing body of a municipality.(SDCL ' 9-19-1)

OWNER. As used in this code relating to local improvements, the grantee in the last deed of conveyance of any lot or parcel of land recorded in the office of the Register of Deeds of the county or counties in which the municipality is located, or his or her heirs or successors.(SDCL ' 9-1-1)

PUBLICATION. Any requirement for PUBLICATION shall mean publication in the official newspaper of the municipality concerned or affected, if any; but if none, then, in a legal newspaper published in such municipality, if any; but, if none, then, in any legal newspaper which serves such municipality, except as provided by SDCL ' 9-13-13. Personal service, either within or without the state, upon the person affected thereby by delivery of a copy of a notice required to be published shall be equivalent to the required PUBLICATION.(SDCL ' 9-1-1)

RESOLUTION. Any determination that, decision or direction of the governing body of a municipality of a temporary or special character for the purpose of initiating effecting or carrying out its administrative duties and functions.(SDCL ' 9-19-1)

SDCL. South Dakota Codified Laws.

STREET. STREET includes AVENUE.(SDCL ' 9-1-1)

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TOWN. The Town of Kennebec, South Dakota.

YEAR. A calendar year.

' 10.05 SEVERABILITY.

If any provision of this code as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application.

' 10.06 REFERENCE TO OTHER SECTIONS.

Whenever in one section reference is made to another section hereof, that reference shall extend and apply to the section referred to as subsequently amended, revised, recodified or renumbered unless the subject matter is changed or materially altered by the amendment or revision.

' 10.07 REFERENCE TO OFFICES.

Reference to a public office or officer shall be deemed to apply to any office, officer or employee of the local government exercising the powers, duties or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary.

' 10.08 ERRORS AND OMISSIONS.

If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express the intent, the spelling shall be corrected and the word or words supplied, omitted or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of the error.

' 10.09 POWERS TO ENACT, AMEND OR REPEAL ORDINANCES AND RESOLUTIONS; GENERALLY.

Every municipality may enact, make, amend, revise or repeal all such ordinances, resolutions and regulations as may be proper and necessary to carry

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into effect the powers granted thereto.

' 10.10 ORDINANCES REPEALED.

This code, from and after its effective date, shall contain all of the provisions of a general nature pertaining to the subjects herein enumerated and embraced. All prior ordinances pertaining to the subjects treated by this code shall be deemed repealed from and after the effective date of this code.

' 10.11 ORDINANCES UNAFFECTED.

All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not embraced in this code shall remain in full force and effect unless herein repealed expressly or by necessary implication.

' 10.12 REPEAL OR MODIFICATION OF ORDINANCE.

(A) No suit, proceedings, right, fine, forfeiture or penalty instituted, created, given, secured or accrued under any ordinance previous to its repeal shall, in any way, be affected, released or discharged, but may be prosecuted, enjoined and recovered as fully as if the ordinance had continued in force unless it is otherwise expressly provided.

(B) When any ordinance repealing a former ordinance, clause or provision shall be itself repealed, the repeal shall not be construed to revive the former ordinance, clause or provision, unless it is expressly provided.

' 10.13 ORDINANCES WHICH AMEND OR SUPPLEMENT CODE.

(A) If the legislative body shall desire to amend any existing chapter or section of this code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place.

(B) Any ordinance which is proposed to add to the existing code a new chapter or section shall indicate, with reference to the arrangement of this code, the proper number of the chapter or section. In addition to this indication as may appear in the text of the proposed ordinance, a caption or title shall be shown in concise form above the ordinance.

' 10.14 PRESERVATION OF PENALTIES, OFFENSES, RIGHTS AND LIABILITIES.

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All offenses committed under laws in force prior to the effective date of this code shall be prosecuted and remain punishable as provided by those laws. This code does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the effective date of this code. The liabilities, proceedings and rights are continued; punishments, penalties or forfeitures shall be enforced and imposed as if this code had not been enacted. In particular, any agreement granting permission to utilize highway rights-of-way, contracts entered into or franchises granted, the acceptance, establishment or vacation of any highway, and the election of corporate officers shall remain valid in all respects, as if this code had not been enacted.

' 10.99 GENERAL PENALTY.

Municipalities are authorized to provide for the punishment of each violation of an ordinance, resolution or regulation with a fine not to exceed $500 or by imprisonment not exceeding 30 days or by both such fine and imprisonment.Statutory reference:

Maximum penalty, see SDCL '' 9-19-3 and 22-6-2(2)

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TITLE III: ADMINISTRATION

Chapter

30. OFFICERS AND ORGANIZATION

31. PERSONNEL POLICIES

32. FINANCE AND REVENUE; TAXATION

33. GENERAL POLICIES

34. IDENTITY THEFT PROTECTION

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CHAPTER 30: OFFICERS AND ORGANIZATION

Section

General Provisions

30.01 Salaries and compensation

Voluntary Fire Department

30.15 Establishment30.16 Bylaws30.17 Officers30.18 Members; compensation; age30.19 Fire Chief; duties30.20 Use of fire apparatus30.21 Town assumes no liability for injury30.22 Fire Zone30.23 Hindering firefighters and injuring fire apparatus30.24 Driving over hose

Housing and Redevelopment Commission

30.35 Name; seal; office30.36 Officers generally; duties; appointment; vacancies30.37 Chairperson30.38 Secretary30.39 Treasurer30.40 Executive Director30.41 Meetings30.42 Amendments to bylaws

30.99 PenaltyCross-reference:

Personnel Policies, see Ch. 31

GENERAL PROVISIONS

' 30.01 SALARIES AND COMPENSATION.

The salaries and compensation of officials and employees of the town shall be as set from time to time by the governing body.

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(Ord. 10, passed 12-16-1909; Ord. 16, passed 1-12-1917; Ord. 27, passed 3-10-1933)

VOLUNTARY FIRE DEPARTMENT

' 30.15 ESTABLISHMENT.

There is hereby established a Volunteer Fire Department for the town, to be comprised of not more than 20 members.(Ord. 145, passed 2-23-1990)

' 30.16 BYLAWS.

The Fire Department shall have the power to formulate and adopt bylaws for its government not inconsistent with the provisions of this subchapter. Such bylaws shall be submitted to the town=s Board of Trustees for approval.(Ord. 145, passed 2-23-1990)

' 30.17 OFFICERS.

(A) The officers of the Fire Department shall be such officers as are designated by the bylaws adopted by the said Fire Department, and as approved by the town=s Board of Trustees.

(B) Said Fire Department, after the election of its officers, shall file a list of the names of such officers in the office of the town=s Finance Officer.

(C) The Board of Trustees shall have the right to approve or disapprove any officer so elected.

(D) In event of non-approval, the town shall notify the Fire Department and the Department thereafter shall submit a new electee for approval.(Ord. 145, passed 2-23-1990)

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' 30.18 MEMBERS; COMPENSATION; AGE.

(A) The members of the Fire Department shall be elected in the manner set forth in the bylaws of the Fire Department. The Fire Department, after the election of its members, shall file a list of the names of such members in the office of the town=s Finance Officer. The Board of Trustees shall have the right to approve or disapprove any members so elected. In event of non-approval, the town shall notify the Fire Department and the Department thereafter shall submit a new electee for approval.

(B) The individual members of the Fire Department shall receive no compensations from the town for services rendered, as such firefighters, except as such as are herein provided for, or such as the town may voluntarily offer to pay; provided, the town shall never be under any obligation so to do.

(C) No person shall become a member of the Fire Department unless such person is at least 18 years of age.(Ord. 145, passed 2-23-1990)

' 30.19 FIRE CHIEF; DUTIES.

The Fire Chief shall have the supervision of the property used by the Fire Department, and shall see to it that the same is kept in good working order and is available at all times to combat fires. The Fire Chief shall be in command at all fire fighting by the Department. He or she may give such orders to the members of the Department and to the public, at such fires, as he or she may deem necessary for the control of such fires. He or she shall have the power to prescribe a fire zone during a fire, and to prohibit spectators from entering therein; and he or she shall investigate all fires and, if he or she suspects that such fire is of incendiary origin, he or she shall report the same to the state=s Fire Marshal; and he or she shall from time to time advise the Board of Trustees of any changes in the Fire Department or its equipment; and he or she shall submit reports to the Board of Trustees, and file an inventory of the property used by the Fire Department, whenever requested to do so by the Board of Trustees.(Ord. 145, passed 2-23-1990)

' 30.20 USE OF FIRE APPARATUS.

(A) The fire equipment of the Fire Department shall not be used for private or municipal purposes, except in cases of special circumstances or emergency, and then only under the direction of the Fire Chief, or his or her designee, to the end that such equipment and apparatus shall, at all times, be available and ready to combat fires.

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(B) Such equipment shall be kept in good workable condition and shall meet, as far as possible, the requirements and regulations of the State Fire Marshal=s office.(Ord. 145, passed 2-23-1990)

' 30.21 TOWN ASSUMES NO LIABILITY FOR INJURY.

Every member of the Fire Department, by joining the Fire Department, voluntarily assumes the hazards of injury and accident in the service and the town will not assume the responsibility for such accidents or injuries. However, worker=s compensation insurance for the members shall be carried as authorized by state law.(Ord. 145, passed 2-23-1990)

' 30.22 FIRE ZONE.

The Chief, or acting Chief in command, may prescribe limits around any fire, and it shall be unlawful for any person, except those who reside therein, firefighters, police officers and those given admission by any officer of the Fire Department, to enter therein.(Ord. 145, passed 2-23-1990) Penalty, see ' 30.99

' 30.23 HINDERING FIREFIGHTERS AND INJURING FIRE APPARATUS.

No person shall willfully injure, deface or interfere with any of the fire apparatus belonging to the Fire Department of the town.(Ord. 145, passed 2-23-1990) Penalty, see ' 30.99

' 30.24 DRIVING OVER HOSE.

No person shall drive or pull any vehicle over any unprotected hose of the Fire Department of the town when laid on a street or alley to be used at any fire, or alarm of fire, or while at practice without the consent of the Chief or such other person as may be in command.(Ord. 145, passed 2-23-1990) Penalty, see ' 30.99

HOUSING AND REDEVELOPMENT COMMISSION

' 30.35 NAME; SEAL; OFFICE.

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(A) The name of the Commission shall be the AHousing and Redevelopment Commission of Kennebec, South Dakota@.

(B) The seal of the Commission shall be in the form of a circle and shall bear the name of the Commission and the year of its organization.

(C) The offices of the Commission shall be at the public library in the town, but the Commission may hold its meetings at such other place as it may designate by resolution.(Ord. passed - -)

' 30.36 OFFICERS GENERALLY; DUTIES; APPOINTMENT; VACANCIES.

(A) Officers. The officers of the Commission shall be a Chairperson, a Secretary and a Treasurer, who shall also act as the Vice-Chairperson.

(B) Election or appointment. The Chairperson, Secretary and Treasurer shall be elected at the annual meeting of the Commission from among the Commissioners of the Commission, and shall hold office for one year or until their successors are elected and qualified.

(C) Vacancies. Should the offices of Chairperson, Secretary or Treasurer become vacant, the Commission shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office.

(D) Additional personnel. The Commission may from time to time employ such personnel as it deems necessary to exercise its powers, duties and functions as prescribed by the Municipal Housing and Redevelopment Act of the state, being SDCL ' 11-7-1 et seq., and all other laws of the state applicable thereto. The selection and compensation of such personnel shall be determined by the Commission, subject to the laws of the state.

(E) Compensation. The officers of the Commission shall perform such other duties and functions as may from time to time be required by the Commission or the bylaws or rules and regulations of the Commission.(Ord. passed - -)

' 30.37 CHAIRPERSON.

The Chairperson shall preside at all meetings of the Commission. Except as otherwise authorized by resolution of the Commission, the Chairperson shall sign all contracts, deeds and other instruments made by the Commission. At each

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meeting, the Commission shall submit such recommendations and information as he or she may consider proper concerning the business, affairs and polices of the Commission.(Ord. passed - -)

' 30.38 SECRETARY.

The Secretary shall keep the records of the Commission, shall act as Secretary of the meetings of the Commission and record all votes and shall keep a record of the proceedings of the Commission in a journal of proceedings to be kept for such purpose, and shall perform all duties incident to this office. He or she shall keep in safe custody the seal of the Commission and shall have power to affix such seal to all contracts and instrument authorized to be executed by the Commission.(Ord. passed - -)

' 30.39 TREASURER.

The Treasurer shall have the care and custody of all funds of the Commission and shall deposit the same in the name of the Commission in such bank or banks as the Commission may select. He or she shall sign all orders and checks for the payment of money and shall pay out and disburse such moneys under the direction of the Commission. Except as otherwise authorized by resolution of the Commission, all such order and checks shall be countersigned by the Chairperson. He or she shall keep regular books of accounts showing receipts and expenditures and shall render to the Commission at each regular meeting (or oftener when requested by an account of his or her transactions) and also of the financial condition of the Commission. He or she shall give such bond for the faithful performance of his or her duties as the Commission may determine. He or she shall also, as Vice-Chairperson, perform such duties of the Chairperson in the absence of the Chairperson; and, in the case of death or resignation of the Chairperson, he or she shall perform such duties as are imposed on the Chairperson until such time as the Commission shall elect a new Chairperson.(Ord. passed - -)

' 30.40 EXECUTIVE DIRECTOR.

(A) The Commission shall employ an Executive Director, who shall have general supervision over the administration over the administration and of its first business and affairs and subject to the direction of the Commission. He or she shall be charged with the management of the housing project of the Commission.

(B) As Assistant to the Secretary, the Executive Director, in his or her own name and title, shall act as Secretary of the meetings of the Commission and

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record all votes and shall keep a record of the proceedings to be kept for such person.

(C) As assistant to the Treasurer-Town Chairperson, he or she shall have the care and custody and all funds on the Authority and shall deposit the same in the name of the Commission in such bank or banks as the Commission may select. The Executive Director shall sign all orders and checks for the payment of money and shall pay out and disburse such moneys under the direction of the Commission. Except as otherwise authorized by resolution of the Commission, all such orders and checks for the payment shall be countersigned by the Chairperson. He or she shall keep regular books of accounts showing receipts and expenditures and shall render to the Commission at each regular meeting (or oftener when requested), an account of his or her transactions and also of the financial condition of the Commission. He or she shall give such bond for the faithful performance of his or her duties as the Commission may determine.

(D) The compensation of the Executive Director shall be determined by the Commission.(Ord. passed - -)

' 30.41 MEETINGS.

(A) Annual meeting. The annual meeting of the Commission shall be held on the third Wednesday of June at 8:00 p.m. at the regular meeting place of the Commission. In the event such date shall fall on a Sunday or a legal holiday, the annual meeting shall be held on the next succeeding secular day.

(B) Regular meeting. Monthly meetings shall be held without notice at the regular meeting place of the Commission on the first and third Wednesday of each month at 8:00 p.m. or on the next succeeding secular day in the event of a legal holiday.

(C) Special meetings. The Chairperson of the Commission may, when he or she deems it expedient, and shall, upon the written request of two members of the Commission, call a special meeting of the Commission for the purpose of transacting any business designated in the call. The call for a special meeting may be delivered to each member of the Commission or may be mailed to the business or home address of each member of the Commission at least two days prior to the date of such special meeting. At such special meeting, no business shall be considered other than as designated in the call, but, if all the members of the Commission are present at a special meeting, any and all business may be transacted at such special meeting.

(D) Quorum. The powers of the Commission shall be vested in the Commissioners thereof in office from time to time. Three Commissioners shall

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constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes, but a smaller number may adjourn from time to time until a quorum is obtained. When a quorum is in attendance, action may be taken by the Commission upon a vote of a majority of the Commissioners present.

(E) Order of business.

(1) At the regular meetings of the Commission, the following shall be the order of business:

(a) Roll call;

(b) Reading and approval of the minutes of the previous meeting;

(c) Bills and communications;

(d) Report of the Secretary;

(e) Reports of committees;

(f) Unfinished business;

(g) New business; and

(h) Adjournment.

(2) All resolutions shall be in writing and shall be copied in a journal of the proceedings of the Commission.

(F) Manner of voting. The voting on all questions coming before the Commission shall be by roll call, and the yeas and nays shall be entered upon the minutes of such meeting.(Ord. passed - -)

' 30.42 AMENDMENTS TO BYLAWS.

The bylaws of the Commission shall be amended only with the approval of at least three of the members of the Commission at a regular or a special meeting.(Ord. passed - -)

' 30.99 PENALTY.

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(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to ' 10.99 of this code of ordinances.

(B) Any person violating the provisions of '' 30.22, 30.23 and 30.24 of this chapter shall, upon conviction thereof, be punished by a fine of not to exceed $100.(Ord. 145, passed 2-23-1990)

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CHAPTER 31: PERSONNEL POLICIES

Section

Purpose and Use

31.001Purpose of policies and procedures31.002Applications31.003Revisions31.004Disclaimer

General Policies

31.015Equal employment opportunity31.016Sexual harassment31.017Violence in the workplace31.018Drug and alcohol in workplace31.019Smoking31.020Seat belts31.021Eye and ear protection31.022Outside employment31.023Appearance31.024Attitude31.025Conflict of interest31.026Political activity

Employee Classifications

31.040Definitions31.041Promotions31.042Performance evaluations31.043Personnel records31.044Change of name, address, telephone and withholding status31.045Employment references31.046Executive session31.047Job descriptions

Recruitment and Selection

31.060Recruitment and hiring policy31.061Job announcement31.062Applications for employment31.063Eligibility31.064Qualifications31.065Veterans preference

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31.066Disqualification31.067Selection31.068Appointment of municipal employees31.069Employment offers31.070Acceptance of employment31.071Creating new positions31.072Employee probation period

Hours of Work

31.085General policy31.086Standard workweek31.087Standard workday31.088Call back pay31.089Flex time31.090Overtime31.091Comp time31.092Attendance31.093Time sheets and cards

Compensation

31.105Pay period and pay day31.106Early paychecks31.107Time sheets31.108Payroll deductions31.109Benefits31.110Changes of employee status and address31.111Travel and reimbursement of expenses31.112Benefits, medical and confidential file

Leaves of Absence

31.135General policy31.136Vacation leave31.137Sick leave31.138Extended leave for illness and temporary disability31.139Leave without pay31.140Maternity leave31.141Jury duty31.142Voting leave31.143Military leave31.144Personal emergency leave31.145Holidays

Separation From Municipal Service

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31.160General policies31.161Voluntary separation31.162Involuntary separation

Disciplinary Action

31.175Oral reprimand31.176Written reprimand31.177Suspension without pay31.178Demotion or reassignment31.179Dismissal31.180Voluntary separations and grievances31.181Non-grievable actions31.182Disciplinary interview31.183Signing requirements

Grievance Procedure

31.195Purpose31.196Definition of Agrievance@31.197Employee notice of disagreement31.198Appearance before the governing board31.199Appeal from the decision of the governing board31.200American with Disabilities Act

Appointed Officials

31.215Definition31.216Officials to be appointed31.217Appointment of appointed officials (Trustees)31.218Applicable policies to municipal officials

PURPOSE AND USE

' 31.001 PURPOSE OF POLICIES AND PROCEDURES.

The policies and procedures for personnel administration are enacted by the municipality in order to further the following goals:

(A) To provide a uniform and sound personnel administrative system throughout the municipality;

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(B) To inform employees the general policies and procedures of the municipality and the benefits and obligations of employment with the municipality;

(C) To ensure that all personnel actions are based upon employee qualifications (knowledge, skills and abilities) and job performance and are in compliance with federal and state law;

(D) To serve as written documentation of the municipality=s commitment to fair employment practices and equal employment opportunity;

(E) To assist managers in carrying out sound, equitable and consistent personnel administration and in making effective use of their human resources;

(F) To promote and encourage communication between the employer or supervisor and the employee; and

(G) To protect the rights of the employee and employer throughout the employment relationship and to ensure that the responsibilities of both parties are carried out.(Ord. passed 11- -2017, ' 1.1)

' 31.002 APPLICATIONS.

(A) (1) The personnel policies and procedures shall apply to all municipal employees, except appointive officers unless specified in '' 31.215 through 31.218 of this chapter; elected officials, independent contractors and excluded classes as specified in the policy itself.

(2) Appointive officers, as defined in SDCL ' 9-14-3, are addressed in '' 31.215 through 31.218 of this chapter.

(B) In the event of a conflict between these policies and any collective bargaining agreement or state and federal law, the terms and conditions of that agreement or law shall prevail.(Ord. passed 11- -2017, ' 1.2)

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' 31.003 REVISIONS.

(A) The municipality specifically reserves the right to repeal, modify or amend any of these policies at an aforementioned time (with or without notice) upon a majority vote of the governing board.

(B) This policy manual shall become effective and updated in November 2017 by formal adoption of the town=s Board of Trustees.(Ord. passed 11- -2017, ' 1.3)

' 31.004 DISCLAIMER.

(A) (1) The municipality recognizes that the state is an employment at-will state and the intent of the municipality is to maintain that employment at-will status of all employees.

(2) However, for municipal employees, due process procedures as specified in '' 31.175 through 31.183 and 31.195 through 31.200 of this chapter will be followed.

(B) (1) This chapter does not confer a contract of employment.

(2) The policies, procedures, rules and benefits contained herein are subjected to change upon a majority vote by the Board of Trustees.

(3) These policies are provided as a reference of present policies and not a guarantee of employment or specific employment benefits.(Ord. passed 11- -2017, ' 1.4)

GENERAL POLICIES

' 31.015 EQUAL EMPLOYMENT OPPORTUNITY.

(A) It is the policy of the municipality to recruit, hire, train, promote, discipline and discharge all applications and employees equally and without regard to race, religion, creed, color, national origin, sex, age, disability, political affiliation, marital or veteran status or any other basis prohibited by state or federal law.

(B) Violation of this policy by any municipal employee may be cause for immediate disciplinary action.

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(C) Any employee who feels he or she has been discriminated against according to this policy should bring this concern to his or her supervisor or higher authority according to '' 31.175 through 31.183 and 31.195 through 31.200 of this chapter.(Ord. passed 11- -2017, ' 2.1)

' 31.016 SEXUAL HARASSMENT.

(A) The municipality is committed to providing a work environment that is free from discrimination and harassment. To maintain this commitment, the municipality will not tolerate any form of harassment, including sexual harassment.

(B) Under this policy, SEXUAL HARASSMENT is defined as behavior of a sexual nature with is unwelcome and personally offensive to its recipient. It is a form of employee misconduct which is demeaning to another person and undermines the integrity of the employment relationship.

(C) Unwelcome sexual advances, request for sexual favors and other verbal or physical conduct of sexual nature constitute sexual harassment when:

(1) By threat or insinuation, either explicitly or implicitly, an employee=s refusal to submit to sexual advances or refusal to tolerate or participate in unwanted conduct or communication of sexual nature will adversely affect the employee=s terms and conditions of employment, including, but not limited to, wages, advancement, evaluation, assigned duties, shift assignment, career development and the like;

(2) Any conduct or communication of a sexual nature has the purpose or effect of substantiality interfering with work performance or of creating a hostile, intimidating or offensive employment environment that may be considered offensive to another employee, including, but not limited to:

(a) Repeated sexual flirtations, advances or propositions;

(b) Continual or repeated verbal abuse of a sexual nature;

(c) Foul language;

(d) Unwanted physical contact;

(e) Graphic verbal commentaries about an individual=s body or manner;

(f) Sexually degrading words used to describe the individual; and

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(g) The display of sexually explicated pictures, cartoons or other materials.

(3) Any employee who feels he or she has been sexually harassed or that his or her personal rights have been violated should immediately report the matter to the immediate supervisor unless the supervisor is the offending party. If the supervisor is unavailable, or the employee believes that it would be inappropriate to contact his or her supervisor, the employee should immediately contact the Board Chairperson. Any supervisor or manager who becomes aware of any possible sexual harassment shall immediately advise the Board Chairperson. The municipality will make a thorough, confidential and impartial investigation of the complaint. All complaints and investigations will be held personal and confidential. All employees must cooperate with any such investigation. The municipality will take prompt remedial measures to immediately end the offending action.

(D) Sexual harassment of any kind in the workplace is prohibited by federal and state law, whether committed by supervisory or non-supervisory employees and will not be tolerated. Retaliation or intimidation directed toward a complaining party is also prohibited by law and will not be tolerated by the municipality under any circumstances. A legitimate complaint of sexual harassment will not have any bearing on the terms and conditions of employment of the complaining party, including by not limited to wages, advancement, evaluations, assigned duties, shift assignments, career development and the like.

(E) The municipality will not tolerate sexual harassment of or by any non-employees, such as customers, visitors or others.

(F) A formal complaint of sexual harassment may be initiated by lieu of, during or following this informal process as provided by state or federal law.

(G) All employees, including supervisors and managers, are responsible for reminding employees on a reoccurring basis of this policy and all are responsible for assuring that this workplace is free of sexual harassment.

(H) Violations of the above stated policy by any employer, supervisor, co-worker or other employee may be cause for immediate disciplinary action.(Ord. passed 11- -2017, ' 2.2)

' 31.017 VIOLENCE IN THE WORKPLACE.

(A) It is the policy of the town that each of our employees has the right to a workplace free from violence. Furthermore, every employee has the right to seek assistance to deal with any issues of violence, wherever they happen, including

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outside of the workplace. For purpose of this section, VIOLENCE is defined as an act in which one person seeks to hurt or intimidate another through the use of physical contact or verbal harassment or manipulation. This includes actions of employees, supervisors, customers, suppliers or any other person.

(B) Employees with questions or complaints about workplace behaviors, which fall under this section, may discuss them with the Board Chairperson. Concerns will be investigated and appropriated action will be taken. This may include disciplinary action for an employee who is a perpetrator of a violent act.

(C) Everyone with whom one comes in contact in his or her workplace deserves to be treated with courtesy and respect.(Ord. passed 11- -2017, ' 2.3)

' 31.018 DRUG AND ALCOHOL IN WORKPLACE.

(A) The municipality has a strong commitment to its employees to provide a safe, healthful and productive work environment and to promote high standards of employee health. Consistent with the spirit and intent of this objective, the municipality will act to eliminate any substance abuse which could impair an employee=s ability to safely and effectively perform a particular job and which increases the potential for accidents, absenteeism, substandard performance and tends to undermine public confidence in the municipality=s work force. The municipality=s goals are to establish and maintain a work environment that is free from the effects of alcohol and drug abuse and to maintain the reputation and integrity of the municipality by preventing unacceptable behavior by its employees that discredits the municipality and its employees.

(B) While the municipality has no intention of unreasonably intruding into the private lives of its employees, the municipality does expect employees to report for work in a condition to perform their duties, make the work environment safe for other employees and represent a proper image to the citizens. It is clear that employee off-the-job, as well as on-the-job, involvement with drugs and alcohol can have an impact on the municipality=s goals.

(1) Drug and alcohol abuse policies. Following are the policies of the municipality regarding drug and alcohol abuse.

(a) The unlawful manufacture, distribution, dispensing, possession or use of controlled drugs or substances, or the use of alcohol while on duty, on or of business property owned or leased by the municipality is proper cause for disciplinary action.

(b) Any illegal controlled drug or substance possessed while on duty by employees will be turned over to the appropriate criminal justice agencies and

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may result in criminal prosecution. This does not apply to public safety officers who are in possession of an illegal controlled drug or substance while acting in the line of duty.

(c) It is not permitted for an employee to be under the influence of controlled drugs or substances or alcohol on the job, except as provided for in division (B)(1)(d) below.

(d) The legal use of controlled drugs or substances prescribed by a licensed physician is not prohibited, but employees in positions where side effects of the prescribed medication could affect performance and safety on the job are required to make such use known to their supervisor.

(e) The illegal use, sale and possession of controlled drugs or substances while off duty and off municipal premises which results in a criminal conviction is unacceptable. Off-duty, alcohol-related, criminal convictions are also unacceptable. They may affect the job performance and the confidence of the public in the municipality=s ability to meet its responsibilities. Such off-the-job conduct may be proper cause for disciplinary action.

(2) Testing for drugs or alcohol.

(a) The municipality may request that the employee undergo drug and alcohol testing if there is a Areasonable suspicion@ that the employee is under the influence of drugs or alcohol during work hours. REASONABLE SUSPICION means an articulable belief based on specific facts and reasonable inferences drawn from those facts that an employee is under the influence of drugs or alcohol. Circumstances which constitute a basis for determining reasonable suspicion may include, but are not limited to:

1. A pattern of abnormal or erratic behavior which is so unusual that it warrants summoning a supervisor, department head or other individual for assistance;

2. Information provided by a reliable and credible source with personal knowledge;

3. Direct observation of drug or alcohol use;

4. Presence of the physical symptoms of drug or alcohol use; (i.e., glossy or blood-shot eyes, alcohol odor on breath, slurred speech, poor coordination and/or reflexes); or

5. Possession of substances in violation of the municipality=s drug and alcohol policy.

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(b) The employee, where Areasonable suspicion@ exists, may be asked to submit to blood and/or urine testing by a qualified medical physician or hospital at the municipality=s expense. Prior to testing, the proper authority shall secure a signed release statement from the employee to have the hospital/physician release medical information to the municipality.

(c) An employee who refuses to consent to a drug and alcohol test when reasonable suspicion exists may be subject to disciplinary action.

(d) A positive result from the drug and/or alcohol test confirming the reasonable suspicion may result in disciplinary action.

(e) The proper authority is required to detail in writing the specific facts, symptoms or observations that led to the reasonable suspicion. This documentation, which includes the results of the drug or alcohol test as confirmation of the use of drugs or alcohol on the job, shall be given to the Finance Officer and placed in the employees personnel file only if confirmed by the drug and/or alcohol test.

(f) All information from an employee=s drug and/or alcohol test is confidential, and only those with a need to know are to be informed of the results. Disclosure of test results to any other person, agency or organization is prohibited unless written authorization is obtained from the employee.

(3) Drugs to be tested for. The following drug groups were selected based on the ability of each drug to adversely affect physical/mental performance. All are controlled substances under state and federal law:

(a) Alcohol, ethyl;

(b) Amphetamine/methamphetamine (i.e., speed);

(c) Barbiturates (i.e., to include, but not limited to, amobarbital, butabarbital, phenobarbital, cecobarbital);

(d) Cocaine, cocaine metabolites;

(e) Benzodiazepines;

(f) Opiates (i.e., to include but not limited to codeine, heroin, morphine, hydromorphone, hyrocodone);

(g) Phencyclidine (PCP); and

(h) THC (marijuana) metabolite.

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(4) Employee responsibilities.

(a) An employee must not report to work while his or her ability to perform his or her job duties is impaired due to on or off duty alcohol or drug use. Employees called in for emergency duty to work outside their regular work schedule must not report to work impaired by off-duty alcohol or drug use.

(b) An employee must not possess or use alcohol or illegal drugs or prescription drugs without a prescription during working hours or while subject to duty, on breaks or during meal periods.

(c) An employee must notify his or her supervisor, before beginning work, when taking any medication or drugs, prescription or non-prescription, which may interfere with the safe and effective performance of duties or operation of municipal equipment.

(d) An employee must notify his or her immediate supervisor of any drug or alcohol related criminal statute conviction for a violation occurring in the workplace no later than five days after such conviction.

(e) Any violations of the above stated may result in immediate disciplinary action.

(5) Management responsibilities and guidelines.

(a) Supervisors and department heads shall not physically search the persons of employees, nor shall they search the personal possessions of employees without the freely given consent of, and in the presence of, the employee.

(b) Supervisors and department heads shall notify the appropriate law enforcement agency when they have reasonable suspicion to believe that an employee may have illegal drugs in his or her possession or in an area jointly or fully controlled by the municipality.

(c) Any supervisor or department head encountering an employee who refuses to consent to a drug and/or alcohol analysis when Areasonable suspicion@ has been identified, shall remind the employee of the requirements of the policy and that he or she may be subject to disciplinary action. The reason(s) for the refusal shall be considered in determining the appropriate disciplinary action. Where there is reasonable suspicion that the employee is under the influence of alcohol or drugs, the manager or supervisor should direct the employee to remain at work for a reasonable time until the employee can be safely transported home.

(d) Nothing in this section shall be interpreted as constituting any waiver of or limitation on the municipality=s responsibility to maintain discipline,

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or the right to invoke disciplinary measures, nor the employee=s right to due process and the processing of grievances concerning such disciplinary measures in accordance with the grievance procedure set forth in '' 31.175 through 31.183 and 31.195 through 31.200 of this chapter.

(e) Whenever disciplinary action is used in this policy, it shall include, but not be limited to, oral reprimand, written reprimand, suspension, demotion or discharge.(Ord. passed 11- -2017, ' 2.1)

' 31.019 SMOKING.

It is the policy of the municipality that smoking shall not be permitted in town buildings and facilities.(Ord. passed 11- -2017, ' 2.1)

' 31.020 SEAT BELTS.

The municipality is committed to doing everything possible to prevent injury to employees, prevent damage to property and to protect the employees and the public from the results of accidents. The municipality realizes that safety belts are an important and efficient means of accomplish this goal. Thus, it is the policy that all municipal employees and their passengers shall be required to use seat belts when driving any town owned or leased vehicle (if equipped with seat belts) or while driving their personal vehicle on official municipal business. Failure to comply with this policy may result in disciplinary action.(Ord. passed 11- -2017, ' 2.1)

' 31.021 EYE AND EAR PROTECTION.

(A) Eye protection. To help reduce the possibility of eye injuries due to flying objects and the like, the use of personal eye protection equipment is mandatory whenever there is a potential for injury. The equipment shall consist of impact resistant lenses (safety lenses) with side shields and will be properly fitted to each employee. Although the municipality does not forbid off...MISSING MATERIAL...

(B) Ear protection. Employees shall wear hearing protection whenever exposed to noise levels which exceed 85 decibels. A vacuum cleaner runs at about 70 decibels. If in doubt about the decibel level, the employee is to wear the hearing protection.(Ord. passed 11- -2017, ' 2.1)

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' 31.022 OUTSIDE EMPLOYMENT.

Although the municipality does not forbid off-hours employment by employees (unless such employment interferes or negatively impacts the performance of their duties with the municipality or results a conflict of interest), no appointive officer or employee, unless officially assigned to special duty, shall be granted sick leave for any injuries or illness resulting from any employment other than that required in the course of his or her assigned duties. Also, health or worker=s compensation insurance coverage will not be extended to outside employment.(Ord. passed 11- -2017, ' 2.1)

' 31.023 APPEARANCE.

(A) It is the policy of the town that each employee=s dress, grooming and personal hygiene should be appropriate to the work situation.

(B) Employees are expected at all times to present a professional, casual business-like image to the public. For clarification, jeans are okay and yoga pants are not okay.

(C) Any employee that does not meet the standards of this policy will be require to take corrective action, which may include leaving the premises or work location. Any work time missed, because of failure to comply with this policy, may not be compensated. Repeated violations of this policy will be cause for disciplinary action.(Ord. passed 11- -2017, ' 2.1)

' 31.024 ATTITUDE.

(A) It is the policy of town that certain rules, concerning employees= behavior, are necessary for the efficient operation of municipal government.

(B) Employees are expected to conduct themselves in a positive manner so as to promote the best interest of town. This conduct includes:

(1) Reporting to work as scheduled and being at the proper workstation, ready to work, at the assigned start time;

(2) Giving proper advance notice whenever unable to work or report on time;

(3) Complying with all town safety and security regulations;

(4) Maintaining work place cleanliness and orderliness;

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(5) Treating all customers, visitors and fellow employees in a courteous manner;

(6) All employees have an obligation to make the public feel as comfortable as possible in dealing with the municipal government;

(7) Employees should attempt to educate the public in using town services and should seek ways to improve them; and

(8) Employees are encouraged to report recurring customer-related problems to the Board of Trustees. If a customer becomes unreasonable or abusive and the employee cannot resolve the problem, the customer should be referred to one of the Board of Trustees.(Ord. passed 11- -2017, ' 2.1)

' 31.025 CONFLICT OF INTEREST.

(A) It is the policy of town to prohibit employees form engaging in any activity, practice or act, which conflicts with or appears to conflict with, the interest of the town.

(B) A CONFLICT OF INTEREST is defined to include any situation in which a town official, employee or board member in the discharge of official duties, would be required to take any action or make any decision that may cause financial benefit to:

(1) The same town official, employee or board member;

(2) Any member of that official=s, employee=s or board member=s immediate family, defined to include a spouse, parent, child or a sibling related by blood, marriage or adoption; or

(3) A business enterprise owned in whole or in part by the public official, employee or board member, unless the benefit is extended to the general public or a board segment of the public at large.

(C) As soon as a town official, employees and board member is actually aware or should reasonably be aware of a conflict of interest, they are required to make full public disclosure of or to remove himself or herself form the conflict of interest.

(D) Specifically, town officials, employees and board members are prohibited from:

(1) Using their town position or any influence, power, authority or

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confidential information derived from it, or any town time, equipment, property or supplies for private gain; or

(2) Receiving any outside compensation, gift or gratuity, for the performance of town duties, except as follows:

(a) Awards for meritorious public contributions publicly award;

(b) Receipt of honoraria or expenses paid for papers, talks, demonstration or appearances made by employees with the approval of the town=s Board of Trustees; and

(c) Receipt of social amenities, ceremonial gifts or advertising gifts, worth less than $100 in value.(Ord. passed 11- -2017, ' 2.1)

' 31.026 POLITICAL ACTIVITY.

(A) Political affiliation or activity shall not be a factor in hiring, promotion, demotion, suspension, termination or any other conditions and privileges or employment with the town. Town employees shall not use the town work time, town facilities or town funds to aid, encourage or promote candidates for elected public offices whether partisan or non-partisan.

(B) Town employees may be subject to the provisions of the Federal Elections Campaign Act, being Pub. L. No. 92-225, 52 U.S.C. '' 30101 et seq. and the Hatch Act, being 5 U.S.C. 9321 through 7326. These acts prohibit certain types of involvement in federal, state and local elections such as use of official authority or influence to affect an election or nomination of a candidate, donations of items of values to an election fund, or becoming a candidate for office in a partisan election. These acts further prohibit county officials/employees from lobbying federal officials, agencies or departments in the allocation or appropriation of federal funds for specific uses by the town.

(C) Nothing in this section shall prohibit any non-elective officer or employee in the town service from exercising his or her right as a citizen to express an opinion, cast a vote or do any partisan or non-partisan political act not expressly prohibited. Any problems noted in this area should be elevated to the State=s Attorney for his or her guidance.

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(D) An employee in the service of the town will not be obliged to, by any reason of that employment, contribute to any political funds or collections or to render such service. Any employee refusing to contribute to such funds or to render such service may not be removed or otherwise disciplined or prejudiced for that refusal. An employee in the town cannot use their position to coerce the political action of a person or group.(Ord. passed 11- -2017, ' 2.1)

EMPLOYEE CLASSIFICATIONS

' 31.040 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

APPOINTIVE OFFICIAL. An individual who holds a position in the municipality as specified by state law. (See '' 31.215 through 31.128 of this chapter.)

EMPLOYEE PROBATION PERIOD. An employee who is newly hired by the municipality in a regular full- or part-time position who is completing his or her six-month training period. (See ' 31.072 of this chapter.)

MUNICIPAL EMPLOYEE. Anyone employed by the municipality who is not an appointive official.

PART-TIME OR SEASONAL EMPLOYEE.

(1) An employee who is employed by the municipality to work for less than 20 hours per week (part-time) or less than six months.

(2) Employees working 20-plus hours per week, but more than 35 hours per week, unless otherwise requested from the Board of Trustees or Superintendent. This position is permitted to work under the authority of Superintendent.

(3) Employees are required to let the Finance Officer or other authority (Board or Superintendent) know if they will be absent. If an employee is absent for more than three consecutive days without proper notification, he or she will have voluntarily resigned his or her position.

(4) Benefits: generally no benefits.

REGULAR FULL-TIME EMPLOYEE.

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(1) An employee who is employed by the municipality to work a predetermined schedule of at least 35 hours per week and has completed their employee-in-training period.

(2) Benefits:

(a) Vacation leave: two weeks (80 hours) may be used after six months of employment;

(b) Holiday pay: receives ten paid holidays;

(c) Sick leave: town pays individual coverage; and

(d) State retirement system: match 6% of salary.(Ord. passed 11- -2017, ' 3.1)

' 31.041 PROMOTIONS.

(A) (1) It is the policy of the municipality to generally promote from within when such promotion is in the best interest of the municipality.

(2) Such promotions are at the sole discretion of the municipality and are based upon an employee=s qualifications and merit.

(B) The recommendation to promote will be made by the appointing authority that is in charge of such position. All recommendations to promote are subject to Board of Trustees approval.

(C) The municipality reserves the right to announce the advertised any vacant position, even if there is a qualified employee who may be promoted. After reviewing all applicants, the municipality may choose to promote or like from outside the department based upon the most qualified individual and the best interest of the municipality.(Ord. passed 11- -2017, ' 3.2)

' 31.042 PERFORMANCE EVALUATIONS.

(A) Performance evaluations are designed to provide the employee with a record of his or her performance, to encourage professional growth and to promote communication between the Board of Trustees and employee. Performance appraisals will be conducted by the Board of Trustees.

(B) The performance evaluations are to be structured to each employee=s position. The purpose of the evaluation is to commend strengths, address

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weaknesses, suggest ways to improve and discuss employee goals and objectives.

(C) Evaluations will be conducted in a private meeting between the employee and Board of Trustees. Employees are required to sign their evaluations and will receive a copy. Signing does not imply agreement, but that the contents have been made known or discussed with the employee.(Ord. passed 11- -2017, ' 3.3)

' 31.043 PERSONNEL RECORDS.

(A) It is the policy of the municipality to maintain accurate and updated information on each municipal employee in its personnel files. The personnel file may include the following, but does not include any information contained in the confidential file listing:

(1) Personal data sheet;

(2) Letters of commendation;

(3) Payroll deductions authorizations;

(4) I-9 and W-4 forms;

(5) Disciplinary actions;

(6) Termination or discharge record;

(7) Previous positions held with municipality and rates for pay;

(8) Work hour and overtime records; and

(9) Performance appraisals.

(B) The Finance Officer shall be responsible for maintaining all personnel records. In the absence of the Finance Officer, his or her designee shall assume responsibilities for such personnel records.

(C) All employees= records are confidential. Such records shall be accessible only to the individual employee, the Board of Trustees and any others with a demonstrated need to know (such as in legal proceedings).

(D) The employee or his or her representative shall have reasonable access to his or her personnel records upon request to the Finance Officer. The file will be made available to the employee=s representative only upon express written

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authorization by the employee.

(E) No written incident report or records of disciplinary action shall be placed in an employee=s personnel file unless the municipality first advises the employee of its intent to enter such document into the file and affords him or her an opportunity to read and sign such materials. Signing does not imply agreement, only that the contents have been made known to or discussed with the employee.

(F) The employee shall have the express right to submit a letter of rebuttal to his or her file regarding any information contained in his or her files that is in dispute.

(G) Personnel records are maintained by accordance with the records retention and destruction manual for municipalities published by the state=s Bureau of Administration.(Ord. passed 11- -2017, ' 3.4)

' 31.044 CHANGE OF NAME, ADDRESS, TELEPHONE AND WITHHOLDING STATUS.

It is the employee=s responsibility to inform the Finance Officer of any changes in name, address, telephone number or withholding status. An employee must immediately report any of the above or other pertinent changes. Intentional failure to report such information is grounds for disciplinary action.(Ord. passed 11- -2017, ' 3.5)

' 31.045 EMPLOYMENT REFERENCES.

(A) In compliance with the Federal Privacy Act, being 5 U.S.C. ' 552a, the municipality is required to protect the privacy rights of all employees. In following this Act, it is the municipality=s policy to provide only the following information on both present and past employees:

(1) If an employee has been employed with the municipality in municipal government services;

(2) Dates of employment;

(3) Current position or position at the date of separation form employment and other positions held; and

(4) Verification of salary information.

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(B) All confidential employment information is given solely at the discretion of the municipality and on a need to know basis only. Additional information may be released, upon approval of Finance Officer, and upon a written and signed disclosure and release request from the employee. The municipality may request written verification for the need of such employment information.

(C) Due to the potential liability for the release of employment information, only persons authorized by the governing board shall give out such information. The governing board also reserves the right to instruct such authorized individual that no additional information be release on certain employees. All requests for information on an employee=s employment shall be immediately directed to the person authorized by the governing board.

(D) Any written information disclosed about the job performance of an employee or former employee to be prospective employer of that person at the written request of the prospective employer of the employee or former employee is presumed to be acting in good faith and, unless lack of good faith is shown by clear and convincing evidence, may not be held liable for the disclosure or it consequences. Any written response to the written request shall be made available to the employee or the former employee upon written request. For the purpose of this section, the presumption of good faith is rebutted upon a showing that the former employer or agent of the former employer:

(1) Recklessly, knowingly or with a malicious purpose, disclosed false or deliberately misleading information; or

(2) Disclosed information subject to a non-disclosure agreement or information that is confidential under any federal or state law.

(E) Board of Trustees authorized personnel: Finance officer; providing employment references, including off-the-record remarks, without authorization in violation of the above stated policy may result in disciplinary action.(Ord. passed 11- -2017, ' 3.6)

' 31.046 EXECUTIVE SESSION.

It is the policy of the governing board to recess into executive session to discuss personnel issues such as employee qualifications, competence, performance and character or fitness. However, in accordance with the state=s Open Meeting Law, being SDCL '' 1-25-1 et seq., no official action will be taken, except in an open official meeting. Such sessions are called to protect the employer/employee relationship.(Ord. passed 11- -2017, ' 3.7)

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' 31.047 JOB DESCRIPTIONS.

(A) Finance Officer/Executive Director.

(1) Position title: Finance Officer/Executive Director;

(2) Department: Administration;

(3) Reports to: Town Board of Trustees;

(4) Date: October 2017;

(5) General purpose: under the general supervision of the town=s Board of Trustees, performs a variety of professional, administrative and accounting functions in maintaining the town=s Finance Office. Performs all necessary operations with accuracy and in a timely manner. Communicates tactfully with customers and makes decisions exercising discretion and independent judgment;

(6) Essential duties and responsibilities:

(a) Office:

1. Manages the town=s Finance Office providing customer service including phone calls;

2. Answers routine customer questions, including assisting with calculation of water payments;

3. Notifies customers of errors;

4. Collects utility payments including contacting customers about late payments;

5. Assists customers in setting up, changing and closing utility accounts;

6. Serves as custodian of official town records and public documents. Retains records according to the state retention schedule;

7. Receives and processes incoming and outgoing mail;

8. Ensures compliance with risk management services recommendations;

9. Acts as ADA Coordinator;

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10. Responsible for annual election;

11. Maintains inventory of the Finance Office;

12. Publishes annual newsletter mailed to citizens;

13. Provides public records and information to citizens and other governmental agencies as requested; and

14. Responds to inquiries from outside sources about town services.

(b) Personnel:

1. Maintains all employee files with required documentation;

2. Calculates and prepares computerized payroll checks;

3. Prepares monthly electronic federal tax deposits, quarterly Form 941 and unemployment, and annual W-2s and 1099s;

4. Act as authorized agent for the state=s state retirement system; and

5. Maintains record of employee training.

(c) Accounting:

1. Receipts utility payments and all other monies including taxes into journal;

2. Prepares vouchers and pays bills using computerized checks;

3. Posts receipts and bills paid to appropriate computerized fund accounts;

4. Reconciles all ledgers and accounts;

5. Maintains computerized financial records and prepares financial reports;

6. Monitors the financial condition of the town to ensure the fiscal well being of the town;

7. Prepares the annual report for the department of legislative audit;

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8. Monitors insurance coverage for town; and

9. Attends various training workshops to stay abreast of new law changes.

(d) Board:

1. Attends regular and special Board of Trustees meetings;

2. Prepares and posts agenda for monthly Board of Trustees meetings;

3. Prepares Board of Trustees packets with supporting material for decision-making purposes;

4. Prepares an accurate recording of the Board of Trustees proceedings and publishes in newspaper;

5. Serves as financial advisor to the governing board preparing data for a variety of reports;

6. Prepares budget and appropriation ordinance for Board of Trustees input;

7. Publishes all required notices for bids, elections, meetings, water quality reports and malt beverage and liquor license renewals;

8. Performs certification, seals and attests by signature to ordinances, resolutions and contracts;

9. Completes correspondence for Board of Trustees;

10. Assists in development of finance related ordinances and resolutions;

11. Administers oath of office to public officials; and

12. Performs general management duties for the governing board as assigned.

(e) Housing Contract Executive Director Office:

1. Manages the town=s Housing Office providing customer service, including phone calls;

2. Answers routine applicant and tenant questions;

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3. Collects rent, issues receipts and contacts tenants about late payments;

4. Prepares and pays bills;

5. Sends all required information to fee accountant;

6. Serves as custodian of official housing records;

7. Receives and processes incoming and outgoing mail;

8. Maintains annual inventory;

9. Monitors insurance coverage;

10. Uses proper procurement procedures;

11. Oversees yearly capital funds projects;

12. Completes all required HUD reporting, including annual and five-year plans, budget and labor standards reports; and

13. Participates in various HUD training opportunities.

(f) Personnel:

1. Maintains all employee files with required documentation;

2. Calculates and prepares payroll checks; and

3. Prepares monthly electronic federal tax deposits, quarterly Form 941, and unemployment, and annual W-2s and 1099s.

(g) Town Housing Board:

1. Attends regular and special Town Housing Board meetings;

2. Prepares and posts agenda for monthly Board meetings;

3. Prepares Board packets with supporting material for decision-making purposes;

4. Prepares an accurate recording of the Board proceedings; and

5. Serves as financial advisor to the governing board preparing

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data for a variety of reports.

(h) Tenants:

1. Acts as contact person for rental units. Shows units and answer questions;

2. Screens applicants including background checks;

3. Calculates rent payments;

4. Maintains files with all required documentation;

5. Completes annual and interim recertifications. Submits information;

6. Monitors EIV information monthly; and

7. Acts as liaison between tenants and maintenance personnel for repairs.

(i) Desired minimum qualifications:

1. Education and experience:

a. High school diploma required;

b. Two years= experience relating to accounting or finance; and

c. Any equivalent combination of education and experience.

2. Necessary knowledge, skills and abilities:

a. Knowledge of governmental law, computerized financial applications, public accounting, budgeting, payroll and accounts payable functions;

b. Excellent computer skills. Ability to adapt to changes in technology and self-educate on new programs;

c. Ability to prepare and analyze financial reports and to maintain efficient financial systems and procedures;

d. Ability to maintain effective working relationships with customers, employees and town officials;

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e. Ability to communicate effectively orally and in writing;

f. Work with high degree of accuracy and attention to detail;

g. Self-motivated - make decisions, solve problems, organize and prioritize work with minimal supervision; and

h. Skill in operating the listed tools and equipment.

3. Special requirements:

a. A valid state driver=s license or ability to obtain one within three months;

b. Must be bondable; and

c. Be willing to take a drug test if asked.

4. Tools and equipment used: personal computer, including word processing and spreadsheet software; ten-key calculator; phone; copy machine; and fax machine;

5. Physical demands:

a. The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

b. While performing the duties of this job, the employee is frequently required to sit and talk or hear, use hands to finger, handle or feel objects, tools or controls; and reach with hands and arms. The employee is occasionally required to walk.

c. The employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities required by this job include close vision and the ability to adjust focus.

6. Work environment: the work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually quiet.

7. Selection guidelines:

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a. Formal application, rating of education and experience; oral interview and reference check; job related tests may be required;

b. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position; and

c. The job description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements of the job change.

(B) Town Superintendent.

(1) Title: Town Superintendent;

(2) Department: Water/Street/Sewer;

(3) Date: October 2017;

(4) General purpose: under the general direction of the Board of Trustees, performs a variety of semi-skilled maintenance work and operates a variety of equipment in the construction, operation, repair, maintenance and replacement of town water, sewer, street and storm drainage facilities and systems;

(5) Essential duties and responsibilities:

(a) Inspects and/or repairs streets, drainage systems and sewer systems at regular intervals to ensure that all aspects of the systems are functioning properly;

(b) Connects and disconnects water service, including the installation of water meters;

(c) Performs monthly and annual water testing per requirements of the Department of Natural Resources;

(d) Performs annual meter readings;

(e) Responds to complaints regarding water leaks, pressure loss or no water, evaluates situation and determines solutions;

(f) When necessary to hire outside labor, schedules and monitors construction and maintenance projects;

(g) Determines the location of gas, telephone, power, television and

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water and sewer lines from the appropriate sources prior to excavation;

(h) Contacts residents and business owners in areas where services will be discontinued and explains when services will be shut off and how soon it will be turned back on;

(i) Maintains a variety of records relating to inspections, maintenance activity, water testing and the like;

(j) Operates a variety of equipment used in the Water, Sewer and Street Department;

(k) Responsible for the grading of streets;

(l) Responsible for snow removal;

(m)Responsible for mowing and maintenance of the parks;

(n) Monitors the rubble site ensuring compliance with governmental regulations;

(o) Greets landfill customers and directs to appropriate location. Identifies contents of vehicle and calculates appropriate fee. Receives, receipts and records fees;

(p) Ensures the proper maintenance of equipment and tools by cleaning and checking equipment and tools after use and performing preventive maintenance;

(q) Performs all duties in conformance to appropriate safety and security standards; and

(r) Attends monthly Board meetings. Brings complaints or dislikes to Board members only - not the general public.

(6) Desired minimum qualifications:

(a) Education and experience:

1. Graduation from high school education or GED equivalent;

2. Two years= experience relating to construction, maintenance or repair; and

3. Any equivalent combination of education and experience.

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(b) Necessary knowledge, skills and abilities:

1. Some knowledge of equipment, facilities, materials, methods and procedures used in maintenance, construction and repair activities;

2. Skill in operating tools and equipment;

3. Ability to handle manual tasks for extended periods of time;

4. Ability to work safely;

5. Ability to communicate effectively verbally and in writing; and

6. Ability to establish and maintain effective working relationships with employees and the public.

(c) Special requirements:

1. A valid state driver=s license or ability to obtain one within three months;

2. Class I water distribution certification or willing to obtain; and

3. Be willing to take a drug test if asked.

(d) Tools and equipment used: motorized vehicles and equipment, including dump truck, pickup truck, street sweeper, road grader and common hand and power tools, shovels and wrenches;

(e) Physical demands:

1. The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

2. While performing the duties of this job, the employee is regularly required to use hands to finger, handle, feel or operate objects, tools or controls and reach with hands and arms. The employee frequently is required to stand and talk or hear. The employee is occasionally required to walk, sit, climb or balance, stoop, kneel, crouch and smell; and

3. The employee must frequently lift and/or move up to 25 pounds and occasionally lift and/or move up to 100 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception and the ability to adjust focus.

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(7) Work environment:

(a) The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions; and

(b) The noise level in the work environment is usually loud.

(8) Selection guidelines:

(a) Formal application, rating of education and experience; oral interview and reference check; job related tests may be required;

(b) The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position; and

(c) The job description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements of the job change.

(C) Librarian.

(1) Position title: Librarian;

(2) Department: Library;

(3) Date: October 2017;

(4) General purpose:

(a) Under the general supervision of the town=s Library Board, performs a variety of clerical tasks in processing, classifying and cataloging library materials and providing services to library patrons; and

(b) Performs administrative duties in planning, organizing and implementing the programs and services of the library.

(5) Essential duties and responsibilities:

(a) Assists patrons, checks library materials in and out, processes overdue charges and fines and answers telephone calls;

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(b) Communicates policies and procedures to the public;

(c) Performs routine maintenance on books and other materials, such as mending covers, pasting pockets or inserting new catalog cards;

(d) Maintains facilities by vacuuming, dusting and straightening chairs, books and magazines;

(e) Assures that library facilities and equipment are maintained properly and coordinates maintenance and repair functions;

(f) Manages library operations to achieve goals within available resources, assures the library runs within budget by monitoring revenues and expenditures and maintains necessary operating records;

(g) Oversees the selection of books and other items contained in the library and reviews books, periodicals and collections which are outdated or not used and coordinates removal and disposition;

(h) Reviews new materials and selects classification numbers and descriptive headings according to the Dewey-decimal classification system, inputs information containing author, title and classification number and stamps and pastes cards into books;

(i) Oversees inter-library loans and in-house reference work; and

(j) Schedules and runs various special library activities throughout the year, such as book sales, reading programs.

(6) Desired minimum qualifications:

(a) Education and experience:

1. High school diploma required; and

2. One year of experience in library operations or any equivalent combination of education and experience.

(b) Necessary knowledge, skills and abilities:

1. Knowledge of the principles and practices of library systems;

2. Knowledge of library collection classification and selection techniques and knowledge of equipment;

3. Knowledge of community library needs and resources;

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4. Skill in operation of listed tools and equipment;

5. Ability to organize and coordinate library;

6. Ability to accurately maintain library filing systems;

7. Ability to communicate effectively, verbally and in writing; and

8. Ability to establish and maintain effective working relationships with the public and the like.

(7) Special requirements: be willing to take a drug test if asked;

(8) Tools and equipment used: computer, including word processing and data base management software; calculator; copy machine; and fax machine;

(9) Physical demands:

(a) The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions;

(b) While performing the duties of this job, the employee is frequently required to walk, sit and talk or hear. The employee is occasionally required to use hands to finger, handle, feel or operate objects, tools or controls; and reach with hands and arms. The employee is occasionally required to climb or balance; stoop, kneel, crouch or crawl; and

(c) The employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception and the ability to adjust focus.

(10) Work environment:

(a) The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job; and

(b) The noise level in the work environment is generally quiet.

(11) Selection guidelines:

(a) Formal application, rating of education and experience, oral interview and reference check;

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(b) The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position; and

(c) The job description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements of the job change.(Ord. passed 11- -2017, ' 3.8)

RECRUITMENT AND SELECTION

' 31.060 RECRUITMENT AND HIRING POLICY.

(A) It is the policy of the municipality to recruit and fill job vacancies with the most qualified individual for the position. The municipality has three methods of recruiting qualified applicants to fill job vacancies in municipal employment. These are:

(1) Promotion from within;

(2) Transfer from within; and

(3) Open announcement and advertisement.

(B) (1) If in the best interest of the municipality, promotions or transfers of individuals already employed with the municipality shall be given first consideration.

(2) This consideration, however, does not entitle the individual to an automatic promotion or transfer to a higher level of employment.

(C) All selections shall be based on merit and fitness to fill the job vacancy. All recruitment efforts are based upon equal employment opportunity and conducted without regards to race, religion, creed, color, national origin, sex, age, disability, political affiliation and marital or veteran status.(Ord. passed 11- -2017, ' 4.1)

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' 31.061 JOB ANNOUNCEMENT.

(A) (1) Announcement for regular full-time and part-time job vacancies shall be made according to the position.

(2) Announcement shall include: the job title, a brief job summary; the minimum qualification for appointment; the deadline for filing an application; and location to send applications.

(B) All announcements and advertisements shall state that the municipality is an Aequal opportunity employer@.

(C) Public announcement of employment opportunities will be advertised in the official newspaper, listed with the state=s Job Service and posted in a visible location in the Finance Office for all employees to read.(Ord. passed 11- -2017, ' 4.2)

' 31.062 APPLICATIONS FOR EMPLOYMENT.

(A) Individuals interested in applying for a specific position with the municipality must complete and submit a municipal application form or a resume.

(B) A separate application or resume must be submitted for each position in which the individual wishes to be considered. Application and resume will not be maintained on file for the purpose of aiding applicants in applying for future job vacancies with the municipality.(Ord. passed 11- -2017, ' 4.3)

' 31.063 ELIGIBILITY.

To be eligible for employment with the municipality, one must:

(A) Be legally eligible to be employed in the United States as a proven on the required I-9 form; and

(B) If born after 12-31-1959, be registered for the selective service.(Ord. passed 11- -2017, ' 4.4)

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' 31.064 QUALIFICATIONS.

(A) The municipality maintains job descriptions on each position. This description establishes the minimum required levels of education and experience necessary to qualify for appointment.

(B) Each description may also detail desired skills or qualifications that are preferred by the municipality and will be given foremost consideration.(Ord. passed 11- -2017, ' 4.5)

' 31.065 VETERANS PREFERENCE.

(A) Preference in employment will be given to veterans who have served on active duty and been honorably discharged from the Armed Forces of the United States using the definition found in SDCL ' 33A-2-1 and the periods listed in SDCL ' 33A-2-2.

(B) Preferences shall be given where all other qualification are equal.(Ord. passed 11- -2017, ' 4.6)

' 31.066 DISQUALIFICATION.

An applicant is disqualified from employment by the municipality if he or she:

(A) Does not meet the minimum qualifications for appointment;

(B) Knowingly has made a false statement on the application form or resume;

(C) Has committed fraud during the selection process; and

(D) Has failed to register for the selective service.(Ord. passed 11- -2017, ' 4.7)

' 31.067 SELECTION.

(A) Selection to fill a job vacancy is made on the basis of knowledge, skills, educations, experience and ability to perform the duties for the specific position.

(B) All selection are to be made without regard to race, religion, creed, color, national origin, sex, age, disability, political affiliation and marital or veteran status.(Ord. passed 11- -2017, ' 4.8)

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' 31.068 APPOINTMENT OF MUNICIPAL EMPLOYEES.

Appointment of municipal employees is by the Board of Trustees.(Ord. passed 11- -2017, ' 4.9)

' 31.069 EMPLOYMENT OFFERS.

Offer of municipal employment is by the Board of Trustees. An offer of employment shall be extended and a starting date established at this time. At this time, the individual selected must be made fully aware of his or her employment may be terminated with or without cause, with or without prior notice during the training period, except for reason illegal under state or federal law.(Ord. passed 11- -2017, ' 4.10)

' 31.070 ACCEPTANCE OF EMPLOYMENT.

After an individual has accepted employment with the municipality, the Finance Officer shall ensure that the necessary and proper paperwork is filed within the employee=s personnel file.(Ord. passed 11- -2017, ' 4.11)

' 31.071 CREATING NEW POSITIONS.

If a new position to be created, the Finance Officer is to prepare a job description for the new positions duties, qualifications and the like, which is to be submitted to the governing board for review and approval.(Ord. passed 11- -2017, ' 4.12)

' 31.072 EMPLOYEE PROBATION PERIOD.

(A) Every employee hired by the municipality must complete a six-month probation period for the purpose of assessing the individual=s ability to perform his or her assigned duties.

(B) Such employment may be terminated if either the municipality or the employee feels this is the appropriate action. There is no notice required of either party for such termination and no due process procedures will be held by the municipality for discharge during this time period. The only right for an employee to appeal or receive a discharge action during this time is on the basis of the prohibition from decimation.

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(C) During this probation period, an employee shall accrue sick leave and vacation leave at the regularly scheduled rate. A newly hired employee is entitled to paid holidays as observed by the municipality.

(D) Employees receiving transfers, promotions and the like must complete a 90-working day probation period for assessing his or her ability to perform the duties of the new position assigned. During this time, the employee will continue to receive all benefits as previously assigned.(Ord. passed 11- -2017, ' 4.13)

HOURS OF WORK

' 31.085 GENERAL POLICY.

(A) It is the governing board=s intent to create a standard workweek within which an employee is expected to perform municipal services. The Board of Trustees also realizes that emergency and extenuating circumstances may arise in which an employee is required to work variable hours. Nothing within this subchapter is meant as a guarantee to the number of hours, either daily or weekly, that an employee may be required to work.

(B) However, it is the Board of Trustee=s policy that every employee be treated equally and fairly when expected to work odd or extended hours.(Ord. passed 11- -2017, ' 5.1)

' 31.086 STANDARD WORKWEEK.

The standard 40-hour workweek, unless otherwise stated, for the purpose of calculating pay and overtime shall begin at 12:01 a.m. Sunday and end on 12:00 p.m. Saturday.(Ord. passed 11- -2017, ' 5.2)

' 31.087 STANDARD WORKDAY.

(A) (1) The standard eight-hour workday for municipal employee will begin as set by the employing department, including a one-hour break for noon lunch (unpaid) and a 15-minute break period in both the morning and afternoon. Break periods may not be accumulated for time off.

(2) Breaks are not mandatory under state or federal law. Breaks are a privilege and not a right.

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(B) Emergencies may require that employees work more than eight hours in a day, but shall be compensated with equal time off within the same work week (flex time) or through the accumulation of comp time (one and one-half time) if over 40 hours are worked in the work week.(Ord. passed 11- -2017, ' 5.3)

' 31.088 CALL BACK PAY.

When an employee is called into work, he or she shall receive a minimum of one-half hour of work time to be applied to his or her total hours worked for the workweek.(Ord. passed 11- -2017, ' 5.4)

' 31.089 FLEX TIME.

The Board of Trustees reserves the right to authorize flexible work hours within the 40-hour workweek in situations where it is appropriate or necessary. Employees must still adhere to the standard 40-hour workweek unless flex time or overtime has been approved by the Board.(Ord. passed 11- -2017, ' 5.5)

' 31.090 OVERTIME.

(A) Eligible employees may be required to work overtime when determined necessary by the Board of Trustees. OVERTIME is defined as time that is worked in excess of the first 40 hours within the standard workweek and does not include hours paid, but not worked such as holidays, vacation days or sick days.

(B) Except in emergency situations, all overtime must be authorized by the Board of Trustees prior to working of such hours. Overtime is to be authorized only if the work cannot be otherwise done during normal working hours.(Ord. passed 11- -2017, ' 5.6)

' 31.091 COMP TIME.

(A) Overtime compensation for all overtime-eligible employees shall be in the form of compensatorytime-off and be accrued at time and one-half. As stated above, time paid for, but not worked (holiday and the like), does not count toward hours worked for the purposed of calculating comp time.

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(B) However, if an employee is required to work on a holiday the municipality will follow the holiday policy as found in ' 31.145 of this chapter.

(C) Comp time must be used within 60 days from the time in which it was accrued. The maximum amount of comp time that may be accrued is 40 hours.

(D) The municipality, with reason, may restrict the amount of comp time to be taken at one time during the time of the year when the employee is needed at work.

(E) Upon separation from municipal services, the employee will be paid for any unused comp time at his or her final rale of pay.(Ord. passed 11- -2017, ' 5.7)

' 31.092 ATTENDANCE.

(A) All municipal employees are expected to be at work on time and during their regularly scheduled hours. Employees who are unable to report to work on time are required to notify the Finance Officer or Board President prior to their being absent, unless an emergency exists. If an emergency situation exists, the employee is expected to notify the proper authority as soon as reasonably possible.

(B) Except in case of an emergency, if an employee is absent more than three days consecutive days without proper notification, the employee will be considered to have voluntarily resigned their position and/or may be discharged from municipal services by the Board of Trustees.

(C) Failure to observe this policy may result in disciplinary action.(Ord. passed 11- -2017, ' 5.8)

' 31.093 TIME SHEETS AND CARDS.

(A) For the purpose of calculating and issuing paychecks, each employee=s time sheet is a record of his or her regular hours worked, overtime worked and vacation/sick leaved used. Every employee must sign his or her time sheet to verify that all entries are accurate.

(B) Intentional falsification of time may result in disciplinary action.(Ord. passed 11- -2017, ' 5.9)

COMPENSATION

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' 31.105 PAY PERIOD AND PAY DAY.

(A) Paychecks are issued on the last day of each month.

(B) In the event of the payday falls on a holiday or a weekend, checks will be distributed on the nearest workday preceding the payday.(Ord. passed 11- -2017, ' 6.1)

' 31.106 EARLY PAYCHECKS.

The municipality does not grant early paychecks to employees under any circumstances. If an employee is to be absent on payday, it is his or her responsibility to ensure that his or her paycheck is properly handled. If no arrangements are made prior to the employee leaving, the paycheck shall be given to the employee at the earliest possible time upon his or her return.(Ord. passed 11- -2017, ' 6.2)

' 31.107 TIME SHEETS.

Each employee is responsible to ensure that his or her time sheets are correct and submitted on time. Any misrepresentation of time worked or falsification of any time sheet may result in disciplinary action.(Ord. passed 11- -2017, ' 6.3)

' 31.108 PAYROLL DEDUCTIONS.

(A) The municipality is required to withhold Federal Income Tax and Social Security (FICA) from each employee=s paycheck.

(B) Other deductions include:

(1) Employee contributions to the state=s retirement system; and

(2) Employee contribution to the state=s retirement supplemental system.(Ord. passed 11- -2017, ' 6.4)

' 31.109 BENEFITS.

Benefits that follow are those offered by the municipality to employees. These benefits are afforded according to individual employee classifications. (See

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'' 31.040 through 31.047 of this chapter.)

(A) Health insurance. For eligible employees (those who work 20 or more hours per week for more than six months per year) health insurance will be paid by the municipality for the individual only; if the individual so chooses the family plan, he or she will pay the difference. The difference will be paid during each payroll period.

(B) State=s retirement system. For eligible employees (those who work 20 or more hours per week for more than six months per year), participation in the state=s retirement system is mandatory. A deduction of 6% of the monthly salary is made in each payroll period and is matched by the municipality toward the retirement of the employee.

(C) State retirement supplemental system. For eligible employees (those who work 20 or more hours per week for more than six months per year), participation in the state=s retirement system is voluntary.

(D) Worker=s compensation.

(1) The municipality participates in the SDML Worker=s Compensation Fund. This Fund is designed to protect employees against medical costs and salary loss as a result of injuries while on the job. The municipality pays the contribution cost for this coverage.

(2) If an employee is injured on the job, all work-related medical costs will be paid as well as the compensation rate for salary loss as set by the state.

(E) Loss control policy.

(1) The town is exposed to various liability risks associated with providing services to our citizens. These risks are most evident when incidents occur involving damage to property and injuries to personnel and citizens. To protect financial resources, the town participates in the state=s Public Assurance Alliance (SDPAA) a group self-insurance pool of state public entities.

(2) The objective of risk management and loss control program is to protect people and to preserve assets and revenues. The following policy has been prepared with this in mind:

(a) The town will identify sources of loss to property, net income, employees and the general public;

(b) The town will evaluate the impact of loss in terms of frequency and severity;

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(c) The town will make every effort to control the causes of loss;

(d) The town will eliminate sources of loss by corrective action or through transfer of risk; and

(e) Where possible, the town will obtain coverage in such amounts and in such areas as will provide protection against catastrophic loss.

(3) It is the joint responsibility of all employees and the Board of Trustees to see that the loss control program is implemented in accordance with this policy statement.

(F) Longevity benefit.

(1) Full-time employees that have been employed for five years of employment will receive a longevity benefit check. Longevity benefit does not include cost of living and performance annual increases. The chart below explains the amount of longevity checks.

Years of Service Longevity Payment

5 years $500

10 years $1,500

15 years $3,000

20 years $5,000

(2) For each additional five years of service after the first 20 years, the longevity payment will be $5,000, but is left up to the town=s Board of Trustees.

(3) The town=s Board of Trustees are exempt from the longevity benefit.(Ord. passed 10-7-2002; Res. 2009-1, passed 5-4-2009; Ord. passed 11- -2017, ' 6.5)

' 31.110 CHANGES OF EMPLOYEE STATUS AND ADDRESS.

It is the employee=s responsibility to inform the Finance Officer of any changes in name, address, telephone number or change of withholding status. An employee must immediately report any of the above changes. Failure to report or the intentional withholding of such information may result in disciplinary procedures.(Ord. passed 11- -2017, ' 6.6)

' 31.111 TRAVEL AND REIMBURSEMENT OF EXPENSES.

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(A) General policy. It is the policy of the municipality that employees be fully reimbursed for necessary and reasonable job-related travel expenses. Every effort will be made to treat all employees fairly and equally when granting travel expenditures.

(B) Travel approval required. All travel must be approved by the Board of Trustees prior to the date of travel, except in emergency instances.

(C) In-state travel expenses. Per diem rates for approved in-state travel shall be paid at the current state rate.

(D) Out-of-state travel expenses. Per diem rates for approved travel outside the state shall be paid at the current state rate.

(E) Meal allowance; schedule for computation. The times for allowance of paid meals is as follows:

(1) Breakfast: leave before 5:31 a.m. and return after 7:59 a.m.;

(2) Lunch: leave before 11:31 a.m. and return after 12:59 p.m.; and

(3) Dinner: leave before 5:31 p.m. and return after 7:59 p.m.

(F) Receipts required for lodging. Receipts shall be required for all lodging expenses that are to be reimbursed by the municipality.

(G) Mileage rate. When employees must use their private vehicles for approved travel, mileage shall be paid at the current state rate.(Ord. passed 11- -2017, ' 6.7)

' 31.112 BENEFITS, MEDICAL AND CONFIDENTIAL FILE.

(A) The municipality maintains a complete confidential file on each employee. This file may include:

(1) The employee=s application and/or resume;

(2) References and/or background checks;

(3) Benefit forms (retirement, health and life insurance and the like);

(4) Injury reports and worker=s compensation information; and

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(5) Necessary medical examinations and records.

(B) Access to this file is limited to the Finance Officer and on an absolute need-to-know basis only as deemed appropriate by the Finance Officer.(Ord. passed 11- -2017, ' 6.8)

LEAVES OF ABSENCE

' 31.135 GENERAL POLICY.

(A) (1) Leaves of absence are considered a benefit and privilege offered by the municipality. Leaves are not granted automatically, but are to be requested by the employee. Reasonable effort will be made to ensure that all employees are treated equally and fairly.

(2) In some instances, it may not be possible to grant all leaves requested during busy times or emergency situations; however, reasonable effort will be made to grant requests.

(B) Employees anticipating a leave of absence are encouraged to apply for such leave as soon as possible and no later than seven days prior to the leave being taken.(Ord. passed 11- -2017, ' 7.1)

' 31.136 VACATION LEAVE.

(A) Paid vacation leave will be granted to all qualified employees. (See '' 31.040 through 31.047 of this chapter.) For full-time employees, two weeks (80 hours) vacation is earned after six months of employment. Vacation leave shall accrue at the rate of 6.67 hours per month, with a max of 240 hours.

(B) Employees on leaves of absence without pay or suspensions without pay do not accrue vacation leave benefits.

(C) Vacation hours not used during the calendar year in which they are earned may be carried over into successive years. Eligible employees may accrue a maximum of 240 hours of vacation leave.

(D) Upon accrual above the maximum vacation leave hours, hours accrued will automatically be subtracted down to the maximum allowable hours without time being granted for leave. It is the employee=s responsibility to ensure that hours are used on a timely basis according to this policy.

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(E) Upon separation from employment, an employee will be paid for any accumulated vacation time. Reimbursement for vacation leave will be at the employee=s salary rate per his or her last day of employment.

(F) When an employee=s vacation time falls on a holiday, such time is not to be subtracted from an employees vacation leave balance.

(G) Vacation leave must be scheduled with the Finance Officer at the earliest possible time prior to the use of such leave. The municipality reserves the right, within reason, to disapprove requested time for vacation leave for the purposes of maintaining the work force during heavy scheduled work periods. However, the municipality will make reasonable effort to accommodate employee requests for time off.

(H) Vacation leave will be granted on a first come first serve basis, based on operational needs.(Ord. passed 11- -2017, ' 7.2)

' 31.137 SICK LEAVE.

(A) Regular full-time employees who are eligible for full benefits (see '' 31.040 through 31.047 of this chapter) shall accrue sick leave at a rate of four hours of sick leave per month.

(B) Employees on leaves of absence without pay or suspensions without pay who are absent for a full pay period do not accrue sick leave benefits.

(C) Sick leave benefits not used during the calendar year in which they are earned may be carried over and used during the succeeding calendar years. There is no limit to the number of sick leave hours employees may accumulate.

(D) Sick leave benefits shall be paid at the employee=s regular rate of pay at the time the leave is taken. The minimum charge to sick leave is one hour per leave period.

(E) An employee absent from work due to illness or disability shall notify the Finance Officer or Board Chair before scheduled to work, or as soon as possible if an emergency situation exists, and indicate the nature of the illness or disability and the expected length of absence. Failure to report an illness in a timely manner may be cause to consider the absence as unauthorized and without pay.

(F) After three days of continuous sick leave, medical doctor approval may be necessary to prove that a legitimate illness exists. However, the Board of Trustees may request a physician=s statement concerning such absences at any time.

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(G) Any employee found to have abused his or her sick leave privileges may be subject to disciplinary action.

(H) It is the policy of the municipality that upon voluntary resignation after five years of continuous service the employee shall be eligible for the payment of acquired sick leave up to a maximum of 240 hours. Such leave shall be paid at one-half the employee=s current rate of pay upon separation in good standing form municipal service.(Ord. passed 11- -2017, ' 7.3)

' 31.138 EXTENDED LEAVE FOR ILLNESS OR TEMPORARY DISABILITY.

(A) Employees may request approval to use accumulated sick leave and vacation leave for the purpose of paid release time to recover from an extended illness or temporary disability. For extended periods of illness or temporary disability, a medical doctor=s certification of illness shall be required.

(B) Sick leave pay will be granted to supplement pay received under worker compensation laws. If an employee qualifies for worker compensation pay from the municipality, the municipality will allow sick leave up to the maximum number of days sick leave accrued to the employee.(Ord. passed 11- -2017, ' 7.4)

' 31.139 LEAVE WITHOUT PAY.

Employees may request leave without pay in extenuating circumstances. Such leave is at the sole discretion of the Board of Trustees. It is the policy of the municipality that in circumstances such as these, vacation and/or comp time leave will be used in full before such leave without pay is granted. No additional leave or other benefits shall accrue during such leaves without pay.(Ord. passed 11- -2017, ' 7.5)

' 31.140 MATERNITY LEAVE.

The municipality shall treat maternity leave the same as any other temporary disability.(Ord. passed 11- -2017, ' 7.6)

' 31.141 JURY DUTY.

(A) Municipal employees will be granted leave with pay for jury duty or if they

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are subpoenaed to testify in court. During such periods of absence, regular full-time or part-time employees will receive their regular rate of pay minus the jury duty pay or the employee may endorse the court payment, less documented mileage/expenses, to the municipality.

(B) Employees who are absent from work due to jury duty will not be dismissed or suspended from employment; and shall retain and be entitled to the same job status and pay as he or she had prior to performing jury duty. Persons who are to be absent due to jury duty must notify the Finance Officer or Board President in advance. If no prior notification is given, the employee may be subject to disciplinary procedures.

(C) Vacation and sick leave benefits shall accrue at the normal rate for eligible employees during jury duty.

(D) Municipal employees involved in private litigation are required to use vacation leave.(Ord. passed 11- -2017, ' 7.7)

' 31.142 VOTING LEAVE.

Municipal employees whose work schedule does not enable them time to vote during which time the polls are open shall be allowed up to two consecutive hours to vote. Such time shall be treated as regular work time for the purpose of pay and accrual of leaves.(Ord. passed 11- -2017, ' 7.8)

' 31.143 MILITARY LEAVE.

(A) Request for military leave of absence. An employee who wishes to be granted military leave of absence must submit the request and a copy of his or her official orders or other records from the military service to the Board of Trustees prior to the dates of attendance. If the reservist or National Guard member submits a copy of his or her official annual training schedule prior to beginning of the year=s military activities, the employee need only submit separate requests and orders for those training duties not included on the annual schedule, or when the annual schedule is modified.

(B) Active duty.

(1) An employee who enlists or is called into active duty for the military service of the United States or who, in time of national emergency, voluntarily enlists for active duty, shall be granted military leave for the time necessary to permit completion of the military service.

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(2) In order to have re-employment rights, a person leaving active duty in the military service of the United States must apply to the municipality for re-employment within 90 days after his or her separation from active duty, or within 90 days after his or her release from hospitalization continuing after such separation for not more than one year. This applies to inductees and enlistees, as well as to reservists and National Guard members performing full active duty, as opposed to initial duty for training, or active or inactive duty training, or other active duty where different re-employment rights are defined by federal statute.

(C) Reserve or National Guard training leave.

(1) An employee who enlists as a reservist or a member of the National Guard shall be granted time off without pay for initial active duty for training, annual training encampment, weekend training drills and other active and inactive training duty.

(2) The reservist or National Guard member must report back to his or her civilian job at the beginning of his or her first regularly scheduled shift on the first day after the completion of initial active duty for training or other training duty, plus the necessary travel time to return from the training site to the place of employment. He or she is also entitled to a reasonable rest time, and a reasonable time thereafter if return is delayed by factors beyond his or her control. If an employee fails to report to his or her job within this specified time period, he or she may be subject to the penalties which would be imposed on any employee who is tardy or absent without permission.

(3) If an employee separates his or her employment with the municipality in order to enlist in the Reserves or National Guard, he or she must reapply to the municipality within 31 days after his or her separation from initial active duty for training in the Reserves or National Guard in order to retain reemployment rights.

(D) Federal statute. An employee who participates in any branch of the military service of the United States is covered by and subject to federal statute, 38 U.S.C. Ch. 43, and all other applicable statutes.(Ord. passed 11- -2017, ' 7.9)

' 31.144 PERSONAL EMERGENCY LEAVE.

(A) If necessary, qualified municipal employees may use accrued sick leave for personal emergency leave.

(B) This leave may be used for the following:

(1) Death in the immediate family; and (IMMEDIATE FAMILY is defined as

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an employee=s spouse, parents, step-parents, children, step-children, brothers, sisters, step-brothers, step-sisters, grandparents, grandchildren and great grandchildren. The term also includes a spouse=s equivalent of the above.)

(2) Emergency illness or scheduled surgery in the immediate family.(Ord. passed 11- -2017, ' 7.10)

' 31.145 HOLIDAYS.

(A) SDCL ' 1-5-1 established the town=s paid holidays. The law provides the first day of every week, known as Sunday, and the following days:

(1) New Year=s Day, January 1;

(2) Martin Luther King Jr. Day, third Monday in January;

(3) President=s Day, third Monday in February;

(4) Memorial Day, last Monday in May;

(5) Independence Day, July 4;

(6) Labor Day, first Monday in September;

(7) Native American Day, second Monday in October;

(8) Veterans= Day, November 11;

(9) Thanksgiving Day, fourth Thursday in November; and

(10) Christmas Day, December 25.

(B) When a holiday falls on a Saturday, the preceding Friday is observed as the paid holiday for eligible municipal employees. If a holiday falls on a Sunday, it is observed on the following Monday.(Ord. passed 11- -2017, ' 7.11)

SEPARATION FROM MUNICIPAL SERVICE

' 31.160 GENERAL POLICIES.

(A) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

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INVOLUNTARY SEPARATION. Layoff or discharge. INVOLUNTARY SEPARATION is not initiated by the employee.

VOLUNTARY SEPARATION. Written resignation, extended absence without proper notification or retirement. VOLUNTARY SEPARATION is initiated by the employee.

(B) Return of municipal property. Municipal employees are expected to return all municipal property at the time of their departure from municipal service. The municipality reserves the right to withhold from the employee=s final paycheck the amount for any property that is not returned or for which there is no explanation for the absence of the property. The municipality may take further action if necessary to recover municipal property.(Ord. passed 11- -2017, ' 8.1)

' 31.161 VOLUNTARY SEPARATION.

(A) Resignation. A municipal employee may resign from municipal service by giving the Board of Trustees written notice of his or her resignation. Said resignation is requested at least two weeks in advance of his or her leaving municipal service. In extenuating circumstances, the Board of Trustees may accept the employee=s resignation as taking affect immediately.

(B) Un-notified absence. If an employee is absent for more than three consecutive days without proper notification in accordance with the attendance policy, he or she shall be considered to have voluntarily resigned his or her position in municipal service. Re-instatement upon presentation of extenuating circumstances or reason for such absence shall be at the discretion of the Board of Trustees. Any un-notified absence of less than three days may result in disciplinary action.

(C) Retirement age. There is no mandatory retirement age for municipal employees. However, all employees must continue to meet the performance requirements for their position.

(D) State retirement system. The municipality is a member of the state=s retirement system (SDRS) and follows the retirement system law as set forth in SDCL ' 3-12. All eligible employees (see '' 31.040 through 31.047 and 31.109 of this chapter) will be members of the SDRS and all benefits will be administered through the SDRS office in Pierre.(Ord. passed 11- -2017, ' 8.2)

' 31.162 INVOLUNTARY SEPARATION.

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(A) Discharge disciplinary interview. In cases of discharge, the employee will be granted full due process rights as set forth in ' 31.182 of this chapter.

(B) Unemployment compensation. The municipality follows the state unemployment laws as found in SDCL Title 61.(Ord. passed 11- -2017, ' 8.3)

DISCIPLINARY ACTION

' 31.175 ORAL REPRIMAND.

The governing board may orally reprimand an employee. This informal disciplinary consultation may be documented on an employee=s performance appraisal or referenced in further progressive disciplinary actions.(Ord. passed 11- -2017, ' 9.1)

' 31.176 WRITTEN REPRIMAND.

The Board of Trustees may discipline an employee by written reprimand.(Ord. passed 11- -2017, ' 9.1)

' 31.177 SUSPENSION WITHOUT PAY.

(A) The Board of Trustees may temporarily suspend an employee without pay for disciplinary purposes.

(B) Suspension shall be for no more than ten working days.(Ord. passed 11- -2017, ' 9.1)

' 31.178 DEMOTION OR REASSIGNMENT.

The Board of Trustees may reduce an employee=s salary, assign the employee to a lower position or change the employees duties within his or her current position or use any combination of the above for disciplinary purposes.(Ord. passed 11- -2017, ' 9.1)

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' 31.179 DISMISSAL.

The Board of Trustees, with the approval of the Town Attorney, may terminate an employee from municipal employment for disciplinary purposes.(Ord. passed 11- -2017, ' 9.1)

' 31.180 VOLUNTARY SEPARATIONS AND GRIEVANCES.

Except as where protected activity, employees who voluntarily terminate their employment will have any outstanding or unresolved grievances immediately dismissed.(Ord. passed 11- -2017, ' 9.1)

' 31.181 NON-GRIEVABLE ACTIONS.

Oral and written reprimands and terminations of employees during their employee-in-training period are not grievable, except on the basis of a prohibited form of discrimination.(Ord. passed 11- -2017, ' 9.1)

' 31.182 DISCIPLINARY INTERVIEW.

Before formal disciplinary actions are taken (suspension without pay, demotion or dismissal), the Board of Trustees shall:

(A) Notify the employee in writing of the proposed disciplinary action. The notice shall state the reason(s) for the action, including any prior disciplinary actions and the facts of any other incidents upon which the present disciplinary action is based;

(B) Hold a disciplinary interview to give the employee an opportunity to present reasons, orally or in writing, why the action should not be taken; and

(C) Inform the employee in writing of the final decision, effective date of the disciplinary action, and his or her right to appeal such decision to the governing board, as followed in ' 31.198 of this chapter, by filing a written notice of disagreement with the Board President within five working days of receiving the response. If the employee fails to appeal the decision within five working days, the action shall become final.(Ord. passed 11- -2017, ' 9.1)

' 31.183 SIGNING REQUIREMENTS.

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(A) In all cases of formal disciplinary action, the employee will be required to sign the written notice of discipline and such notice shall be dated and placed in the employee=s permanent personnel file. If the employee refuses to sign the notice, a notation to that effect shall be made by the Board President with another town employee or official as a witness. The employee may submit a written statement of response to the disciplinary action which shall be attached to and remain with the disciplinary action in his or her permanent personnel file. Documentation of such discipline may be submitted to the Board President for review.

(B) In all instances in this policy where an employee is required to sign, signing does not imply agreement with the action, only that the contents have been made known to or discussed with the employee.(Ord. passed 11- -2017, ' 9.1)

GRIEVANCE PROCEDURE

' 31.195 PURPOSE.

The purpose of this subchapter is to provide a just and equitable method for the resolution of grievances without discrimination, coercion, restraint or reprisal against any employee or group of employees who may submit to or be involved in a grievance.(Ord. passed 11- -2017, ' 9.2)

' 31.196 DEFINITION OF AGRIEVANCE@.

A grievance is a complaint by an employee or a group of employees concerning the interpretation or application of the provisions of rules or regulations governing conditions of employment, personnel practices and procedures or conditions which have not been resolved satisfactorily in an informal manner between the employee(s) and the governing board.(Ord. passed 11- -2017, ' 9.2)

' 31.197 EMPLOYEE NOTICE OF DISAGREEMENT.

(A) If the employee disagrees with any action of the governing board, he or she may, within ten working days (Aworking days@ does not mean Acalendar days@) from the date on which the employee became aware of the action or should have reasonably been aware of the action, submit to the Board of Trustees

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a written notice of disagreement stating the reasons for disagreement and the action that he or she desires.

(B) (1) If the employee disagrees with the response to the grievance or the governing board fails to respond to the grievance within five working days, the employee may file a written notice of disagreement with the Board President within five working days of receiving the response.

(2) If the employee fails to appeal the decision within five working days, the grievance shall be considered waived.(Ord. passed 11- -2017, ' 9.2)

' 31.198 APPEARANCE BEFORE THE GOVERNING BOARD.

At the next meeting (or a special meeting) of the governing board following the employee=s notice of disagreement, the grievant employee may appear before the governing board in open or executive session to discuss his or her grievance. After the employee=s appearance before the governing board, the Board President shall, in writing, furnish the decision of the governing board to the grievant employee. If the grievant employee fails to appear before the governing board on his or her scheduled date of hearing, he or she shall be deemed to have waived any disagreement with the Board of Trustees= decision and shall waive all rights to grieve such decision.(Ord. passed 11- -2017, ' 9.2)

' 31.199 APPEAL FROM THE DECISION OF THE GOVERNING BOARD.

If the grievant employee disagrees with the written decision of the governing board as provided by the Board President, he or she may, within 30 calendar days (calendar days does not mean working days), after receipt of the decision, initiate an appeal to the state=s Department of Labor in accordance with the provisions of SDCL ' 3-18-15.2.(Ord. passed 11- -2017, ' 9.2)

' 31.200 AMERICANS WITH DISABILITIES ACT.

(A) The Americans with Disabilities Act (ADA), being 42 U.S.C. '' 12101 et seq., provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services and programs and telecommunications. Title II of the ADA states, in part, that Ano otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subject to discrimination@ in programs or activities sponsored by a public entity.

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(B) The town has adopted this grievance procedure to provide prompt and equitable resolution of complaints alleging any action prohibited by the U.S. Department of Justice regulations implementing Title II of the ADA, being 42 U.S.C. '' 12131 et seq.

(C) Any individual who believes that he or she or a specific class of individuals with disabilities has been subjected to unlawful discrimination on the basis of that disability by the town may, by himself or herself or by any authorized representative, file a complaint.

(D) Complaints should be addressed to: Finance Officer, Town of Kennebec, P.O. Box 61 Kennebec, S.D. 57544 Telephone: 605-869-2263, who has been designated to coordinate ADA compliance efforts.

(1) A complaint must be filed in writing and contain: the name and address of the individual or representative filing the complaint; a description of the alleged discriminatory action in sufficient detail to inform the entity of the nature and date of the alleged violation; and be signed by the complainant or authorized representative. Complaints filed on behalf of third parties must describe or identify the alleged victims of the discrimination.

(2) The complaint must be filed within 180 days after the alleged violation occurs. This time may be extended for good cause shown.

(3) Pamela Beinlich shall promptly conduct an informal, but thorough, investigation of the complaint. All interested parties shall be afforded an opportunity to submit evidence relevant to the complaint.

(4) A written determination of the validity of the complaint and a description of the resolution shall be issued and a copy forwarded to the complainant no later than ten days after completion of this investigation. The finding shall include: findings of fact and conclusions of law, a description of a remedy for any violation found and a notice of the rights available to both the entity and the complainant, including the complainant=s right to file a private suit.

(5) Files and records of all complaints filed shall be maintained.

(6) The complainant may request a reconsideration of the complaint in cases where he or she is dissatisfied with the resolution. The request for reconsideration must be made to the governing board within 30 days of the original finding.

(7) Nothing in this subchapter shall be construed as preventing an individual from pursuit of other remedies including filing the complaint with any

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federal agency he or she believes is appropriate or with the U.S. Department of Justice. This procedure also does not preclude the individual=s right to file a lawsuit in federal district court.(Ord. passed 11- -2017, ' 9.2)

APPOINTED OFFICIALS

' 31.215 DEFINITION.

An APPOINTED OFFICIAL is an individual who holds a position in a municipality as specified in state law. (See ' 31.216 of this chapter.)(Ord. passed 11- -2017, ' 10.1)

' 31.216 OFFICIALS TO BE APPOINTED.

The appointed officers in second and third class municipalities are the Finance Officer (Auditor, Treasurer) and other such officers as provided by municipal ordinance.(Ord. passed 11- -2017, ' 10.2)

' 31.217 APPOINTMENT OF APPOINTED OFFICIALS (TRUSTEES).

Appointment of municipal officials is made by a majority vote of the members elected to the governing board.(Ord. passed 11- -2017, ' 10.3)

' 31.218 APPLICABLE POLICIES TO MUNICIPAL OFFICIALS.

The following sections of this manual shall apply to municipal officials:

Policy #1 All sub-sections

Policy #2 All sub-sections

Policy #3 All sub-sections

Policy #4 Not applicable

Policy #5 Applicable if such officials are covered by FLSA

Policy #6 All sub-sections

Policy #7 All sub-sections

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Policy #8 Not applicable

Policy #9 Not applicable

Policy #10 All sub-sections

(Ord. passed 11- -2017, ' 10.3)

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Personnel Policies 85

CHAPTER 32: FINANCE AND REVENUE; TAXATION

Section

32.01 Justice of the Peace fees32.02 Sales and service tax32.03 Investment policy

32.99 Penalty

' 32.01 JUSTICE OF THE PEACE FEES.

Justice of the Peace fees shall be as set by the governing body.(Ord. 9, passed - -)

' 32.02 SALES AND SERVICE TAX.

(A) Purpose. The purpose of this section is to provide additional needed revenue for the town by imposing a municipal retail sales and use tax pursuant to the powers granted to the municipality by the state, by SDCL ' 10-52, entitled AUniform Municipal Non-Ad Valorem Tax Law@ and acts amendatory thereto.

(B) Effective date. From and after 1-1-2006, or as soon thereafter as permitted by law, there is hereby imposed as a municipal retail occupational sales and service tax upon the privilege of engaging in business a tax of 2% on the gross receipts of all persons engaged in business within the jurisdiction of the town, who are subject to the state=s retail occupational sales and service tax, SDCL ' 10-45, and acts amendatory thereto.

(C) Collection. Such tax is levied pursuant to authorization granted by SDCL ' 10-52 and acts amendatory thereto, and shall be collected by the state=s 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 and Regulation of the state shall fully prescribe.

(D) Exemptions from taxation. In addition to gross receipts exempted by state law and therefor from tax imposed hereunder, there are hereby specifically exempted from the provisions of this section and from computation of the amount of tax imposed by it, the following:

(1) Farm machinery and irrigation equipment used exclusively for agricultural purposes;

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(2) Gross receipts from vending machines, including, but not limited to, pin-ball machines, phonograph and all other mechanical devices for amusement; and

(3) Sales of tangible personal property and taxable service to purchasers residing or doing business outside the town provided that delivery, is made to such purchaser outside the town by common carrier or by conveyance of the seller or by the United States mail; and, provided that, the articles so purchased and delivered are used outside the town. Sales of tangible personal property to a construction company for use of its business operations outside the town if delivery thereof is made to a truck of the construction company within the town.

(E) Use tax. In addition there is hereby imposed an excise tax on the privilege of the use, storage and consumption within the jurisdiction of the town of tangible personal property purchased from and after 1-1-2006, at the same rate as the municipal sales and sendee tax upon all transactions or use, storage and consumption which are subject to the state=s Use Tax Act, SDCL ' 10-46, and acts amendatory thereto.

(F) Interpretation. It is declared to be the intention of this section and the taxes levied hereunder that the same shall be interpreted and construed in the same manner as all sections of the state=s Retail Occupational Sales and Service Act, SDCL ' 10-45, and acts amendatory thereto, and the South Dakota Use Tax, SDCL ' 10-46 and acts amendatory thereto, and that this shall be considered a similar tax, except for the rate thereof to that tax.(Ord. 118, passed 1-17-1978; Ord. 174, passed - -2005) Penalty, see ' 32.99

' 32.03 INVESTMENT POLICY.

(A) Policy. Pursuant to SDCL ' 4-5-8, it is the policy of the town to invest idle public funds in a manner to meet the daily cash flow demands of the town with the primary objectives, in priority order, being:

(1) Safety;

(2) Liquidity; and

(3) Return.

(B) Delegation of authority. Authority to manage the investment program is granted to the Finance Officer, who shall refrain from personal business activity that could impair his or her ability to make impartial decisions. The Finance Officer, acting in accordance with the written procedures and this investment policy and exercising due diligence, shall be relieved of personal responsibility for

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an individual security=s credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and the liquidity and the sale of securities are carried out in accordance with the terms of this policy. In case of extended leave of absence, the governing board shall appoint a replacement officer.

(C) Authorized financial dealer and institution. The governing board authorizes the placement of cash resources in the following institutions: Bank West.

(D) Authorized and suitable investments. The town is empowered by statute to invest in the following types of securities:

(1) Interest bearing checking accounts;

(2) United States Treasury bills, bonds and notes (SDCL ' 4-5-6);

(3) United States Government agencies (SDCL ' 4-5-6);

(4) Certificates of deposit (CDs) - not to exceed 18 month maturities (SDCL ' 4-5-6); and

(5) Local government investment pool.

(E) Collateralization. In accordance with the SDCL '' 4-6A and 51A-10-9, qualified public depositories will furnish collateral in the sum equal to 100% of the public deposit accounts that exceed deposit insurance. The financial institution shall submit a copy of its collateralization report to the Finance Officer.(Ord. passed - -)

' 32.99 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to ' 10.99 of this code of ordinances.

(B) Any person failing or refusing to make reports on payments prescribed by ' 32.02 of this chapter and the rules and regulations relating to the ascertainment and collection of the tax herein levied shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $200 or imprisoned in the town jail for 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 excise taxes by the Department of Revenue and Regulation.(Ord. 118, passed 1-17-1978; Ord. 174, passed - -2005)

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Finance and Revenue; Taxation 89

CHAPTER 33: GENERAL POLICIES

Section

33.01 Emergency response strategy for employees33.02 Pre-disaster mitigation plan33.03 Library services and building33.04 Community Center use

' 33.01 EMERGENCY RESPONSE STRATEGY FOR EMPLOYEES.

The emergency response strategy for employees of the town is hereby adopted by reference and incorporated herein as if set out in full.(Ord. passed 10- -2002)

' 33.02 PRE-DISASTER MITIGATION PLAN.

The county=s pre-disaster mitigation plan is hereby approved and adopted by the town and incorporated herein as if set out in full.(Res. 2008-4, passed 8-4-2008)

' 33.03 LIBRARY SERVICES AND BUILDING.

The library=s service procedures are hereby adopted by reference and incorporated herein as if set out in full.(Ord. passed - -; Ord. passed 6-4-1990; Res. 2007-5, passed 8-6-2007)

' 33.04 COMMUNITY CENTER USE.

Procedures regarding the use of the Community Center are hereby adopted by reference and incorporated herein as if set out in full.(Ord. passed - -)

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General Policies 91

CHAPTER 34: IDENTITY THEFT PROTECTION

Section

34.01 Introduction34.02 Program application34.03 Identification of red flags34.04 Detection of red flags34.05 Responding to red flags; preventing and mitigating theft34.06 Program updates34.07 Program administration

' 34.01 INTRODUCTION.

The town has developed this identity theft prevention program (Aprogram@) pursuant to the Federal Trade Commission=s Red Flags Rule (ARule@), which implements ' 114 of the Fair and Accurate Credit Transactions Act of 2003, 16 C.F.R. ' 681.2. This program was developed with oversight and approval of the Program Administrator. After consideration of the size and complexity of the utility=s operations and account systems, and the nature and scope of the utility=s activities, the Program Administrator determined that this program was appropriate for the town and, therefore, approved this program on 10-6-2008.(Ord. passed - -2008)

' 34.02 PROGRAM APPLICATION.

All individual municipal utility accounts, whether residential, commercial or industrial are covered by this program. Therefore, reasonable policies and procedures for identification, detection and response to identity theft will be developed and maintained for training employees.(Ord. passed - -2008)

' 34.03 IDENTIFICATION OF RED FLAGS.

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(A) The Red Flags Rule defines: IDENTITY THEFT as Afraud using >identifying information= of another person@; IDENTIFYING INFORMATION specifically includes: name; address; telephone number; Social Security number; date of birth; government issued driver=s license or identification number; alien registration number; government passport number; employer or taxpayer identification number; unique electronic identification number; computer=s internet protocol address; or routing code.

(B) In order to identify relevant red flags, the town considers the types of accounts that it offers and maintains, the methods it provides to open its accounts, the methods it provides to access its accounts and any previous experiences with identity theft. The town identifies the following red flags, in each of the listed categories.

(1) Suspicious documents red flags.

(a) Identification document or card that appears to be forged, altered or inauthentic;

(b) Identification document or card on which a person=s photograph or physical description is not consistent with the person presenting the document;

(c) Other document with information that is not consistent with existing customer information (such as if a person=s signature on a check appears forged); and

(d) Application for service that appears to have been altered or forged.

(2) Suspicious personal identifying information red flags.

(a) Identifying information presented that is inconsistent with other information the customer provides (example: inconsistent birth dates);

(b) Identifying information presented that is inconsistent with other sources of information;

(c) Identifying information presented that is the same as information shown on other applications that were found to be fraudulent;

(d) Identifying information presented that is consistent with fraudulent activity (such as an invalid phone number or fictitious billing address);

(e) An address or phone number presented that is the same as that of another person;

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(f) A person fails to provide complete personal identifying information on an application when reminded to do so (however, by law, Social Security numbers must not be required); and

(g) A person=s identifying information is not consistent with the information that is on file for the customer.

(3) Suspicious account activity or unusual use of account red flags.

(a) Change of address for an account followed by a request to change the account holder=s name;

(b) Payments stop on an otherwise consistently up-to-date account;

(c) Account used in a way that is not consistent with prior use (example: very high activity);

(d) Mail sent to the account holder is repeatedly returned as undeliverable;

(e) Notice that a customer is not receiving mail sent by the utility;

(f) Notice that an account has unauthorized activity;

(g) Breach in the computer system security;

(h) Unauthorized access to or use of customer account information;

(i) Alerts from others red flag; and

(j) Notice from a customer, identity theft victim, law enforcement or other person that it has opened or is maintaining a fraudulent account for a person engaged in identity theft.(Ord. passed - -2008)

' 34.04 DETECTION OF RED FLAGS.

(A) New accounts. In order to detect any of the red flags identified above associated with the owning of a new account, personnel will take the following steps to obtain and verify the identity of the person opening the account:

(1) Detect;

(2) Require certain identifying information such as name, residential or business address, principal place of business for an entity, driver=s license or other identification;

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(3) Verify the customer=s identity (for instance, review a driver=s license or other identification card);

(4) Review documentation showing the existence of a business entity; and

(5) Independently contact the customer.

(B) Existing accounts. In order to detect any of the red flags identified above for an existing account, personnel will take the following steps to monitor transactions with an account: detect:

(1) Verify the identification of customers if they request information (in person, via telephone, via facsimile, via email); and

(2) Verify the validity of requests to change billing addresses.(Ord. passed - -2008)

' 34.05 RESPONDING TO RED FLAGS; PREVENTING AND MITIGATING THEFT.

In the event personnel detect any identified red flags, such personnel shall take one or more of the following steps, depending on the degree of risk posed by the red flag:

(A) Prevent and mitigate:

(1) Continue to monitor an account for evidence of identity theft;

(2) Contact the customer;

(3) Not open a new account;

(4) Close an existing account;

(5) Notify the Program Administrator for determination of the appropriate step(s) to take;

(6) Notify law enforcement; or

(7) Determine that no response is warranted under the particular circumstances.

(B) Protect customer-identifying information: in order to further prevent the likelihood of identity theft occurring with respect to utility accounts, the town will

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take the following steps with respect to its internal operating procedures to protect customer identifying information:

(1) Ensure complete and secure destruction of customer information;

(2) Keep offices clear of papers containing customer information;

(3) Do not request Social Security numbers;

(4) Ensure computer virus protection is up to date; and

(5) Require and keep only the kinds of customer information that are necessary for utility purposes.(Ord. passed - -2008)

' 34.06 PROGRAM UPDATES.

This program will be periodically reviewed and updated to reflect changes in risks to customers and the soundness of the town from identity theft. At least annually, the Program Administrator will consider the experiences with identity theft situations, changes in identity theft methods, changes in identity theft detection and prevention methods, changes in types of accounts maintained and changes in business arrangements with other entities. After considering these factors, the Program Administrator will determine whether changes to the program, including the listing of red flags, are warranted. If warranted, the Program Administrator will update the program or present the town=s Board of Trustees with recommended changes and the town=s Board of Trustees will make a determination of whether to accept, modify or reject those changes to the program.(Ord. passed - -2008)

' 34.07 PROGRAM ADMINISTRATION.

(A) Oversight. Responsibility for developing, implementing and updating this program lies with the Program Administrator for the town. The Program Administrator will be responsible for the program administration, for ensuring appropriate training of staff on the program, for reviewing any staff reports regarding detection of red flags and the steps for preventing and mitigating identity theft, determining which steps of prevention and mitigation should be taken in particular circumstances and considering periodic changes to the program.

(B) Staff training and reports. Staff responsible for implementing the program shall be trained either by or under the direction of the Program Administrator in

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red flag detection and responsive steps to be taken when a red flag is detected.

(C) Service provider arrangements. In the event the utility engages a service provider to perform an activity in connection to utility accounts, the utility will take the following steps to ensure the service provider performs its activity in accordance with reasonable policies and procedures designed to detect, prevent and mitigate the risk of identity theft:

(1) Require, by contract, that service providers have such policies and procedures in place; and

(2) Require, by contract, that service providers review the utility=s program and report any red flags to the Program Administrator.(Ord. passed - -2008)

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Identity Theft Protection

TITLE V: PUBLIC WORKS

Chapter

50. GARBAGE AND REFUSE

51. WATER AND SEWER GENERALLY

52. WATER

53. SEWERS

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CHAPTER 50: GARBAGE AND REFUSE

Section

Public Rubble Site

50.01 Maintenance fee

Collection and Disposal

50.15 Definitions50.16 License required for collecting and hauling garbage50.17 Containers; location50.18 Separation of garbage, poisons and other toxic materials50.19 Collection of garbage and other refuse50.20 Rates50.21 Vehicles used for collection50.22 Burning prohibited50.23 Dumping places

50.99 Penalty

PUBLIC RUBBLE SITE

' 50.01 MAINTENANCE FEE.

(A) There is hereby imposed a public rubble site maintenance fee of $2 per month to be included on the monthly water and sewer utility bill for all accounts to be used for necessary upkeep expenses of the town=s rubble site.

(B) The Board of Trustees shall determine from time to time the amount of funds required to be in the town=s Rubble Site Maintenance Fund, hereby established as a separate account within the town=s General Fund.

(C) The Board of Trustees may, by resolution, increase, decrease or temporarily suspend imposition of the public rubble site maintenance fee as the Board of Trustees may determine in order to provide adequate funding for needed activities related to the town=s rubble site.

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(D) (1) Material allowed to be left in the town=s rubble site includes: yard waste; tree branches and trunks; building materials, such as wood products, wall board, shingles, floor and ceiling tile and the like resulting from demolition and construction; must have metal and glass removed and must be certified to be asbestos free.

(2) The Board of Trustees, by resolution, may establish an additional fee for appliances and scrap metal. Refrigerators, freezers and any appliance with a door enclosing a space where a child could be trapped must have the door(s) removed. Any appliance containing coolants, oil or any flammable gas or liquid must be drained prior to deposit in the rubble site. No furniture, mattresses or hazardous waste of any sort is allowed.

(E) (1) The Board of Trustees, by resolution may establish a fee, as the Board of Trustees may from time to time determine, to be paid by any person, not subject to a monthly water bill, seeking to dispose of rubble in the town=s rubble site.

(2) Said fee may be based upon volume or weight as the Board of Trustees may determine.(Ord. 196, passed 6-6-2013) Penalty, see ' 50.99

COLLECTION AND DISPOSAL

' 50.15 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

GARBAGE. Kitchen refuse, an accumulation of animal and vegetable matter which attends the preparation, cooking and eating of food, cans, bottles, paper and other waste materials ordinarily originating in a household or business, which may lawfully be disposed of in a licensed landfill.

GARBAGE COLLECTOR. Any individual, association, partnership, cooperative, corporation, government agency or other legal entity licensed to haul garbage by the town.

PERSON. Any individual, association, partnership, cooperative, corporation, government agency or other legal entity.(Ord. 162, passed 1-18-2000)

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' 50.16 LICENSE REQUIRED FOR COLLECTING AND HAULING GARBAGE.

Any person engaged in hauling or transporting garbage and refuse material within the town or gathering the same within the town and hauling and transporting the same, shall first procure a license therefor from said town. The application shall be filed with the Finance Officer and must be approved by the Board of Trustees before the license is issued. The applicant shall provide proof of adequate liability insurance as approved by the Board of Trustees. The license fee shall be set by the Board of Trustees by resolution. Licenses shall be issued for the calendar year and may be revoked at any time by the Board of Trustees upon said licensee=s failure to comply with the provisions of the ordinances of the town or the laws of the state. The license shall cover only one vehicle or conveyance for that purpose. No person shall be required to be licensed for the purpose of hauling garbage or refuse from his, her, their or its own premises.(Res. 100-1, passed 1-3-2000; Ord. 162, passed 1-18-2000) Penalty, see ' 50.99

' 50.17 CONTAINERS; LOCATION.

(A) The occupant of every dwelling house or apartment and of every place of business and building, whether it be owner, tenant, agent, lessee or person in charge, shall provide a suitable water-tight garbage can, either metallic or plastic, in which the occupant(s) shall cause to be deposited all garbage accumulating upon the premises, which garbage cans shall be kept in a place which is convenient and accessible to the garbage collector. All garbage shall be securely contained in plastic garbage bags within such garbage cans. Garbage cans shall not exceed a maximum capacity of 33 gallons, and shall be provided with tightly-fitted covers, which shall not be removed, except when necessary and shall have handles thereon. The garbage cans shall be kept free from garbage and other putrescible matter that attracts flies and insects.

(B) In the alternative, garbage may be collected in plastic garbage bags without containers provided the bags are kept secure within a building and are not placed near the street until the day of pickup to prevent the garbage from being blown by the wind, strewn about by animals or otherwise litter the town.(Ord. 162, passed 1-18-2000) Penalty, see ' 50.99

' 50.18 SEPARATION OF GARBAGE, POISONS AND OTHER TOXIC MATERIALS.

The occupant of every residence or business within the town shall separate refuse so that all garbage to be collected shall be placed in a plastic garbage bag. All herbicides, insecticides, fungicides and rodenticides and other poisonous or toxic material shall be placed in separate containers suitable for disposal of said materials as required by the laws and regulations of the United States of America

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and the state and their respective agencies which are now in effect or which hereafter may be enacted; and such materials will be hauled to the landfill by the garbage collector if acceptable for disposal at the landfill in which the garbage collector is dumping.(Ord. 162, passed 1-18-2000) Penalty, see ' 50.99

' 50.19 COLLECTION OF GARBAGE AND OTHER REFUSE.

Garbage collectors shall collect and dispose of all garbage accumulating in residences or other businesses which is acceptable for disposal at the landfill in which the garbage collector is dumping, which landfill shall be licensed. Collection of other trash and refuse shall be collected when requested and on such terms and rates as may be agreed upon. No person shall accumulate garbage upon his or her property so as to endanger the health, safety or welfare of the residents of the town.(Ord. 162, passed 1-18-2000) Penalty, see ' 50.99

' 50.20 RATES.

The rate for collection of garbage will be the rate as agreed upon by the garbage collector and resident or business owner. The garbage collector will be responsible for the tipping fee assessed by the landfill. The garbage collector will be responsible for collecting the garbage fee from the resident or business.(Ord. 162, passed 1-18-2000)

' 50.21 VEHICLES USED FOR COLLECTION.

(A) Garbage collectors shall use suitable vehicles for the hauling of garbage which shall prevent the escape of odors and contents.

(B) Such vehicles, when collecting and hauling garbage, shall be so loaded and covered so as not to spill any of its contents on any street or alley or highway within the town.(Ord. 162, passed 1-18-2000) Penalty, see ' 50.99

' 50.22 BURNING PROHIBITED.

No garbage or trash shall be burned within the corporate limits of the town, except authorized burning at the town=s rubble site or as authorized by permit issued by the Board of Trustees.(Ord. 162, passed 1-18-2000) Penalty, see ' 50.99

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' 50.23 DUMPING PLACES.

No person shall deposit any garbage, trash or waste materials of any kind within the limits of the town, except as provided for in this subchapter.(Ord. 162, passed 1-18-2000) Penalty, see ' 50.99

' 50.99 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to ' 10.99 of this code of ordinances.

(B) Any person found to be in violation of ' 50.01 of this chapter shall, upon conviction thereof, pay a penalty in the amount of $100 for each such violation.

(C) A violation by any person of '' 50.15 through 50.23 of this chapter shall be deemed a misdemeanor and shall be punishable by a fine not to exceed $200.(Ord. 162, passed 1-18-2000; Ord. 196, passed 6-6-2013)

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CHAPTER 51: WATER AND SEWER GENERALLY

Section

51.01 Water and sewer rates

' 51.01 WATER AND SEWER RATES.

(A) Water. Water shall be paid at a minimum or metered rate or an availability basis. The current water charge is $15 per 1,000 gallons and $2 for every additional 1,000 gallons. If an availability charge is administered, it will have a charge of $7.50.

(B) Sewers. The regular sewer charge is set at $35 per monthly basis or an availability charge of $17.50, where the sewer access is available. The sewer charge is not affected by buildings or structures of any kind.

(1) Residential housing. Water will be paid at a minimum or metered rate. Sewer will be charged $35 for the first two living spaces and an additional $25 for each living space after. Rubble site fees will apply to each living space.

(2) Court houses and schools. Water will be paid at a minimum or metered rate. Sewer will be charged by bathroom, specifically $35 for the first two bathrooms and $10 for each bathroom after. Rubble site fees will apply to each building.

(3) Hotel complexes and buildings. Water will be paid at a minimum or metered rate. Sewer will be charged $35 for the first two rooms and/or buildings and an additional $5 per room after. Two rubble site fees will be charged monthly, accommodating the house and the business. All fees will be paid year around.

(4) Conjoining home and business. Water will be paid at a minimum or metered rate. Sewer will be charged separately between the home and business. Two rubble site fees will be charged monthly, accommodating the house and the business.

(5) Camping business and home. Water will be paid at a minimum or metered rate. Sewer will be charged $35 for the first two buildings (home and office) and an additional $3 per camper site that can access sewer.

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(6) AService availability@ definition. When water and/or sewer passes the property and/or is capped at the deepest horizontal level as close to the property line as possible. Businesses without the availability of sewer will begin their payments when the sewer becomes available.(Res. 2015-4, passed - -)

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CHAPTER 52: WATER

Section

General Provisions

52.01 Emergency response strategy

Water Works System

52.15 List of water users52.16 Discontinuance of service52.17 Service connections; application52.18 Premises to have separate connection52.19 Cost of installation borne by consumer52.20 Use of water without authority52.21 Defective service52.22 Consent to regulations52.23 Water connections; service pipes; curb, stop and waste cocks; check

valves52.24 Use of water during fire52.25 Rates; meter readings; payment; failure to pay; collection52.26 Water Fund52.27 Water Superintendent

52.99 Penalty

GENERAL PROVISIONS

' 52.01 EMERGENCY RESPONSE STRATEGY.

The emergency response strategy for the town=s water system is hereby adopted by reference and incorporated herein as if set out in full.(Ord. passed - -)

WATER WORKS SYSTEM

' 52.15 LIST OF WATER USERS.

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The Water Superintendent shall prepare a list of all present water users, giving their names and whether they use residential or commercial service. Such list shall be prima facie evidence of the liability of the named owner for the water charge.(Ord. 107, passed 8-6-1973)

' 52.16 DISCONTINUANCE OF SERVICE.

(A) Any user desiring discontinuance of water service shall notify the Water Superintendent prior to the first day of any month and shall continue liable for payment of the water charge until such notice.

(B) The town reserves the right to discontinue service to any or all consumers of the water system without notice when necessary for repairs. The town may also discontinue service to a consumer who does not pay a bill when due or who disregards the rules and regulations regarding water service; provided, proper notice is given pursuant to law. When service has been discontinued because of non-payment or disregard of the rules and regulations, service shall not be resumed, except upon payment of the bill, together with penalty and interest thereon at the rate of not more than 18% annum, full compliance with the rules and regulations, and payment of a fee of $50 to re-establish service.(Ord. 107, passed 8-6-1973; Ord. 159, passed 5-17-1999)

' 52.17 SERVICE CONNECTIONS; APPLICATION.

(A) (1) Any party desiring water service from the water system of the town for premises not theretofore connected with the system shall apply for a connection on a form provided by the Superintendent.

(2) Such application shall contain an exact description of the premises to be served and state the uses, residential or commercial, to which the water is to be put and the estimated amount of water to be used per quarter/annual period. Such application shall be filed with the Superintendent and the applicant shall thereupon pay, as and for a connection charge, the sum of $75.

(B) Any new occupant of a premises who desires water service for premises where a connection has been made shall make written application therefor as described in division (A) above, but no additional charge for such connection shall be required.(Ord. 107, passed 8-6-1973)

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' 52.18 PREMISES TO HAVE SEPARATE CONNECTION.

Unless special permission is granted by the Water Superintendent, each premises shall have a separate service connection and, where permission is granted for branch service systems, each system must have its own separate curb cock.(Ord. 107, passed 8-6-1973) Penalty, see ' 52.99

' 52.19 COST OF INSTALLATION BORNE BY CONSUMER.

The cost of the original installation of all plumbing between the curb and any service devices maintained by the consumer, all extensions made to such plumbing, and all repairs shall be borne entirely by the consumer. Such plumbing and services shall, at all reasonable times, be subject to inspection by duly authorized representatives of the town. Any repairs found to be necessary shall be made promptly.(Ord. 107, passed 8-6-1973)

' 52.20 USE OF WATER WITHOUT AUTHORITY.

It shall be unlawful for any person to use water from any premises without the consent of the owner or to use water from the water system of the town without a permit from the Water Superintendent. No person, except an authorized representative of the town, shall turn on or off or tamper with any curb cock.(Ord. 107, passed 8-6-1973) Penalty, see ' 52.99

' 52.21 DEFECTIVE SERVICE.

All claims for defective service shall be made in writing and filed with the Clerk or Water Superintendent on or before the tenth day of the month next succeeding such defective service or shall be deemed waived by the claimant. If any such claim is so filed, the Water Superintendent shall investigate the facts alleged in such claim and determine the amount, if any, which should be refunded to such claimant by reason of defective service and report such determination to the Board of Trustees. If approved by the Board of Trustees, such amount shall be allowed as a credit on the following bill or paid as other claims. No claim shall be made against the town by reason of any, fire or any injuries to the person or property of any consumer of water under the provisions hereof.(Ord. 107, passed 8-6-1973)

' 52.22 CONSENT TO REGULATIONS.

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Every person applying for water service from the water system and every owner of property, for which such application is made, shall be deemed by such application to consent to all the rules, regulations and rates contained in the ordinances of the town and to all modifications thereof and to all new rules, regulations or rates duly adopted.(Ord. 107, passed 8-6-1973)

' 52.23 WATER CONNECTIONS; SERVICE PIPES; CURB, STOP AND WASTE COCKS; CHECK VALVES.

(A) In installing water service all taps shall be driven, street excavations made, curb cocks inserted, pipes installed from main to curb, and the curb cock installed in an iron box to which the service is to be connected by a town employee or by a plumber duly licensed.

(B) All service pipes connected to the water system shall be drawn copper standard strength and shall be laid seven feet below the established grade, or as low as the street mains.

(C) There shall be a curb cock in every service line attached to the water main, the same to be placed as near as possible to the street side of the sidewalk if on a street or within one foot of the alley line if the main is located in the alley. Curb cocks shall be supplied with strong and suitable AT@ handles and shall be enclosed in a substantial iron case covered with a tight-fitting iron lid, with the letter AW@ cast upon it. There shall be a valve in the pipe on the house side.

(D) Check valves are required on all water connections to steam boilers or other connection deemed by the Water Superintendent to require one. Safety and relief valves shall be placed on all boilers or other steam apparatus connections with the water system where the steam pressure may be raised in excess of 50 pounds per square inch.(Ord. 107, passed 8-6-1973)

' 52.24 USE OF WATER DURING FIRE.

It is hereby declared to be unlawful for any person owning or occupying premises connected to the municipal water system to use or allow to be used during a fire any water from said system, except for the purpose of extinguishing such fire. Upon the sounding of a fire alarm, it shall be the duty of every person to see that all water services are tightly closed and that no water is used, except for necessary household purposes during said fire.(Ord. 107, passed 8-6-1973) Penalty, see ' 52.99

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' 52.25 RATES; METER READINGS; PAYMENT; FAILURE TO PAY; COLLECTION.

(A) See ' 51.01 of this code of ordinances for water rates.

(B) The owner and/or consumer shall read his or her water meter(s) on the fifteenth day of each month, and record the same and pay for the same upon and according to self billing water record books to be furnished by the town as provided herein. The owner and/or consumer shall make all water meters readily available to the Water Superintendent for inspection and reading.

(C) It shall be the duty of the owner and/or consumer to make payment of the water bill for each month to the town, prior to the end of each month, and the owner and/or consumer shall use, for recording, computation and payment purposes, of each month=s water bill, self-billing water meter record books furnished by the town for that purpose.

(D) If any delinquent monthly bill is not paid within ten days of notice of disconnection of service (30 days from November 1 to March 31) and there is no bona fide dispute regarding the bill, the town shall have the right to discontinue and shut off the water service to any such delinquent consumer and/or owner, and said water service shall not be reconnected until and unless the delinquent bill, plus any penalty and interest, and an additional reconnection charge in the amount of $50 are paid in full.

(E) Any amounts due hereunder for water charges may be collected in an action brought for that purpose in the name of the town against the water user and the property owner or the Board of Trustees may certify to the County Auditor the amounts due for water charges, including penalty, together with the legal description of the premises served, with a request that the County Auditor thereupon enter such amount with the tax levy on said premises collectible with the taxes for the next ensuing year. The property owner shall be liable for water service to the premises whether or not he or she is occupying the premises; provided that, nothing herein shall prevent the Water Superintendent from ordering discontinuance of service to any such premises until any bill shall have been paid.(Ord. 107, passed 8-6-1973; Ord. 159, passed 5-17-1999)

' 52.26 WATER FUND.

(A) There is hereby created a special fund to be known as the Water Fund, to be kept and maintained by the Treasurer.

(B) Into said Fund shall be paid all collections of water charges as provided in ' 52.25(A) of this chapter and such other moneys as may from time to time be

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appropriated thereto. Out of said Fund shall be paid all costs of operation and maintenance of said water system.(Ord. 107, passed 8-6-1973)

' 52.27 WATER SUPERINTENDENT.

Unless some other agent or employee of the town shall be designated as AWater Superintendent@, the Board of Trustees shall act as such Superintendent and in such event any reference herein to the Water Superintendent shall be deemed to refer to the Board of Trustees.(Ord. 107, passed 8-6-1973)

' 52.99 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to ' 10.99 of this code of ordinances.

(B) Any person violating any provision of '' 52.15 through 52.27 of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $200. Any prosecution hereunder shall not prevent the enforcement of any civil right or remedy hereunder or under any other applicable law.(Ord. 107, passed 8-6-1973; Ord. 159, passed 5-17-1999)

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CHAPTER 53: SEWERS

Section

General Provisions

53.01 Emergency response strategy53.02 Discharge and deposits

Sewage Disposal and Collection System

53.15 Trunk mains; installation, inspection and connection53.16 Duty to repair service sewers and report harmful conditions53.17 Record of usage; determination53.18 Payment by user53.19 Disconnection for late payment

53.99 Penalty

GENERAL PROVISIONS

' 53.01 EMERGENCY RESPONSE STRATEGY.

The emergency response strategy for the town=s water system is hereby adopted by reference and incorporated herein as if set out in full.(Ord. passed - -)

' 53.02 DISCHARGE AND DEPOSITS.

It shall be unlawful for any person to deposit or cause to be deposited in said storm sewer system any sanitary sewage or waste, filth, any trash, garbage, dirt, gravel, oil, metal, glass or any other foreign matter not intended to be carried away by the said storm sewer system.(Ord. 58, passed 2-18-1952) Penalty, see ' 53.99

SEWAGE DISPOSAL AND COLLECTION SYSTEM

' 53.15 TRUNK MAINS; INSTALLATION, INSPECTION AND CONNECTION.

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(A) Connection with the town sewer system and the laying of pipe from said system into the premises of the owner shall be done under the direction of the manager or other duly designated person in charge of the town sewer system.

(B) Such connection shall be made at the place provided for the particular lot or lots on which the user shall be located, or at such point in the trunk sewer system adjacent to the property as the manager or other person in charge of the system shall direct, and such connection shall be made in accordance with standards established by said manager.

(C) (1) The town shall furnish a AY@ in the main at the point of connection, and shall be responsible for all expense in connection with installation of the same as part of the consideration for payment of the connection fee as hereinafter provided.

(2) The user desiring connection shall be responsible for effecting connection with such AY@, and shall bear all expense of providing and installing whatever service sewer pipe is necessary to interconnect his or her property with such AY@, and shall bear all responsibility for all claims of whatever kind incurred in connection with construction, installation, maintenance or repair of any of the same.

(D) (1) All service pipe shall be of least four-inch interior diameter and shall be of cast iron, clay tile or such other type as may be approved by the Manager or other person in charge.

(2) Not more than one connection per individual lot shall be permitted in the trunk sewers, unless permitted by the manager in charge.

(E) Nothing contained herein shall be construed as requiring the town to furnish trunk sewers in any of its streets, alleys or other public places, and it shall not be required to furnish any of the same although it shall have the right to do so if it desires.

(F) The town shall assume no responsibility whatever for claims resulting from the use of such sewer facility.

(G) A connection fee of $125 per connection must be paid to the town prior to connection, except that any connection fees contracted prior to effective date of this subchapter shall be accepted at the contract price.(Ord. 70, passed 5-25-1959) Penalty, see ' 53.99

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' 53.16 DUTY TO REPAIR SERVICE SEWERS AND REPORT HARMFUL CONDITIONS.

(A) It shall be the duty of the user to make adequate repair or any service sewer connected with the town=s system as necessary to prevent injury to the system, and as directed by the manager or other person in charge and, in event of failure or refusal so to do, the town shall have the right to disconnect any such service sewers and assess the cost thereof to the owner thereof. In event of any such disconnection, any reconnect ion with the system shall be made in accordance with the rules and regulations herein provided for new connections to the system, including assessment of connection fee.

(B) It shall be the duty of any user to refrain from any use of the system which would result in harm or injury thereto, and the manager or other person in charge may refuse connection to or disconnect any existing connection which, in his or her opinion, would likely result in such harm or injury to the system.

(C) Any user shall promptly notify the manager or other official of the town of any use made or contemplated of the system which might tend to be harmful or injurious thereto.(Ord. 70, passed 5-25-1959) Penalty, see ' 53.99

' 53.17 RECORD OF USAGE; DETERMINATION.

(A) The town shall keep an accurate book of the periods of actual user of the system, but such record may be combined with the town=s record of users of its water distribution system if it desires.

(B) (1) All rentals due shall be billed promptly and in writing, on a monthly basis. User of the system shall be considered continuous after initial connection thereto, except during periods of unoccupancy of the premises, or during such times as the user shall have notified the town through the manager or other person in charge that service was not to be made. Notwithstanding any such notice, continued use of the town water system at the same occupancy, or existence of a workable private water system therein shall be presumptive evidence of continued user of the sewer connection. The town shall have a right of inspection to determine such user, and may provide blocks in the system as it may desire during periods of non-use.

(2) A reasonable right of access to any premises hereafter connecting with the system shall be granted for the purpose of such inspections and any other inspections provided in this subchapter.(Ord. 70, passed 5-25-1959)

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' 53.18 PAYMENT BY USER.

(A) It shall be the duty of the user of the system to make payment of the rental charged within two weeks after the giving of notice of the amount due, which payments shall be made to the manager or person in charge as designated by the town.

(B) Such notice may be given by mailing the same to the user through the United States mail, at the user=s town address, and the period of time within which to make payment shall commence at the time such notice is deposited in the local United States Post Office.

(C) Notices shall be sent at the end of the month for which service was rendered.(Ord. 70, passed 5-25-1959)

' 53.19 DISCONNECTION FOR LATE PAYMENT.

(A) It is the policy of the town to discontinue utility service to customers by reason of nonpayment of bills only after notice and a meaningful opportunity to be heard on disputed bills. The town=s form for application for utility service and all bills shall contain, in addition to the title, address, room number, and telephone number to the official in charge of billing, clearly visible and easily readable provisions to the effect that:

(1) All bills are due and payable on or before the date set forth on the bill;

(2) If any bill is not paid by or before that date, a second bill will be mailed containing a cutoff notice that if the bill is not paid within ten days of the mailing of the second bill, service will be discontinued for nonpayment; and

(3) Any customer disputing the correctness of his or her bill shall have a right to a hearing at which time he or she may be represented in person and by counsel or any other person of his or her choosing may be present orally or in writing his or her complaint and contentions to the town official in charge of utility billing. This official shall be authorized to order that customer=s service not be discontinued and shall have the authority to make a final determination of the customer=s complaint.

(B) Requests for delays or waiver of payment will not be entertained; only questions of proper and correct billing will be considered. In the absence of payment of the bill rendered or resort to the hearing procedure provided herein, service will be discontinued at the time specified, but in no event until the charges have been due and unpaid for at least 30 days.

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(C) When it becomes necessary for the town to discontinue utility service to a customer for nonpayment of bills, service will be reinstated only after all bills for service then due have been paid, along with the turn-on charge in the sum of $20.(Ord. 70, passed 5-25-1959; Ord. passed 4-8-2019)

' 53.99 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to ' 10.99 of this code of ordinances.

(B) Any and all violations of ' 53.02 of this chapter shall be and hereby are deemed to be misdemeanors in each instance of violation and shall be punished by a fine of not less than $25, nor more than $100, or by imprisonment in the municipal jail or equivalent thereof for not more than 30 days or by both such fine and imprisonment.(Ord. 58, passed 2-18-1952)

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Sewers

TITLE VII: TRAFFIC CODE

Chapter

70. TRAFFIC AND PARKING

71. SCHEDULES

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119

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CHAPTER 70: TRAFFIC AND PARKING

Section

General Provisions

70.01 Vehicle operation generally70.02 Obedience to police, signs and signals70.03 Speed limits70.04 Exhibition driving70.05 Crossing over fire hoses70.06 Prohibited truck traffic

Street Parking and Snow Removal

70.20 Purpose70.21 Definitions70.22 Temporary snow fences70.23 Parking at night in the Business District70.24 Parking prohibited during snow removal alert70.25 Parking regulations during snow removal alert70.26 Duty of owner or occupant

70.99 Penalty

GENERAL PROVISIONS

' 70.01 VEHICLE OPERATION GENERALLY.

(A) The driver of any motor or other vehicle, in passing another approaching vehicle, shall pass to the right of such vehicle; in passing any such vehicle from the rear, shall pass to the left of such vehicle and shall not pull over to the right again until entirely clear of the vehicle so passed.

(B) The driver of any motor vehicle in the town, in turning to the right into any other street, shall turn the corner as near to the right-hand curb as possible and, in turning to the left into any street, shall pass to the right of and beyond the centerline of the street into which he or she is turning before making such turn.

(C) It shall be unlawful for any intoxicated person to drive any animal or vehicle, or motor vehicle, upon any public street or road within the town limits.

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(D) The driver of any motor vehicle in the town shall, when approaching a crossing over which pedestrians are then passing, or whenever necessary to avoid accidents, sound a signal in such a way as to give warning to other vehicles and to pedestrians of his or her approach.

(E) The driver of any motor vehicle shall park said motor vehicle or automobile with the right front wheel to the curb on Main Street when the same is standing still and not being driven, and it shall be unlawful to leave any other vehicle standing on any of the streets, alleys or public highways, so as to obstruct travel passing of vehicle on any such streets, alleys or public highways of the town.(Ord. 16, passed 1-12-1917; Ord. 17, passed 8-24-1925) Penalty, see ' 70.99

' 70.02 OBEDIENCE TO POLICE, SIGNS AND SIGNALS.

(A) Police to direct traffic. It shall be the duty of the Police Department of the town to enforce the provisions of this traffic code.

(B) Obedience to traffic signs and signals. It shall be unlawful for any person to disobey the instructions of any official sign or signal upon the streets, placed in accordance with the provisions of this traffic code, unless otherwise directed by a police officer; and, no provisions of this traffic code for which signs are required shall be enforceable against an alleged violator if, at the time and place of the alleged violation, the sign herein required is not in proper position and sufficiently legible to be seen by an ordinarily observant person.(Ord. 31, passed 2-13-1940) Penalty, see ' 70.99

' 70.03 SPEED LIMITS.

(A) It shall be unlawful for the driver of any vehicle to drive or propel the same at a speed exceeding 25 mph on any street, alley, public park or public grounds within the town, except 2nd Street which will be 15 mph one hour before school in the morning and continue until one hour after school in the afternoon.

(B) Any person operating a motor vehicle in the area designated as the Kennebec Housing Development in excess of ten mph shall be guilty of violating this division (B). This is the area immediately south of 2nd Avenue.(Ord. 31, passed 2-13-1940; Ord. 41, passed 5-16-1949; Ord. 95, passed 11-3-1969; Ord. 112, passed 10-6-1975; Ord. 121, passed 6-4-1979) Penalty, see ' 70.99

' 70.04 EXHIBITION DRIVING.

Any person who drives a vehicle (as defined by the traffic code of the town)

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within the limits of the town in such a manner as to cause or create unnecessary engine noise, tire squeal, skid or slide upon acceleration or stopping, simulate a temporary race, cause a vehicle to sway unnecessarily, or make abrupt and unnecessary short skidding turns and/or circles upon the public streets and alleys shall be guilty of exhibition driving.(Ord. 91, passed 7-24-1968) Penalty, see ' 70.99

' 70.05 CROSSING OVER FIRE HOSES.

It shall be unlawful for any person driving or operating a motor vehicle within the corporate limits of the town to cause such motor vehicle to be driven across any fire hose, which may rightfully be placed in the streets, alleys or highways of said town or so rightfully placed there by any employee of said town while in his or her proper line of employment.(Ord. 57, passed 1-18-1952) Penalty, see ' 70.99

' 70.06 PROHIBITED TRUCK TRAFFIC.

(A) Any person who drives a restricted truck, hereinafter defined, on streets prohibiting truck traffic, except for the purpose of making a delivery and then for one block only, shall be guilty of violating this section.

(B) For purposes of this section, a RESTRICTED TRUCK shall be defined as a motor truck which has one or more tandem axle.(Ord. 98, passed 7-5-1972) Penalty, see ' 70.99

STREET PARKING AND SNOW REMOVAL

' 70.20 PURPOSE.

The purpose of this subchapter is to establish a snow removal and parking policy for the town.(Ord. 199, passed 12-9-2013)

' 70.21 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

SNOW REMOVAL ALERT. Such times as there is snow accumulation on the

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public streets of two inches or more, or such times as the Board of Trustees declares that snow removal operations on the public streets will commence and that the provisions of this subchapter in regard to parking on public streets during snow removal operations are effective and will be enforced.

STREET. The entire width of any public roadway within the town and it shall not be limited to those roadways designated as a STREET, but includes avenues and all other names by which pubic roadways are designated, but does not include alleys.(Ord. 199, passed 12-9-2013)

' 70.22 TEMPORARY SNOW FENCES.

(A) No person shall erect, construct or maintain any temporary fence in the town which may cause or create accumulations of snow, ice or water on public streets and sidewalks or other private properties, which are greater than those accumulations that would occur without such fence without prior approval of the Board of Trustees.

(B) A full description of the location and construction of any temporary snow fence hereafter erected, constructed and maintained in the town shall be submitted to the Board of Trustees prior to erection and must comply with all other ordinances of the town.

(C) A TEMPORARY FENCE is defined as any fence or device attached to the ground and intended to be used for a limited period of time for the specific purpose of controlling or directing snow accumulation.(Ord. 199, passed 12-9-2013) Penalty, see ' 70.99

' 70.23 PARKING AT NIGHT IN THE BUSINESS DISTRICT.

It shall be unlawful for the driver or any owner of any motor vehicle, trailer or implement, to park or leave standing, or permit to be parked or left standing, any motor vehicle, trailer or implement on Main Avenue between 2nd Street and Railway Street, between the hours of 2:30 a.m. and 6:30 a.m. during a snow removal alert.(Ord. 199, passed 12-9-2013) Penalty, see ' 70.99

' 70.24 PARKING PROHIBITED DURING SNOW REMOVAL ALERT.

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It shall be unlawful for the driver or owner of any motor vehicle, trailer or implement to park or leave standing or permit to be parked or left standing any motor vehicle, trailer or implement on any street in the town during a snow removal alert. Parking may not be resumed until such streets have been cleaned of such snow from curb to curb. Vehicles may be parked on private property, with permission of the owner, or in alleys until the streets and avenues have been cleared and such vehicles parked in uncleared alleys shall be removed within 24 hours of the streets and avenues being cleared. The Board of Trustees may designate public property where vehicles may be parked during a snow removal alert.(Ord. 199, passed 12-9-2013) Penalty, see ' 70.99

' 70.25 PARKING REGULATIONS DURING SNOW REMOVAL ALERT.

(A) In the event of a snow removal alert, all public streets in the town are designated as emergency snow routes.

(B) In the event of a snow removal alert, it shall be unlawful to leave any vehicle parked following the start of removal, as determined by the Board of Trustees, in a manner which interferes with the town=s snow blading or removal operations.

(C) Any vehicle remaining on a town street following the start of the snow removal by city crews shall be ticketed and towed, as determined by the town.(Ord. 199, passed 12-9-2013) Penalty, see ' 70.99

' 70.26 DUTY OF OWNER OR OCCUPANT.

(A) Sidewalks shall be kept free and clear of snow and ice. It shall be the duty of the owner or occupant or person in possession or in charge of any lot, parcel or plat of ground fronting or abutting any sidewalk, to keep such sidewalk free and clear from snow within 24 hours following the fall of measurable snow. When it is impossible to clear snow and ice from a sidewalk because the material is frozen to the sidewalk, the owner, occupant or person in possession or in charge of such lot shall sprinkle or spread some suitable material upon the same to prevent the walk from remaining a slippery and dangerous surface.

(B) Snow shall not be moved onto public streets. Owners, occupants or their representatives are prohibited from removing snow from their parking lots and driveways unto public streets or onto another=s property without permission of the owner of the other property.(Ord. 199, passed 12-9-2013) Penalty, see ' 70.99

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' 70.99 PENALTY.

(A) Any person, or persons, violating any of the provisions of this traffic code shall, upon conviction thereof, be punished by a fine of not less than $5 and not exceeding $100, or by imprisonment in the town jail not exceeding 30 days, or both such fine and imprisonment.

(B) Any person or persons, firm or corporation violating any of the provisions of '' 70.02 and 70.03(A) of this chapter, or failing to comply with any of the provisions thereof, shall, upon conviction thereof, where no penalty or punishment is prescribed, be punished by a fine of not exceeding $500 or by imprisonment in the town jail or workhouse for a period of not exceeding six months, or by both such fine and imprisonment in the discretion of the court; provided that, in all cases where a fine is imposed, the court may, in the event the fine is not paid, commit the person or persons to the town jail or workhouse for a period of one day for each $2 of such fine.

(C) Upon conviction of a violation of ' 70.03(B) of this chapter, such person shall be punishable by a fine of $2 for each mile per hour the speed limit is exceeded, plus the fee levied by the state for the Officer=s Training Fund.

(D) Upon conviction of a violation of ' 70.04 of this chapter, such person shall be punished by either payment of a fine of not less than $25, nor more than $100, or a jail sentence not to exceed 30 days, or both fine and imprisonment.

(E) Any and all violations of ' 70.05 of this chapter shall be and hereby are deemed to be a misdemeanor in each instance of violation and shall be punishable by a fine or not more than $100 or by imprisonment in the municipal jail or equivalent thereof for not more than 30 days or by both such fine and imprisonment.

(F) Upon conviction of a violation of ' 70.06 of this chapter, such person shall be punished by either payment of a fine of not less than $25, nor more than $100, or a jail sentence not to exceed 30 days, or both fine and imprisonment.

(G) (1) Violators of the provisions of '' 70.20 through 70.26 of this chapter will be subject to a $25 fine. Any owner, lessee, occupant or person in charge who shall fail, neglect or refuse to remove snow and ice or strew the same with sand or other substances as directed in '' 70.20 through 70.26 of this chapter, or who shall violate any of the provisions of '' 70.20 through 70.26 of this chapter or who shall resist or obstruct city crews in the removal of snow and ice shall be subject to a fine of not more than $25, plus court costs and each day on which such violation continues shall constitute a separate offense.

(2) If the owner or person in possession or in charge of any such lot, parcel

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or plot of ground shall fail or refuse to remove the snow or ice from such sidewalk within 24 hours of the falling of snow or the forming of ice, the town or its representative may remove or cause to be removed such snow or ice. The town shall assess the cost of said snow and ice removal against the fronting or abutting property at the rate of $50 per hour which charge shall be in addition to the fine as provided in this division (G).

(3) If the owner, or person in possession of, or in charge of, any parcel or plot of ground shall remove snow from said parcel or plot unto a public street or stockpile snow on a public street, said owner, or person in possession of, or in charge of, shall be subject to a fine of not more than $25, plus any cost the town incurs in removing such snow and each day on which such violation continues shall constitute a separate offense.

(H) The penalty for a vehicle in violation of ' 70.25 of this chapter shall be $25, plus the cost of towing such vehicle at commercial rates.(Ord. 16, passed 1-12-1917; Ord. 31, passed 2-13-1940; Ord. 57, passed 1-18-1952; Ord. 91, passed 7-24-1968; Ord. 98, passed 7-5-1972; Ord. 121, passed 6-4-1979; Ord. 199, passed 12-9-2013)

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Traffic and Parking 128

CHAPTER 71: SCHEDULES

Schedule

I. Prohibited/restricted truck trafficII. Prohibited/restricted parking

SCHEDULE I. PROHIBITED/RESTRICTED TRUCK TRAFFIC.

Main Street, from its south end running north to the point where it intersects the railroad right-of-way, shall be designated a street prohibiting said truck traffic.(Ord. 98, passed 7-5-1972) Penalty, see ' 70.99

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Schedules 130

Schedules

SCHEDULE II. PROHIBITED/RESTRICTED PARKING.

(A) No person shall park any automobile, pickup, truck, van, bus, tractor, motorcycle, equipment, trailer or other vehicle or other mode of transportation on that specified portion of the following street located near the school in the town during the time hereafter specified: on the north side or edge of 2nd Street of the town, between 1st Avenue and East Avenue (also described as: on the north side or edge of 2nd Street along the south side or edge of Blocks 15 and 16 of Milwaukee Land Company=s Second Addition to the town) during the hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, inclusive, and during the dates school is in session during the regular school term, commencing on the date school commences in the fall and ending on the date school ends in the spring.

(B) Any person who violates division (A) above shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $200.(Ord. 157, passed 6-1-1998)

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Schedules

TITLE IX: GENERAL REGULATIONS

Chapter

90. HEALTH AND SANITATION; NUISANCES

91. ANIMALS

92. FIRE REGULATIONS; FIREWORKS

93. STREETS, ALLEYS AND PUBLIC GROUNDS

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132

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CHAPTER 90: HEALTH AND SANITATION; NUISANCES

Section

90.01 Definitions90.02 Prohibited behavior90.03 Nuisances enumerated90.04 Abatement

90.99 Penalty

' 90.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

NUISANCE. The unlawfully doing of an act, or omitting to perform a duty, which act or omission either:

(1) Annoys, injures or endangers the comfort, repose, health or safety of others;

(2) Offends decency;

(3) Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any lake or navigable river, bay, stream, canal or basin, or any public park, square, street or highway; or

(4) In any way renders other persons insecure in life or in the use of property.

PERSON. Any individual, association, partnership, cooperative , corporation, governmental agency or other legal entity.(Ord. 132, passed 8-23-1985)

' 90.02 PROHIBITED BEHAVIOR.

No person, within the municipal limits of the town, on premises or property owned, leased, occupied or controlled by said person, shall commit, create, maintain, nor allow the existence of any nuisance.(Ord. 132, passed 8-23-1985) Penalty, see ' 90.99

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' 90.03 NUISANCES ENUMERATED.

For purposes of this chapter, each and all of the following acts, conditions and situations are hereby specifically declared to be nuisances:

(A) Any well, abandoned basement, cistern or other dangerous excavation in the earth, kept, maintained or permitted in an uncovered, unprotected or otherwise dangerous or unsafe condition;

(B) Buildings which are unoccupied and open to ingress and egress and which are unlocked or otherwise unsecured from ingress or egress by persons without permission;

(C) Unpainted buildings in a dry, rotten or warped condition;

(D) Broken windows or glass in buildings or lying on property which constitute a hazardous condition;

(E) Overgrown vegetation causing detriment to neighboring properties= values;

(F) Nuisances dangerous to children in the form of:

(1) Abandoned and broken equipment;

(2) Hazardous pools, ponds and excavations;

(3) Neglected vehicles or machinery; or

(4) Abandoned refrigerators or freezers.

(G) Property including, but not limited to, building exteriors which are maintained in such condition as to become so defective, unsightly or in such condition of deterioration or disrepair that the same causes appreciable diminution of the property values of surrounding property or is materially detrimental to the value of proximal properties and improvements. This includes, but is not limited to, the keeping or disposing of or the scattering over the property or premises of any of the following:

(1) Piles of animal refuse or manure or dead animal carcasses;

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(2) Lumber, wood, firewood; provided that, such shall not be a nuisance if the same is neatly stacked and reasonable in amount considering the intended use;

(3) Junk, trash, debris or abandoned foundations;

(4) Abandoned, discarded or unused objects of equipment, furniture, stoves, refrigerators, freezers, cans or containers;

(5) Stagnant water or excavations; or

(6) Any device, decoration, design, fence, structure or vegetation which is unsightly by reason of its condition or its Ainappropriate location@.

(H) Any vehicle, equipment or machinery which is partially dismantled, or non-operating, wrecked or junked or abandoned; or any vehicle which does not display a current and valid license plate and tags in the event such vehicle is required to be licensed under state law; provided, however, that, this provision shall not apply in regard to a vehicle, equipment or machinery which is in an enclosed structure, nor to a vehicle, equipment or machinery which is located upon a business premises and is used in connection with a lawful business enterprise; provided, the premises are kept reasonably neat and clean in appearance;

(I) Any other thing or act or omission which is constituted under the laws of the state to be a nuisance;

(J) Permitting any horses, cattle, swine, sheep, goats or poultry to run at large within the municipal limits of the town;

(K) The keeping of any horses, cattle, swine, sheep, goats, poultry of every nature and description within the municipal limits of the town for a period longer than 24 hours;

(L) The keeping of any material, thing, object or substance which emits any foul, unhealthy, noxious or disagreeable smell or odor, in the neighborhood in which it exists;

(M) The keeping of any dog which barks, howls, chases or annoys animals, vehicles or persons, or which damages or destroys property;

(N) The keeping of any dog which has bitten, or attacked persons, off the premises of the owner; and

(O) The keeping of any dog which is dangerous, ferocious or accustomed to attack persons.

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(Ord. 132, passed 8-23-1985; Ord. 137, passed 7-5-1988; Ord. 156, passed 6-1-1998) Penalty, see ' 90.99

' 90.04 ABATEMENT.

Any nuisance may be abated or removed as follows: the town=s Board of Trustees, or the town=s Maintenance Superintendent, shall give notice to the person to remove or abate said nuisance forthwith, and, if such person neglects, fails or refuses to do so within ten days thereafter, or within such longer time as may be set forth in such notice, the Board of Trustees, by its authorized representative, may, without committing a breach of the peace, enter upon the property of the person and remove, destroy or otherwise abate said nuisance, and the said Board of Trustees may defray the cost of such abatement by taxing the cost thereof by special assessment against the real property on which the nuisance occurred or, in the alternative, may bring a civil action against the person to recover such cost. Furthermore, nothing herein contained shall prevent the Board of Trustees from bringing a civil action in a court of competent jurisdiction for the purpose of securing a court order authorizing such abatement and recovering the cost thereof.(Ord. 132, passed 8-23-1985)

' 90.99 PENALTY.

Any person who violates any provision of this chapter by failing or refusing or neglecting to remove, destroy or otherwise abate said nuisance within the prescribed time after receiving the notice to do so, as set forth in ' 90.04 of this chapter, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $100 per day for each day said person fails, refuses or neglects to destroy, remove or otherwise abate said nuisance. The penalty provided herein shall be in addition to the costs recoverable under ' 90.04 of this chapter, as any prosecution hereunder shall not prevent the enforcement of any civil right or remedy hereunder or under any other applicable law.(Ord. 132, passed 8-23-1985)

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CHAPTER 91: ANIMALS

Section

General Provisions

91.01 Livestock

Dogs and Cats

91.15 Definitions91.16 License and registration required91.17 Tag and collar91.18 Running at large prohibited91.19 Impounding91.20 Notice to owner and redemption91.21 Disposition of unclaimed or infected dogs and cats91.22 Emergency91.23 Rabies; vaccination

91.99 Penalty

GENERAL PROVISIONS

' 91.01 LIVESTOCK.

(A) Definition. The term LIVESTOCK shall mean any animal which is raised for normal agricultural purposes, including, but not exclusively, hogs, cattle, sheep, horses, chickens and similar domesticated animals.

(B) Livestock excluded within city limits. No person shall be permitted to keep livestock of any kind within town limits, except temporarily, meaning 48 consecutive hours or three or less 24-hour periods within any ten-day period, or in connection with the buying, selling or medical treating of livestock.

(C) Livestock premises. Whenever a person keeps livestock within town limits as provided in division (B) above, said person will maintain a premises for said livestock in a healthy manner, keeping the area sanitary by controlling noxious odors, flies and other pests. Said premises will be designed to keep the livestock from running at large.

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(D) Grandfather provision. Certain landowners have been allowed to maintain livestock on property owned within the town limits for many years. Such landowners and properties identified on the ordinance codified herein, as they existed on 1-1-2013, are not subject to division (B) above.

(E) Expiration of exemption.

(1) The exemption from division (B) above, as provided in division (D) above, terminates as to each property and owner set forth above upon the occurrence of any of the following:

(a) Transfer of ownership of said property, including change of the controlling manager of any limited liability company or distribution of any trust, but not including any transfer to a spouse;

(b) Subdividing any property, as said parcels existed on 1-1-2013; and

(c) Increasing the number or type of livestock located on said parcels on 1-1-2013 by 10% or more.

(2) The Board of Trustees may temporarily waive any of the provisions of this division (E) upon a showing of extreme hardship and the consent of all adjoining landowners within the town limits.(Ord. 195, passed - -) Penalty, see ' 91.99

DOGS AND CATS

' 91.15 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AT LARGE. Off the premises of the owner and not under the control of the owner or a member of his or her immediate family, either by leash, cord, chain or otherwise.

CAT. Both male and female cats or animals of cat kind.

DOG. Both male and female dogs or animals of dog kind.

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OWNER. Any person or persons, firm, association, keeper, bailee, corporation or other entity keeping or harboring a dog or cat.

POUNDMASTER. The town=s maintenance person or such other officials as may be designated from time to time by the Board of Trustees.(Ord. 188, passed 2-7-2011)

' 91.16 LICENSE AND REGISTRATION REQUIRED.

(A) All dogs and cats kept, harbored or maintained by their owners in the town shall be licensed and registered if over three months of age. Dog licenses and cat licenses shall be issued by the town=s Finance Officer upon payment of a license fee for each neutered male or spayed female, and an increased fee for each unneutered male and unspayed female, such fees to be determined from time to time by resolution of the Board of Trustees, which shall be on file in the town=s Finance Office. The owner shall state, at the time application is made for such license and upon such printed forms as the town=s Finance Officer may provide for such purpose, the owner=s name and address, and the name, breed, age, color, sex and other distinguishing characteristics of each dog or cat owned or kept by the owner, and that the dog or cat has no vicious propensities so far as known to the applicant, and present to the town=s Finance Officer a record by a licensed veterinarian that the dog or cat has been vaccinated for rabies as provided hereinafter in this subchapter. The owner must submit a renewal application within one year, and annually thereafter, from the month of the first license in the same manner as set forth above.

(B) The provisions of this section shall not be intended to apply to: dogs or cats whose owners are nonresidents temporarily within the town; dogs or cats brought into the town for the purpose of participating in any dog or cat show; seeing-eye dogs properly trained to assist blind persons when such dogs are actually being used by blind persons for the purpose of aiding them in going from place to place.(Ord. 188, passed 2-7-2011) Penalty, see ' 91.99

' 91.17 TAG AND COLLAR.

Upon payment of the license fee, the town=s Finance Officer shall issue to the owner a tag for each dog and cat so licensed. Every owner shall be required to provide each dog and cat with a collar to which the license tag must be affixed and shall see that the collar and tag are constantly worn. In case a dog or cat tag is lost or destroyed, a duplicate will be issued by the town=s Finance Officer upon presentation of a receipt showing the payment of the license fee for the current year and the payment of a fee for the actual cost of such duplication. Dog and cat tags shall not be transferable from one dog or cat to another and no refunds shall

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be made on any dog or cat license fee because of death of the dog or cat or the owner=s leaving the town before expiration of the license period. If the ownership of a licensed dog or cat is changed, the new owner shall report such changes to the town=s Finance Officer.(Ord. 188, passed 2-7-2011) Penalty, see ' 91.99

' 91.18 RUNNING AT LARGE PROHIBITED.

(A) It shall be unlawful to permit or suffer to run at large within the limits of the town any dog or cat, or other animal or for any person to keep or harbor a dog or cat or animal which is of a destructive habit or vicious disposition; or which is in the habit of, or which does destroy shrubbery, flowers, gardens and the like; or which is in the habit of digging into residents garbage, or which is in the habit of, in the case of a dog, barking at or in any manner annoying any person or persons, passing along or using the streets or sidewalks of the town; or which makes a nuisance of himself or herself in any manner; or which disturbs the peace and quiet of the town, after having been notified in writing that such dog, cat or other animal possess such habits.

(B) It shall be unlawful for any person to keep or harbor any dog which is dangerous, ferocious or accustomed to attack persons within the boundaries of the town. Every dog that is dangerous, ferocious or accustomed to attack persons is hereby declared a nuisance.(Ord. 188, passed 2-7-2011) Penalty, see ' 91.99

' 91.19 IMPOUNDING.

It shall be the duty of the town=s maintenance person or other designated person (identified as a poundmaster) to apprehend any dog or cat found running at large or otherwise in violation of the provisions of this subchapter, and to impound such dog or cat in the town pound or other suitable place. The poundmaster, upon receiving any dog or cat, shall make a complete registry, entering the breed, color and sex of such dog or cat and whether licensed. If the dog or cat is licensed, the poundmaster shall enter the name and address of the owner and the number of the license tag.(Ord. 188, passed 2-7-2011)

' 91.20 NOTICE TO OWNER AND REDEMPTION.

(A) After the impounding of any dog or cat, the poundmaster shall notify the owner of the dog or cat at the address as indicated by the license registration records of the town=s Finance Office. If the dog or cat is not licensed, written notice shall be posted at the town=s Finance Office, describing the dog or cat and

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the place and time of taking. The owner of any dog or cat so impounded may reclaim such dog or cat upon payment of the license fee, if unpaid, and all costs and charges incurred by the town for impounding and maintaining said dog or cat. Any impounded dog or cat shall not be released by the poundmaster to any person until such dog or cat has been vaccinated against rabies; provided, however, no dog or cat so impounded shall be vaccinated if the owner can present a certificate of a current vaccination.

(B) The following charges shall be paid to the Finance Officer before the impounded dog or cat is redeemed: for impounding any dog or cat, an impoundment fee as determined from time to time by resolution of the Board of Trustees, which shall be on file at the office of the town=s Finance Officer, and for vaccinating any dog or cat, the actual cost thereof. The known owner of a dog or cat that has been impounded must pay all costs incurred by the town in impounding such dog or cat, regardless of whether the impounded dog or cat is redeemed.

(C) If the owner of any dog or cat impounded under the provisions of this subchapter shall fail to redeem such dog or cat, after the impoundment period, any other person may, upon complying with the provisions of this section, redeem such dog or cat from the poundmaster and be the lawful owner thereof.(Ord. 188, passed 2-7-2011)

' 91.21 DISPOSITION OF UNCLAIMED OR INFECTED DOGS AND CATS.

It shall be the duty of the poundmaster to keep all dogs and cats so impounded for a period of five days. If, at the expiration of five days from the date of notice to the owner or the posting of notice, such dog or cat shall not have been redeemed, it may be destroyed. Any unlicensed dog or cat required by law to be licensed, or any dog or cat which appears to be suffering from rabies or affected with hydrophobia, mange or other infectious or dangerous disease shall not be released, but may be forthwith destroyed.(Ord. 188, passed 2-7-2011)

' 91.22 EMERGENCY.

Whenever it becomes necessary to safeguard the public from the dangers of rabies, the President of the Board of Trustees, if deemed necessary, shall issue a proclamation ordering every person owning or keeping a dog or cat to confine it securely on his or her premises. Any dog or cat running at large during the time of the proclamation shall be seized and impounded, unless noticeably infected with rabies. All dogs and cats so noticeably infected with rabies and displaying vicious propensities shall be killed by the poundmaster without notice to the owner. Dogs and cats impounded during the first two days of such proclamation shall, if

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claimed within five days, be released to the owner, unless infected with rabies, upon payment of the impounding charges provided for in this chapter. If unclaimed after that period, such dog or cat may be summarily destroyed.(Ord. 188, passed 2-7-2011)

' 91.23 RABIES; VACCINATION.

(A) (1) If a dog or cat is believed to have rabies or has been bitten by a dog or cat or any other animal suspected of having rabies, such dog or cat shall be confined by a leash or chain on the owners premises and shall be placed under the observation of a licensed veterinarian at the expense of the owner for a period of two weeks. The owner shall notify the poundmaster of the fact that his or her dog or cat has been exposed to rabies and, at his or her discretion, the poundmaster is empowered to have the dog or cat removed from the owner=s premises to a veterinary hospital and there placed under observation for a period of two weeks at the expense of the owner.

(2) It shall be unlawful for any person knowing or suspecting a dog or cat has rabies to allow such dog or cat to be taken off his or her premises or beyond the limits of the town without the written permission of the poundmaster. Every owner, or other person, upon ascertaining a dog or cat is rabid shall immediately notify the poundmaster who shall either remove the dog or cat to the pound or summarily destroy it.

(B) It shall be unlawful for the owner of any dog or cat to keep or maintain such dog or cat unless it shall have been vaccinated by a licensed veterinarian with anti-rabies vaccine, within one year preceding the date on which such dog or cat is kept or maintained.(Ord. 188, passed 2-7-2011) Penalty, see ' 91.99

' 91.99 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to ' 10.99 of this code of ordinances.

(B) Any person found to be in violation of ' 91.01 of this chapter shall, upon conviction thereof, pay a penalty in the amount of $100 per day for each day of such violation.

(C) Any owner found violating any provision of '' 91.15 through 91.23 of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $100.(Ord. 188, passed 2-7-2011; Ord. 195, passed - -)

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CHAPTER 92: FIRE REGULATIONS; FIREWORKS

Section

92.01 Fire Zone; limits92.02 Fireworks

92.99 Penalty

' 92.01 FIRE ZONE; LIMITS.

(A) All that part of the town, bounded as herein stated, shall and the same is hereby declared and ordained to be the fire limits of the town: all of Blocks Three, Four, Five, Ten and Eleven of the Original Town of Kennebec, Lyman County, South Dakota, as the same is named and designated on the recorded plat thereof, together with all streets, alleys and other public grounds within and adjacent to said blocks.

(B) It shall be unlawful for any person, or persons, to burn or permit to be burned any waste paper, boxes, shavings, straw, hay or other combustible substances upon the premises, streets or alleys within the fire limits of the town, unless the same shall first be deposited in some secure iron receptacle so as to prevent sparks from escaping, and burned therein.

(C) All chimneys and flues hereafter built in the town shall be constructed of brick of a quality approved by the Board of Trustees, and shall be not less than four inches thick, and the inside thereof shall be entirely covered with good mortar or cement and, where such chimney or flue shall pass through the ridge of the roof, it shall project not less than two and one-half feet above the ridge of the roof and, where such flue or chimney shall pass through the slope of the roof, it shall project not less than three feet from the roof of the buildings in which the same is built, measuring from the top of the chimney to the nearest part of the roof, with opening for stove pipe not less than 12 inches from the ceiling.

(D) It shall be unlawful within the fire limits of the town for any person or occupant of any building to pass any stove pipe or thimble through any ceiling or floor to an upper room. Where pipes pass through side walls there shall be securely placed around such stove pipe a thimble made of iron or tin with not less than two inches of air space between the flue and the wood in the partition.

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(E) It shall be unlawful for any person to stack any hay, straw or other combustible material within 300 feet of any building without a written permit from the Board of Trustees.

(F) In addition to the regulations set out herein, it shall be unlawful to permit vegetation of any kind within the fire limits that will, in any way, endanger or serve as a fire trap, and all vegetation and rubbish within the town limits must be promptly removed from the fire limits upon oral or written notice from the Town Marshal, Fire Warden, Town Attorney or any member of the Board of Trustees of the town.

(G) It shall be unlawful for any person, or persons, firm or corporation, to erect ice houses or put up ice in any ice house within the fire limits of the town, except where such ice houses may it to a vacated street or alley on which there is no travel; and, provided further that, there is a good and sufficient drainage from such ice houses; and, provided further that, in no case shall ice houses be built or put up within the fire limits of the town without first procuring written consent from the Board of Trustees.

(H) It shall be unlawful to erect any wood buildings abutting Main Street in the fire limits of the town and all buildings hereinafter built on Main Street in the fire limits must be of brick, cement, stone or other non-combustible material, and the plans and specifications must be submitted and approved by the Board of Trustees before such building can be commenced or built.(Ord. 16, passed 1-12-1917; Ord. 48, passed 12-4-1950) Penalty, see ' 92.99

' 92.02 FIREWORKS.

It shall be unlawful for any individual, firm, partnership or corporation to sell at retail, possess for sale at retail, use, discharge or cause to be discharged any pyrotechnics, commonly known as Afireworks@, or any description whatsoever, except those hereinafter enumerated and designated as safe and sane fireworks; that is, sparklers, Vesuvious fountains, spray fountains, torches, color fire cones, star and comet type color aerial shells, without explosive charge for the purpose of making a noise, Roman candles, rockets, star mines, color wheels, Chinese-made softshell fire crackers, not exceeding one and five-eighths inches in length and one-fourth inch outside diameter, cap pistols and toy caps where the caps used therein do not contain more than thirty-five hundredths grain of explosive materials in each cap. The use or discharge of fireworks or pyrotechnics at any time whatsoever, within the town or in any area under the jurisdiction of the town, is hereby totally prohibited.(Ord. 29, passed 7-12-1938; Ord. 52, passed 10-9-1951; Ord. 53, passed 10-9-1951; Ord. 80, passed 6-25-1963) Penalty, see ' 92.99

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' 92.99 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to ' 10.99 of this code of ordinances.

(B) Any person, or persons, violating any of the provisions of ' 92.01 of this chapter shall, upon conviction thereof, be punished by a fine of not less than $5 and not exceeding $100, or by imprisonment in the town jail not exceeding 30 days, or both such fine and imprisonment.

(C) Any person or firm, partnership or corporation that violates any of the provisions of ' 92.02 of this chapter shall be guilty of a misdemeanor and, upon the conviction thereof, shall be fined up to $100 and imprisoned for a period of not to exceed 30 days.(Ord. 16, passed 1-12-1917; Ord. 29, passed 7-12-1938; Ord. 52, passed 10-9-1951; Ord. 53, passed 10-9-1951; Ord. 80, passed 6-25-1963)

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Fire Regulations; Fireworks 147

CHAPTER 93: STREETS, ALLEYS AND PUBLIC GROUNDS

Section

93.01 Objects in street; removal93.02 Signs in street; exceptions93.03 Obstruction of sidewalk93.04 Building materials in street93.05 Excavation near street93.06 Playing ball in the street93.07 Moving building93.08 Heavy vehicles on crosswalks93.09 Removal of ice and snow from sidewalks93.10 Throwing rubbish into streets93.11 Sidewalks and crossings

93.99 Penalty

' 93.01 OBJECTS IN STREET; REMOVAL.

(A) No person shall place, leave or sweep in any street, road, alley, sidewalk or other public ground in the town any wagon, dray, cart, sleigh or other vehicle, except when the same shall be in actual use; nor shall any person place, leave or sweep on any street, road, alley, sidewalk or other public ground in the town any other article, substance or material which may obstruct the free use if such street, road, alley, sidewalk or other public ground, except as hereinafter provided.

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(B) Whenever any article, substance or material whatever is found lying or remaining upon any street, alley, road, sidewalk or other public ground in the town in violation of division (A) above, it shall be the duty of the Town Marshal, or a police officer, to forthwith notify orally, or require by written notice, the person who placed or caused, or permitted to be placed or left such article, substance or material upon such street, alley, road, sidewalk and other public ground, or who may be the owner or have control of such article, substance or material, to immediately remove the same, and if such person shall fail or neglect to remove the same within a reasonable time after such verbal or written notice, it shall be the duty of the Town Marshal to remove or cause the same to be removed at the expense of such person, or persons, to be recovered in a civil action to be prosecuted by the town against such person or persons. Any member of the Board of Town Trustees or the Town Attorney may give such notice as herein mentioned, and it shall have and be of the same effect and force as if made by the Town Marshal.(Ord. 16, passed 1-12-1917) Penalty, see ' 93.99

' 93.02 SIGNS IN STREET; EXCEPTIONS.

(A) No owner or occupant of any store or other building shall fix, put up or erect, or suffer to remain fixed, put up or hung or erected any sign, showbill, show case, canvas or any other thing projecting from such building, or hang over the sidewalk more than three feet, but that this section shall not be construed to forbid any person from maintaining an awning in front of his or her place of business, which is at least seven feet from the sidewalk; provided that, a sign no less than ten feet above the sidewalk may be supported by a good substantial post at the outer edge of the sidewalk by permission from the Board of Trustees.

(B) (1) It shall be lawful, notwithstanding any thing hereintofore contained to the contrary, for any person to place, hang or set out in a safe manner wares or merchandise, on or over the sidewalk in front of and not farther than three feet from the building occupied by himself, herself or his or her employer.

(2) It shall also be lawful for any person to place and leave for a period not exceeding five hours on three feet of the outer edge of the sidewalk adjacent to the building occupied by him or her, merchandise which he or she shall be in the act of receiving.

(3) It shall also be lawful, by first securing permission from the town=s Board of Trustees, to install gasoline stands with an underground supply, tank on sidewalks, as auto filling stations and retailing of gasoline. But, this section shall not apply to any sidewalks less than ten feet in width.(Ord. 16, passed 1-12-1917) Penalty, see ' 93.99

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' 93.03 OBSTRUCTION OF SIDEWALK.

No person shall place, push, draw or back any wagon, cart or other vehicle on any sidewalk in the town, or use, drive or leave any horse or other animal, wagon, sled or other vehicle thereon unless it be in crossing the same to go into an alley or upon a lot where no other crossing or other means of access is provided.(Ord. 16, passed 1-12-1917) Penalty, see ' 93.99

' 93.04 BUILDING MATERIALS IN STREET.

The Board of Trustees of the town are authorized to grant written permission for time therein limited, and in no case to exceed three consecutive months, to any person to place and keep building materials in any street adjacent to the let whereon such materials is about to be used in the construction and repair of any building or other improvement, but such permit shall not authorize the obstruction with any such building material or otherwise of more than half of the sidewalk in width, or of more than one-third of the carriage way or street adjacent to such lot, nor shall such building material be so placed as to obstruct the flow of water along the gutters; provided that, every person to whom such permit may be granted in accordance herewith shall cause all materials placed in any street, alley, sidewalk or public ground to be removed before the expiration of such permit; and, provided further, any person keeping such materials in any street, alley or other public ground under such permit shall during every night that any of same shall remain keep the lanterns lighted and so placed that such materials can be easily seen by any person or animals passing along such street, alley or sidewalk.(Ord. 16, passed 1-12-1917) Penalty, see ' 93.99

' 93.05 EXCAVATION NEAR STREET.

It shall be unlawful for a person to make, or cause to be made, an excavation on any lot or parcel land adjacent to any street, alley or traveled path, or roadway in the town, unless the same be securely guarded by a railing at least three feet high and so tight that no child can fall through it, to prevent injury to any person passing along such street, alley or traveled path or highway.(Ord. 16, passed 1-12-1917) Penalty, see ' 93.99

' 93.06 PLAYING BALL IN THE STREET.

No person shall, on any street, alley, sidewalk or other public ground in the town, play ball or throw or toss a ball.(Ord. 16, passed 1-12-1917) Penalty, see ' 93.99

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' 93.07 MOVING BUILDING.

No person shall, without first having obtained written consent of the Board of Trustees, move any building on any street, alley or other public ground in the town.(Ord. 16, passed 1-12-1917) Penalty, see ' 93.99

' 93.08 HEAVY VEHICLES ON CROSSWALKS.

No person shall, with a threshing machine, engine, circus wagon or other vehicle exceeding 7,000 pounds in weight, cross any sidewalk or cross a walk in the town without having first properly and securely planked such crosswalk or crossing, if such crossing is made of wood or cement.(Ord. 16, passed 1-12-1917) Penalty, see ' 93.99

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Streets, Alleys and Public Grounds

' 93.09 REMOVAL OF ICE AND SNOW FROM SIDEWALKS.

The occupant or owner of any premises in the town adjacent to any sidewalk shall, within 15 hours of the fall of snow or formation of ice on such sidewalks, remove said snow and ice from so much of such sidewalk as adjoins his or her premises.(Ord. 16, passed 1-12-1917) Penalty, see ' 93.99

' 93.10 THROWING RUBBISH INTO STREETS.

It shall be unlawful for any person to throw any rubbish, glass, straw, rags or ashes from any street, alley, sidewalk or other public ground, or upon any vacant lot or allow any rubbish, filth or manure to accumulate upon any street, alley or upon any vacant lot.(Ord. 16, passed 1-12-1917) Penalty, see ' 93.99

' 93.11 SIDEWALKS AND CROSSINGS.

All sidewalks and crossings hereinafter built in the town must be of cement of usual quality and built in the usual way. Said walks shall be ten feet wide on Main Street and four feet wide on side streets and, except on Main Street, shall be built two feet out from the lot line; all walks to be built on grade.(Ord. 16, passed 1-12-1917) Penalty, see ' 93.99

' 93.99 PENALTY.

Any person, or persons, violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine of not less than $5 and not exceeding $100, or by imprisonment in the town jail not exceeding 30 days, or both such fine and imprisonment.(Ord. 16, passed 1-12-1917)

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152

Streets, Alleys and Public Grounds

TITLE XI: BUSINESS REGULATIONS

Chapter

110. LICENSING AND REGULATIONS

153

153

154

CHAPTER 110: LICENSING AND REGULATIONS

Section

110.01Garbage haulers110.02Saloons; alcoholic beverages110.03Dance halls110.04Pool and billiard halls110.05Draymen, expressmen and watermen110.06Circuses110.07Peddlers or hawkers110.08Payment of license fees

110.99Penalty

' 110.01 GARBAGE HAULERS.

The license fee for each vehicle used within the town for hauling garbage, pursuant to Ch. 50 of this code of ordinances, shall be $35 per vehicle.(Res. 100-1, passed 1-3-2000)

' 110.02 SALOONS; ALCOHOLIC BEVERAGES.

(A) There shall be paid annually into the treasury of the town, quarterly in advance on July 1, October 1, January 1 and April 1, $100 for each quarter upon the selling or offering for sale of any spiritous, vinous, malt, brewed, fermented and any other intoxicating liquors, at retail or any mixture or compound, except proprietary patent medicine which, in part, consists of intoxicating liquors to be drunk in or about the premises where sold, within the corporate limits of the said town, a license of $400. No person, firm or corporation shall, directly or indirectly, in person or by another, engage in the business mentioned herein in the town until his or her application has first been approved by the Board of Trustees of the town, and until he, she or they shall pay to the Treasurer of the town the license fee as provided in herein.

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(B) (1) All dram shops, saloons, bars, in all public restaurants and hotel, and all other places, where malt, spiritous or vinous liquors are kept for sale (except drug stores shall close and keep closed on the first day of the week, commonly known as Sunday) shall be kept closed during the hours from 11:00 p.m. to 5:00 p.m. of every other day of the week.

(2) Off-sale liquor license holders may sell wine, liquor and malt beverages between the hours of 7:00 a.m. and 12:00 a.m. on Sunday.

(C) (1) All business establishments within the corporate limit of the town which hold on-sale beer licenses shall provide adequate indoor toilet facilities for its customers and patrons.

(2) Such indoor toilet facilities must be provided within the confines of the building in which the on-sale beer is sold or must be so properly attached to said building to become a part thereof, and the entrance to said toilet shall be from the inside of said establishment only, and no outside entrance shall be provided. The toilet rooms shall be separate and apart from the rooms where the sale or consumption of said beer is conducted and shall be kept in a clean land sanitary condition at all times. Any business establishment now holding such an on-sale beer license shall provide such inside toilet or facilities prior to the time of the next renewal of their license and, upon the failure to comply with this division (C), such license will be refused by the governing body of the town.

(3) All subsequent applicants for such a license, either new or renewal, must comply with or satisfy this division (C) before a license shall be issued by the governing body of the town.(Ord. 1, passed 12-16-1909; Ord. 2, passed 12-16-1909; Ord. 56, passed 11-13-1951; Ord. 142, passed 7-10-1989) Penalty, see ' 110.99

' 110.03 DANCE HALLS.

(A) It shall be unlawful for any person or persons to conduct, operate or maintain a public dance hall within the corporate limits of the town or within one mile of such corporate limits, without first having obtained a license from the Town Clerk.

(B) A PUBLIC DANCE HALL shall be construed to mean any room, place or space open to public patronage in which dancing wherein the public may participate is carried on and to which an admission is charged in the form of a fee or price for dancing.

(C) The license for the conducting, operating or maintaining such dance hall may be granted for a period not exceeding one year and the fee thereof shall not be less than $1 for each and every day or night such dance hall is operated.

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(D) The Board of Trustees of said town shall have the right to supervise said dances and such dance hall and that nothing at such dances shall be permitted which is forbidden by the laws of the state.(Ord. 26, passed 12-13-1930)

' 110.04 POOL AND BILLIARD HALLS.

(A) All pool and billiard rooms licensed under any ordinance and by law of the incorporated town shall be kept closed between the hours of 11:00 p.m. and 5:00 a.m. of each day and shall be kept closed at all time upon the first day of the week, commonly called ASunday@.

(B) No minor shall be allowed to play pool or billiards in or to remain inside of any pool or billiards room licensed under any ordinance or by laws of the incorporated town unless accompanied by the parent or guardian of such minor and shall not then be permitted to handle the cues or balls used in playing such games; provided that, boys about the age of 18 years may be allowed to remain within to play games in such pool and billiard hall or room unless such proprietor or keeper of said shall on room shall have been notified in writing by the parent or guardian or next of kin of such boy to not allow him or her so to do; provided further that, boys above the age of 16 years may be allowed to remain in and play the games of pool and billiards or room upon the written consent or request of either parent or guardian unless a written protest against it shall have been or shall be thereafter filed with the proprietor or keeper of such pool or billiard hall or room by either parent or guardian forbidding him or her so to do.

(C) Billiard and other table keepers for hire or profit shall pay a license fee of $10 per table per year, and no license shall be granted for a period of less than one year.(Ord. 7, passed 12-16-1909; Ord. 16, passed 1-12-1917) Penalty, see ' 110.99

' 110.05 DRAYMEN, EXPRESSMEN AND WATERMEN.

Any drayman, expressman and waterman shall pay, yearly: for each vehicle drawn by one horse or animal, the sum of $5; and, for each vehicle drawn by two horses or animals, the sum of $10 per year.(Ord. 16, passed 1-12-1917)

' 110.06 CIRCUSES.

A license fee of $25 per day shall be required for circuses and menageries; and, other tent shows shall be required to pay a license fee of $10 per day.

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(Ord. 16, passed 1-12-1917)

' 110.07 PEDDLERS OR HAWKERS.

Peddlers or hawkers, whether selling from house to house or upon the street and public places, shall pay a license fee of $10 per day; provided that, this section shall not apply to persons selling farm products or articles of their own raising or manufacture within the state.(Ord. 16, passed 1-12-1917)

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Licensing and Regulations

' 110.08 PAYMENT OF LICENSE FEES.

Any person desiring to obtain a license under this chapter shall pay to the Town Treasurer the amount required and the Town Treasurer shall give to such person a receipt therefor stating the kind of license applied for and for what time and, upon presentation of such receipt to the Town Clerk, the Town Clerk shall issue to the applicant the license asked for. The license year shall commence on January 1 of each year.(Ord. 16, passed 1-12-1917)

' 110.99 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to ' 10.99 of this code of ordinances.

(B) Any proprietor or keeper of a pool or billiard hall or room who shall violate any of the provisions of ' 110.04 of this chapter shall be punished, upon conviction of same, by a fine not exceeding $50.

(C) Any person violating any of the provisions of '' 110.05 through 110.08 of this chapter shall, upon conviction thereof, be punished by a fine of not less than $10 and not exceeding the sum of $50.(Ord. 7, passed 12-16-1909; Ord. 16, passed 1-12-1917)

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159

Licensing and Regulations

TITLE XIII: GENERAL OFFENSES

Chapter

130. GENERAL OFFENSES

160

160

161

CHAPTER 130: GENERAL OFFENSES

Section

130.01Discharging firearms and fireworks130.02Drunkenness130.03Profane and disorderly language130.04Making disturbances130.05Bawdy houses130.06Indecent exposure of person130.07Obscene or immoral publications130.08Bathing in nude state130.09Stallions130.10Gambling; gambling houses130.11Swindlers130.12Vagrants130.13Fire Department property130.14Labor of prisoners130.15Cruelty to animals130.16Hydrants130.17Glass containers on athletic fields130.18Falsely, fraudulently obtaining food, lodging or other accommodations

130.99PenaltyCross-reference:

Alcoholic beverages, see ' 111.02Animals as nuisances, see ' 91.18Nuisances, see Ch. 90

' 130.01 DISCHARGING FIREARMS AND FIREWORKS.

It shall be unlawful for any person to discharge any firearms within the corporate limits of the town or shoot off any fireworks or fire or throw any torpedoes or fire balls within the limits of the town.(Ord. 16, passed 1-12-1917) Penalty, see ' 130.99

' 130.02 DRUNKENNESS.

Any person who shall, in the town, be found drunk or intoxicated in any public place shall, upon conviction thereof, be punished as hereinafter provided.(Ord. 16, passed 1-12-1917) Penalty, see ' 130.99

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' 130.03 PROFANE AND DISORDERLY LANGUAGE.

No person shall, in the town, curse, swear, quarrel or use any violent or threatening language or make any great noise so as to disturb the peace of any person or neighborhood.(Ord. 16, passed 1-12-1917) Penalty, see ' 130.99

' 130.04 MAKING DISTURBANCES.

It shall be unlawful for any person in the town to disturb the peace or disturb any lawful assembly of persons or of any neighborhood or to injure public or private property.(Ord. 16, passed 1-12-1917) Penalty, see ' 130.99

' 130.05 BAWDY HOUSES.

It shall be unlawful for any person or persons, within the town, or within one mile of the outer boundaries of the same, to keep or maintain a bawdy house, house of ill fame or assignation, or to entice, or attempt to entice, any person into a house of prostitution or assignation.(Ord. 16, passed 1-12-1917) Penalty, see ' 130.99

' 130.06 INDECENT EXPOSURE OF PERSON.

It shall be unlawful for any person in the town to make an indecent exposure of his or her person.(Ord. 16, passed 1-12-1917) Penalty, see ' 130.99

' 130.07 OBSCENE OR IMMORAL PUBLICATIONS.

It shall be unlawful for any person within the town limits to exhibit any obscene or immoral publication, newspaper, print, picture or illustration or to sell or offer the same for sale.(Ord. 16, passed 1-12-1917) Penalty, see ' 130.99

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' 130.08 BATHING IN NUDE STATE.

It shall be unlawful for any person to bathe in a nude state in any waters within the town limits.(Ord. 16, passed 1-12-1917) Penalty, see ' 130.99

' 130.09 STALLIONS.

It shall be unlawful for any person to indecently exhibit any stallion, jack, mare, jinie or any sect of this nature other than in some enclosed place so that it is out of sight of the public view.(Ord. 16, passed 1-12-1917) Penalty, see ' 130.99

' 130.10 GAMBLING; GAMBLING HOUSES.

(A) It shall be unlawful for any person to keep, own or conduct a house, tent, building or other place where gambling with cards, dice or other implements is carried on or where Roulette, Faro, Keno or any other game of chance is carried on or practiced or allowed to be practiced.

(B) It shall be unlawful for any person in the town to gamble for money or other valuables at playing cards, dice or in any other manner or betting at Roulette, Faro, Keno or any other game of chance.(Ord. 16, passed 1-12-1917) Penalty, see ' 130.99

' 130.11 SWINDLERS.

It shall be unlawful for any person to indulge in the practice of raffling, ball playing or any other game where trickery may be found, with intent to cheat or trick any of his or her victims.(Ord. 16, passed 1-12-1917) Penalty, see ' 130.99

' 130.12 VAGRANTS.

Vagrancy is hereby prohibited in the town. All idle and suspicious persons, who, not having visible means, maintain themselves and live without employment, all persons who shall found loitering about the streets, or who shall follow no labor, trade, occupation or business, and have no visible means, of support, and can give no reasonable account of themselves or their business, all persons wandering abroad, lodging in beer saloons, out-houses, sheds, barns, railroad cars or the open air, not able to give a good account of themselves, all lewd, wanton or lascivious persons in speech or behavior, all persons who go from

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door to door or place themselves in any street or alley or other public place to beg or receive alms, shall be deemed vagrants.(Ord. 16, passed 1-12-1917) Penalty, see ' 130.99

' 130.13 FIRE DEPARTMENT PROPERTY.

It shall be unlawful for any person to remove, use or carry away from the engine house, without the permission from the Chief or other proper officer of the Fire Department, any property or apparatus whatsoever belonging to the Fire Department.(Ord. 16, passed 1-12-1917) Penalty, see ' 130.99

' 130.14 LABOR OF PRISONERS.

Upon the conviction of any person for violating any of the town ordinances, and who by such punishment is imprisoned therefor, the court, by whom such fine and imprisonment imposed, shall order such prisoner to be committed to the town jail until such fine and costs shall be paid, and any person so committed may be required to work for the town upon the streets or such other labor as his or her strength may permit, not to exceed ten hours per day, such person to be allowed $3 per day for such labor and the same must be applied on such fine and costs.(Ord. 16, passed 1-12-1917) Penalty, see ' 130.99

' 130.15 CRUELTY TO ANIMALS.

It shall be unlawful to cruelly or wrongfully beat, abuse or subject to abusive treatment or injure any horse, mule, cow or any other dumb animal in the town.(Ord. 16, passed 1-12-1917) Penalty, see ' 130.99

' 130.16 HYDRANTS.

It shall be unlawful for any person to take water from any hydrant or main or other receptacle within the town without first securing permission from the propel officials in charge of same or permit the same to be done.(Ord. 16, passed 1-12-1917) Penalty, see ' 130.99

' 130.17 GLASS CONTAINERS ON ATHLETIC FIELDS.

(A) Any person who shall knowingly possess a glass container, including, but not limited to, glass bottles or cause a glass container to be located within the town limits of the town, which is described as: Quillin=s Outlot 1, being a part of

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the SE1/4 NW1/4 and also a part of the SW1/4 NE1/4 in Section 17, Township 105 North, Range 75 West, of the 5th P.M., Lyman County, South Dakota, and which property is commonly known as the AKennebec Athletic Field@, shall be deemed guilty of a violation and punished by a fine set out in ' 130.99 of this chapter.

(B) As it is essential that immediate action be taken to prevent the further breakage of glass containers on said athletic field, inasmuch as such broken glass constitutes an immediate and severe danger to the health, safety and well-being of anyone using such field, the Board of Trustees hereby determines and declares that an emergency does exist and, therefore, this section is hereby determined and declared to be for the immediate preservation of the public peace, health and safety and for the support of the municipal government and its existing public institutions.(Ord. 125, passed 8-14-1980)

' 130.18 FALSELY, FRAUDULENTLY OBTAINING FOOD, LODGING OR OTHER ACCOMMODATIONS.

(A) Any person who shall obtain food, lodging or other accommodations at any hotel, motel, inn, campground, café or boarding or eating house located within the corporate limits of the town, with intent to defraud the owner or keeper thereof shall be punished as set out in ' 130.99 of this chapter.

(B) Proof that food, lodging or other accommodations was obtained by false pretense, or by false or fictitious show or presence of baggage, or that the accused person surreptitiously removed or attempted to remove his or her baggage, shall be presumptive evidence of the fraudulent intent required by division (A) above unless there has been an agreement for delay in payment.(Ord. 116, passed 7-5-1977) Penalty, see ' 130.99

' 130.99 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to ' 10.99 of this code of ordinances.

(B) Any person, or persons, violating any of the provisions of '' 130.01 through 130.16 of this chapter shall, upon conviction thereof, be punished by a fine of not less than $5 and not exceeding $100, or by imprisonment in the town jail not exceeding 30 days, or by both such fine and imprisonment.

(C) Any person who shall knowingly violate ' 130.17 of this chapter shall be deemed guilty of a misdemeanor and punished by a fine not exceeding $100.

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(D) Any person violating ' 130.18 of this chapter shall be deemed guilty of a misdemeanor and punished by a fine not exceeding $100 or by imprisonment in the town jail not exceeding 30 days, or by both such fine and imprisonment.(Ord. 16, passed 1-12-1917; Ord. 116, passed 7-5-1977; Ord. 125, passed 8-14-1980)

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General Offenses

TITLE XV: LAND USAGE

Chapter

150. BUILDING REGULATIONS; CONSTRUCTION

151. MANUFACTURED AND MOBILE HOMES

152. FLOODPLAIN MANAGEMENT

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168

169

CHAPTER 150: BUILDING REGULATIONS; CONSTRUCTION

Section

150.01Building maintenance150.02Demolishing or moving buildings or mobile homes

150.99Penalty

' 150.01 BUILDING MAINTENANCE.

Certain completed codes, of which copies are on file at the city=s Finance Office of the town, being marked and designated as the AInternational Property Maintenance Code, 2006 Edition@, published by the International Code Council, Inc., is hereby adopted as the Building Maintenance Code for the town.(Ord. 93, passed 12-4-1968; Ord. 184, passed 9-2-2009)

' 150.02 DEMOLISHING OR MOVING BUILDINGS OR MOBILE HOMES.

Any person or business who willingly erects, remodels, removes or demolishes a building or parks or moves a mobile home within the limits of the town without first applying for and receiving a permit from the town=s Board of Trustees shall be deemed guilty of a misdemeanor in violation of this section.(Ord. 134, passed 4-20-1987) Penalty, see ' 150.99

' 150.99 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to ' 10.99 of this code of ordinances.

(B) Penalties under ' 150.02 of this chapter shall include the immediate stoppage of any construction, remodeling, removal or demolition of any building; or parking or removal of a mobile home. The person must make immediate application to the Board of Trustees for a permit and a special meeting will be called. Any person in violation of ' 150.02 of this chapter shall be subject to a fine of not more than $100, plus the fee for the permit, plus the costs of calling said special meeting.(Ord. 134, passed 4-20-1987)

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Building Regulations; Construction 171

CHAPTER 151: MANUFACTURED AND MOBILE HOMES

Section

151.01Definition151.02Mobile homes on single lots

151.99Penalty

' 151.01 DEFINITION.

MANUFACTURED OR MOBILE HOME means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or which when erected on-site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating and electrical systems contained in the structure. The term does not include any self-propelled recreational vehicle. Calculations used to determine the number of square feet in a structure will include the total of square feet for each transportable section comprising the completed structure, and will be based on the structure=s exterior dimensions measured at the largest horizontal projections when erected on site. These dimensions will include all expandable rooms, cabinets and other projections containing interior space, but do not include bay windows.(Ord. 2015-202, passed 9-7-2015)

' 151.02 MOBILE HOMES ON SINGLE LOTS.

(A) Any mobile home erected on a lot and occupied as a residence on the effective date of this chapter is exempt from the provisions of this chapter, except as noted herein.

(B) A mobile home on a single lot may be permitted after a public hearing for use on review if it meets the following requirements.

(1) The mobile home shall be on a lot, which meets the minimum size requirements of not less than 50 feet by 150 feet. The front setback shall be at least ten feet. Only one mobile home shall be allowed per 50-foot lot frontage.

(2) All mobile homes shall meet local, state and federal building codes concerning their construction.

(3) All mobile homes shall be connected to all utilities during and between

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periods of occupancy.

(4) The mobile home shall be provided with uniform skirting from the bottom of the walls to the ground within 30 days of move in. This skirting must be constructed of fire-retardant material. The siding on the exterior of the mobile home must be finished material of uniform appearance securely attached to the mobile home.

(5) The mobile home shall be tied to ground anchors and this tie down system shall meet the requirements of 24 C.F.R. ' 3280.306, AWindstorm Protection@. It shall meet wind loads associated with the town. All ground anchors shall be embedded below the frost line.

(6) Existing mobile homes located within the town on the effective date of this chapter, not meeting the above requirements, as well as the construction standards of 24 C.F.R. part 3280 in effect in the year the mobile home was constructed, may be declared a public nuisance upon a finding by the Board of Trustees, following a hearing that conditions within the mobile home are hazardous to human health and habitation.

(7) Any mobile home not attached to public utilities or unoccupied for more than six months may be declared a public nuisance subject to abatement. Any mobile home manufactured prior to the effective date of 24 C.F.R. part 3280 (12-18-1975) located in the town prior to the effective date of this chapter may be declared a public nuisance if the conditions within the mobile home are hazardous to human health and habitation.

(C) A mobile or manufactured home, which meets all the following minimum standards, may be located on any residential lot upon issuance of a building permit, without a hearing for use on review.

(1) The home must be at least 16 feet wide.

(2) The home must have factory-installed wood, hardboard or vinyl siding with a wood appearance.

(3) The home shall be supported on: a concrete foundation; concrete, masonry or wood basement; concrete piers; masonry blocks or other durable material comparable to the exterior of the home; and shall be attached to foundation in a manner meeting the wind requirements set forth above.

(4) The home shall have been manufactured within the past ten years.

(5) The home, whether a mobile or manufactured home must meet or exceed the standards in effect on the date of its creation as found in 24 C.F.R. part 3280.

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(D) There is hereby established a fee for inspection of any used mobile or manufactured home in the town in an amount equal to the cost to the town of hiring a qualified inspector to travel to the town and inspect any such unit in order to certify that the unit continues to satisfy state and federal standards in effect at the time of the unit=s manufacturing date.(Ord. 2015-202, passed 9-7-2015) Penalty, see ' 151.99

' 151.99 PENALTY.

Any violation of this chapter, in addition to being the basis for a finding of public nuisance by the Board of Trustees, is considered a continuing violation and is subject to a fine in the amount of $100. Each day said violation exists is a new violation.(Ord. 2015-202, passed 9-7-2015)

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Manufactured and Mobile Homes 175

CHAPTER 152: FLOODPLAIN MANAGEMENT

Section

General Provisions

152.01Statutory authorization152.02Findings of fact152.03Statement of purpose152.04Methods of reducing flood loses152.05Definitions152.06Lands to which chapter applies152.07Basis for establishing areas of special flood hazard152.08Compliance152.09Abrogation and greater restrictions152.10Interpretation152.11Warning and disclaimer of liability

Administration

152.25Development permit152.26Finance Officer; duties

Flood Hazard Reduction

152.40Anchoring152.41Construction materials and methods152.42Utilities152.43Subdivision proposals152.44Encroachments152.45Residential and non-residential construction

Cross-reference:General Offenses, see Ch. 130Parking Schedules, see Ch. 71Traffic Code, see Title VII

Statutory reference:Related provisions, see SDCL ' 9-19-3

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GENERAL PROVISIONS

' 152.01 STATUTORY AUTHORIZATION.

The legislature of the state has, in SDCL ' 9-19-3, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the Board of Trustees of the town does ordain as follows.(Ord. 134-86, passed 7-7-1986)

' 152.02 FINDINGS OF FACT.

(A) The flood hazard areas of the town are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

(B) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities and, when inadequately anchored, damage uses in other areas. Uses that are inadequately flood-proofed, elevated or otherwise protected from flood damage also contribute to the flood loss.(Ord. 134-86, passed 7-7-1986)

' 152.03 STATEMENT OF PURPOSE.

It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

(A) To protect human life and health;

(B) To minimize expenditure of public money for costly flood-control projects;

(C) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(D) To minimize prolonged business interruptions;

(E) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

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(F) To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

(G) To ensure that potential buyers are notified that property is in an area of special flood hazard; and

(H) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.(Ord. 134-86, passed 7-7-1986)

' 152.04 METHODS OF REDUCING FLOOD LOSSES.

In order to accomplish its purpose, this chapter includes methods and provisions for:

(A) Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

(B) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(C) Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel flood waters;

(D) Controlling filling, grading, dredging and other development which may increase flood damage; and

(E) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.(Ord. 134-86, passed 7-7-1986)

' 152.05 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AREA OF SPECIAL FLOOD HAZARD. The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year.

BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in

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any given year.

DEVELOPMENT. Any human-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.

FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from:

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

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

FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, on which the Federal Emergency Management Agency has delineated both the special hazard areas and the risk premium zones applicable to the community.

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

MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term MANUFACTURED HOME also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 days. For insurance purposes, the term MANUFACTURED HOME does not include park trailers, travel trailers and other similar vehicles.

STRUCTURE. A walled and roofed building or mobile home that is principally above ground.

SUBSTANTIAL IMPROVEMENT.

(1) Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:

(a) Before the improvement or repair is started; or

(b) If the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, SUBSTANTIAL

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IMPROVEMENT is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

(2) The term does not, however, include either:

(a) Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

(b) Any alteration of a structure listed on the National Register or Historic Places or a State Inventory of Historic Places.(Ord. 134-86, passed 7-7-1986; Ord. 139, passed 6-16-1989)

' 152.06 LANDS TO WHICH CHAPTER APPLIES.

This chapter shall apply to all areas of special flood hazards within the jurisdiction of the town.(Ord. 134-86, passed 7-7-1986)

' 152.07 BASIS FOR ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD.

The areas of special flood hazard identified by the Federal Emergency Management Agency in its Flood Insurance Rate Map (FIRM), dated 8-5-1986, is adopted by reference and declared to be part of this chapter. The FIRM is on file at the Finance Office at the town=s library.(Ord. 134-86, passed 7-7-1986)

' 152.08 COMPLIANCE.

No structure or land shall hereafter be constructed, located, extended or altered without full compliance with the terms of this chapter and other applicable regulations.(Ord. 134-86, passed 7-7-1986)

' 152.09 ABROGATION AND GREATER RESTRICTIONS.

This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.(Ord. 134-86, passed 7-7-1986)

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' 152.10 INTERPRETATION.

In the interpretation of this chapter, all provisions shall be:

(A) Considered as minimum requirements;

(B) Liberally construed in favor of the governing body; and

(C) Deemed neither to limit, nor repeal, any other powers granted under state statutes.(Ord. 134-86, passed 7-7-1986)

' 152.11 WARNING AND DISCLAIMER OF LIABILITY.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by human-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of town, any officer or employee thereof or the Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.(Ord. 134-86, passed 7-7-1986)

ADMINISTRATION

' 152.25 DEVELOPMENT PERMIT.

(A) (1) A development permit shall be obtained before construction or development begins within any area of special flood hazard established in ' 152.07 of this chapter.

(2) Application for a development permit shall be made on forms furnished by the Finance Officer and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing.

(B) Specifically, the following information is required:

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

(2) Elevation in relation to mean sea level to which any structure has been flood-proofed;

(3) Certification by a registered professional engineer or architect that the flood-proofing methods for any non-residential structure meet the flood-proofing criteria in ' 152.45(B) of this chapter; and

(4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.(Ord. 134-86, passed 7-7-1986)

' 152.26 FINANCE OFFICER; DUTIES.

(A) The Finance Officer is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.

(B) Duties of the Finance Officer shall include, but not be limited to:

(1) Permit review.

(a) He or she shall:

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

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

3. Review all development permits to determine if the proposed development adversely affects the flood carrying capacity of the area of special flood hazard. For the purposes of this chapter, ADVERSELY AFFECTS means damage to adjacent properties because of rises in flood stages attributed to physical changes of the channel and the adjacent overbank areas.

(b) If it is determined that there is no adverse affect and the development is not a building, then the permit shall be granted without further consideration.

(c) If it is determined that there is an adverse effect, then technical

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justification, (i.e., a registered professional engineer) for the proposed development shall be required.

(d) If the proposed development is a building, then the provisions of this chapter shall apply.

(2) Use of other base flood data. The Finance Officer shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source as criteria for requiring that new construction, substantial improvements or other development in Zone A meets ' 152.45 of this chapter.

(3) Information to be obtained and maintained.

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

(b) For all new or substantially improved flood-proofed structures:

1. Verify and record the actual elevation (in relation to mean sea level) to which the structure has been flood-proofed; and

2. Maintain the flood-proofing certifications required in ' 152.25 of this chapter.

(c) Maintain for public inspection all records pertaining to the provisions of this chapter.

(4) Alteration of watercourses.

(a) Notify adjacent communities and the state=s Department of Services of the watercourse, and submit evidence of such notification to the Federal Emergency Management Agency; and

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

(5) Interpretation of FIRM boundaries. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions).(Ord. 134-86, passed 7-7-1986; Ord. 139, passed 6-16-1989)

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FLOOD HAZARD REDUCTION

' 152.40 ANCHORING.

(A) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

(B) All mobile homes shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be that:

(1) Over-the-top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, with mobile homes less than 50 feet long requiring one additional tie per side;

(2) Frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with mobile homes less than 50 feet long requiring four additional ties per side;

(3) All components of the anchoring system be capable of carrying a force of 4,800 pounds; and

(4) Any additions to the mobile home be similarly anchored.(Ord. 134-86, passed 7-7-1986) Penalty, see ' 10.99

' 152.41 CONSTRUCTION MATERIALS AND METHODS.

(A) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(B) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

(C) Electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.(Ord. 134-86, passed 7-7-1986; Ord. 139, passed 6-16-1989) Penalty, see ' 10.99

' 152.42 UTILITIES.

(A) All new and replacement water supply systems shall be designed to

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minimize or eliminate infiltration of flood waters into the system.

(B) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters.

(C) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.(Ord. 134-86, passed 7-7-1986) Penalty, see ' 10.99

' 152.43 SUBDIVISION PROPOSALS.

(A) All subdivision proposals shall be consistent with the need to minimize flood damage.

(B) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(C) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

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Floodplain Management

(D) Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or five acres (whichever is less).(Ord. 134-86, passed 7-7-1986) Penalty, see ' 10.99

' 152.44 ENCROACHMENTS.

Encroachments, including fill, new construction, substantial improvements and other development, shall be prohibited in any floodway unless a technical evaluation demonstrates that the encroachments will not result in any increase in flood levels during the occurrence of the base flood discharge.(Ord. 134-86, passed 7-7-1986; Ord. 139, passed 6-16-1989) Penalty, see ' 10.99

' 152.45 RESIDENTIAL AND NON-RESIDENTIAL CONSTRUCTION.

In all areas of special flood hazards where base flood elevation data has been provided as set forth in ' 152.26(B)(2) of this chapter, the following standards are required.

(A) Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation.

(B) Non-residential construction. New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall:

(1) Be flood-proofed so that below the base flood level the structure is water-tight with walls substantially impermeable to the passage of water;

(2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(3) Be certified by a registered professional engineer or architect that the standards of this division (B) are satisfied. Such certifications shall be provided to the official as set forth in ' 152.26(B)(3)(b) of this chapter.(Ord. 134-86, passed 7-7-1986) Penalty, see ' 10.99

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186

Floodplain Management

INDEX

187

187

188

INDEX

AGREEMENTS AND FRANCHISES, TSO Table I

ALCOHOLIC BEVERAGES, 110.02

ANIMALS (See DOGS AND CATS and LIVESTOCK)

ANIMALS, CRUELTY TO, 130.15

ANNEXATIONS, TSO Table III

BILLIARD HALLS, 110.04

BUILDING REGULATIONS; CONSTRUCTION (See also MANUFACTURED AND MOBILE HOMES)

Building maintenance, 150.01Demolishing or moving buildings or mobile homes, 150.02Penalty, 150.99

BUSINESS LICENSING AND REGULATIONSCircuses, 110.06Dance halls, 110.03Draymen, expressmen and watermen, 110.05Garbage haulers, 110.01Payment of license fees, 110.08Peddlers or hawkers, 110.07Penalty, 110.99Pool and billiard halls, 110.04Saloons; alcoholic beverages, 110.02

CATS (See DOGS AND CATS)

CIRCUSES, 110.06

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Index

CODE OF ORDINANCES; RULES OF CONSTRUCTION; GENERAL PENALTYCaptions, 10.03Definitions, 10.04Errors and omissions, 10.08General penalty, 10.99Ordinances repealed, 10.10Ordinances unaffected, 10.11Ordinances which amend or supplement code, 10.13Powers to enact, amend or repeal ordinances and resolutions; generally, 10.09Preservation of penalties, offenses, rights and liabilities, 10.14Reference to offices, 10.07Reference to other sections, 10.06Repeal or modification of ordinance, 10.12Rules of interpretation, 10.02Severability, 10.05Title of code, 10.01

COLLECTION OF GARBAGE AND OTHER REFUSE, 50.19 (See also GARBAGE AND REFUSE)

COMMUNITY CENTER USE, 33.04

CONSTRUCTION (See also MANUFACTURED AND MOBILE HOMES)Building maintenance, 150.01Demolishing or moving buildings or mobile homes, 150.02Penalty, 150.99

CRUELTY TO ANIMALS, 130.15

DANCE HALLS, 110.03

DISCHARGING FIREARMS AND FIREWORKS, 130.01

DOGS AND CATSDefinitions, 91.15Disposition of unclaimed or infected dogs and cats, 91.21Emergency, 91.22Impounding, 91.19License and registration required, 91.16Notice to owner and redemption, 91.20Penalty, 91.99Rabies; vaccination, 91.23Running at large prohibited, 91.18Tag and collar, 91.17

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Index

DRAYMEN, EXPRESSMEN AND WATERMEN, 110.05

DRUNKENNESS, 130.02

EMERGENCY RESPONSE STRATEGY FOR EMPLOYEES, 33.01

EMPLOYMENT POLICIES (See PERSONNEL POLICIES)

FINANCE AND REVENUE; TAXATIONInvestment policy, 32.03Justice of the Peace fees, 32.01Penalty, 32.99Sales and service tax, 32.02

FIRE DEPARTMENT; VOLUNTARYBylaws, 30.16Driving over hose, 30.24Establishment, 30.15Fire Chief; duties, 30.19Fire Zone, 30.22Hindering firefighters and injuring fire apparatus, 30.23Members; compensation; age, 30.18Officers, 30.17Town assumes no liability for injury, 30.21Use of fire apparatus, 30.20

FIRE REGULATIONS ( See also FIRE DEPARTMENT; VOLUNTARY and FIREWORKS)Fire Zone; limits, 92.01Fireworks, 92.02Penalty, 92.99

FIREARMS; DISCHARGING OF, 130.01

FIREWORKS, 92.02 (See also FIRE REGULATIONS)

FLOOD HAZARD REDUCTION (See also FLOODPLAIN MANAGEMENT)Anchoring, 152.40Construction materials and methods, 152.41Encroachments, 152.44Residential and non-residential construction, 152.45Subdivision proposals, 152.43Utilities, 152.42

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Index

FLOODPLAIN MANAGEMENTAbrogation and greater restrictions, 152.09Basis for establishing areas of special flood hazard, 152.07Compliance, 152.08Definitions, 152.05Development permit, 152.25Finance Officer; duties, 152.26Findings of fact, 152.02Flood Hazard Reduction

Anchoring, 152.40Construction materials and methods, 152.41Encroachments, 152.44Residential and non-residential construction, 152.45Subdivision proposals, 152.43Utilities, 152.42

Interpretation, 152.10Lands to which chapter applies, 152.06Methods of reducing flood loses, 152.04Statement of purpose, 152.03Statutory authorization, 152.01Warning and disclaimer of liability, 152.11

FRANCHISES, TSO Table I

GAMBLING; GAMBLING HOUSES, 130.10

GARBAGE AND REFUSECollection and Disposal

Burning prohibited, 50.22Collection of garbage and other refuse, 50.19Containers; location, 50.17Definitions, 50.15Dumping places, 50.23License required for collecting and hauling garbage, 50.16Rates, 50.20Separation of garbage, poisons and other toxic materials, 50.18Vehicles used for collection, 50.21

Penalty, 50.99Public Rubble Site

Maintenance fee, 50.01

GARBAGE HAULERS, 110.01

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Index

HAWKERS, 110.07

HEALTH AND SANITATION; NUISANCESAbatement, 90.04Definitions, 90.01Nuisances enumerated, 90.03Penalty, 90.99Prohibited behavior, 90.02

HOUSING AND REDEVELOPMENT COMMISSIONAmendments to bylaws, 30.42Chairperson, 30.37Duties; appointment; vacancies, 30.36Executive Director, 30.40Meetings, 30.41Name; seal; office, 30.35Penalty, 30.99Secretary, 30.38Treasurer, 30.39

ICE AND SNOW FROM SIDEWALKS; REMOVAL OF, 93.09

IDENTITY THEFT PROTECTIONDetection of red flags, 34.04Identification of red flags, 34.03Introduction, 34.01Program administration, 34.07Program application, 34.02Program updates, 34.06Responding to red flags; preventing and mitigating theft, 34.05

INVESTMENT POLICY, 32.03

JUSTICE OF THE PEACE FEES, 32.01

LIBRARY SERVICES AND BUILDING, 33.03

LIVESTOCK, 91.01

MANUFACTURED AND MOBILE HOMES (See also BUILDING REGULATIONS; CONSTRUCTION)

Definition, 151.01Mobile homes on single lots, 151.02Penalty, 151.99

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Index

MOBILE HOMES (See also BUILDING REGULATIONS; CONSTRUCTION)Definition, 151.01Mobile homes on single lots, 151.02Penalty, 151.99

NUISANCESAbatement, 90.04Definitions, 90.01Nuisances enumerated, 90.03Penalty, 90.99Prohibited behavior, 90.02

OFFENSESBathing in nude state, 130.08Bawdy houses, 130.05Cruelty to animals, 130.15Discharging firearms and fireworks, 130.01Drunkenness, 130.02Falsely, fraudulently obtaining food, lodging or other accommodations, 130.18Fire Department property, 130.13Gambling; gambling houses, 130.10Glass containers on athletic fields, 130.17Hydrants, 130.16Indecent exposure of person, 130.06Labor of prisoners, 130.14Making disturbances, 130.04Obscene or immoral publications, 130.07Penalty, 130.99Profane and disorderly language, 130.03Stallions, 130.09Swindlers, 130.11Vagrants, 130.12

OFFICERS AND ORGANIZATIONHousing and Redevelopment Commission

Amendments to bylaws, 30.42Chairperson, 30.37Duties; appointment; vacancies, 30.36Executive Director, 30.40Meetings, 30.41Name; seal; office, 30.35Penalty, 30.99Secretary, 30.38Treasurer, 30.39

194

Index

OFFICERS AND ORGANIZATION (Cont=d)Salaries and compensation, 30.01Voluntary Fire Department

Bylaws, 30.16Driving over hose, 30.24Establishment, 30.15Fire Chief; duties, 30.19Fire Zone, 30.22Hindering firefighters and injuring fire apparatus, 30.23Members; compensation; age, 30.18Officers, 30.17Town assumes no liability for injury, 30.21Use of fire apparatus, 30.20

ORDINANCES; CODE OFCaptions, 10.03Definitions, 10.04Errors and omissions, 10.08General penalty, 10.99Ordinances repealed, 10.10Ordinances unaffected, 10.11Ordinances which amend or supplement code, 10.13Powers to enact, amend or repeal ordinances and resolutions; generally, 10.09Preservation of penalties, offenses, rights and liabilities, 10.14Reference to offices, 10.07Reference to other sections, 10.06Repeal or modification of ordinance, 10.12Rules of interpretation, 10.02Severability, 10.05Title of code, 10.01

PARKING (See TRAFFIC CODE)

PEDDLERS OR HAWKERS, 110.07

PERSONNEL POLICIESAppointed Officials

Applicable policies to municipal officials, 31.218Appointment of appointed officials (Trustees), 31.217Definition, 31.215Officials to be appointed, 31.216

195

Index

PERSONNEL POLICIES (Cont=d)Compensation

Benefits, 31.109Medical and confidential file, 31.112

Changes of employee status and address, 31.110Early paychecks, 31.106Pay period and pay day, 31.105Payroll deductions, 31.108Time sheets, 31.107Travel and reimbursement of expenses, 31.111

Disciplinary ActionDemotion or reassignment, 31.178Disciplinary interview, 31.182Dismissal, 31.179Non-grievable actions, 31.181Oral reprimand, 31.175Signing requirements, 31.183Suspension without pay, 31.177Voluntary separations and grievances, 31.180Written reprimand, 31.176

Employee ClassificationsChange of name, address, telephone and withholding status, 31.044Definitions, 31.040Employment references, 31.045Executive session, 31.046Job descriptions, 31.047Performance evaluations, 31.042Personnel records, 31.043Promotions, 31.041

General PoliciesAppearance, 31.023Attitude, 31.024Conflict of interest, 31.025Drug and alcohol in workplace, 31.018Equal employment opportunity, 31.015Eye and ear protection, 31.021Outside employment, 31.022Political activity, 31.026Seat belts, 31.020Sexual harassment, 31.016Smoking, 31.019Violence in the workplace, 31.017

196

Index

PERSONNEL POLICIES (Cont=d)Grievance Procedure

American with Disabilities Act, 31.200Appeal from the decision of the governing board, 31.199Appearance before the governing board, 31.198Definition of Agrievance@, 31.196Employee notice of disagreement, 31.197Purpose, 31.195

Hours of WorkAttendance, 31.092Call back pay, 31.088Comp time, 31.091Flex time, 31.089General policy, 31.085Overtime, 31.090Standard workday, 31.087Standard workweek, 31.086Time sheets and cards, 31.093

Leaves of AbsenceExtended leave for illness and temporary disability, 31.138General policy, 31.135Holidays, 31.145Jury duty, 31.141Leave without pay, 31.139Maternity leave, 31.140Military leave, 31.143Personal emergency leave, 31.144Sick leave, 31.137Vacation leave, 31.136Voting leave, 31.142

Purpose and UseApplications, 31.002Disclaimer, 31.004Purpose of policies and procedures, 31.001Revisions, 31.003

Recruitment and SelectionAcceptance of employment, 31.070Applications for employment, 31.062Appointment of municipal employees, 31.068Creating new positions, 31.071Disqualification, 31.066Eligibility, 31.063

197

Index

PERSONNEL POLICIES (Cont=d)Recruitment and Selection (Cont=d)

Employee probation period, 31.072Employment offers, 31.069Job announcement, 31.061Qualifications, 31.064Recruitment and hiring policy, 31.060Selection, 31.067Veterans preference, 31.065

Separation From Municipal ServiceGeneral policies, 31.160Involuntary separation, 31.162Voluntary separation, 31.161

POOL AND BILLIARD HALLS, 110.04

PRE-DISASTER MITIGATION PLAN, 33.02

REAL ESTATE, VACATIONS AND PROPERTY PROVISIONS, TSO Table II

REDEVELOPMENT AND HOUSING COMMISSIONAmendments to bylaws, 30.42Chairperson, 30.37Duties; appointment; vacancies, 30.36Executive Director, 30.40Meetings, 30.41Name; seal; office, 30.35Penalty, 30.99Secretary, 30.38Treasurer, 30.39

REFUSECollection and Disposal

Burning prohibited, 50.22Collection of garbage and other refuse, 50.19Containers; location, 50.17Definitions, 50.15Dumping places, 50.23License required for collecting and hauling garbage, 50.16Rates, 50.20Separation of garbage, poisons and other toxic materials, 50.18Vehicles used for collection, 50.21

Penalty, 50.99

198

Index

REFUSE (Cont=d)Public Rubble Site

Maintenance fee, 50.01

REMOVAL OF ICE AND SNOW FROM SIDEWALKS, 93.09 (See also STREETS, ALLEYS AND PUBLIC GROUNDS)

REVENUEInvestment policy, 32.03Justice of the Peace fees, 32.01Penalty, 32.99Sales and service tax, 32.02

SALES AND SERVICE TAX, 32.02

SALOONS; ALCOHOLIC BEVERAGES, 110.02

SANITATION AND HEALTH; NUISANCESAbatement, 90.04Definitions, 90.01Nuisances enumerated, 90.03Penalty, 90.99Prohibited behavior, 90.02

SEWAGE DISPOSAL AND COLLECTION SYSTEM (See also SEWERS)Disconnection for late payment, 53.19Duty to repair service sewers and report harmful conditions, 53.16Payment by user, 53.18Record of usage; determination, 53.17Trunk mains; installation, inspection and connection, 53.15

SEWERS (See also WATER AND SEWER RATES)Discharge and deposits, 53.02Emergency response strategy, 53.01Penalty, 53.99Sewage Disposal and Collection System

Disconnection for late payment, 53.19Duty to repair service sewers and report harmful conditions, 53.16Payment by user, 53.18Record of usage; determination, 53.17Trunk mains; installation, inspection and connection, 53.15

199

Index

SIDEWALKS (See STREETS, ALLEYS AND PUBLIC GROUNDS)

SNOW FROM SIDEWALKS; REMOVAL OF, 93.09

SNOW REMOVAL (See also TRAFFIC AND PARKING)Definitions, 70.21Duty of owner or occupant, 70.26Parking at night in the Business District, 70.23

Penalty, 70.99Purpose, 70.20Snow removal alert

parking prohibited, 70.24parking regulations, 70.25

Temporary snow fences, 70.22

SPEED LIMITS, 70.03 (See also TRAFFIC CODE)

STREET PARKING AND SNOW REMOVAL (See also TRAFFIC AND PARKING)Definitions, 70.21Duty of owner or occupant, 70.26Parking at night in the Business District, 70.23

Penalty, 70.99Purpose, 70.20Snow removal alert

parking prohibited, 70.24parking regulations, 70.25

Temporary snow fences, 70.22

STREETS, ALLEYS AND PUBLIC GROUNDSBuilding materials in street, 93.04Excavation near street, 93.05Heavy vehicles on crosswalks, 93.08Moving building, 93.07Objects in street; removal, 93.01Obstruction of sidewalk, 93.03Penalty, 93.99Playing ball in the street, 93.06Removal of ice and snow from sidewalks, 93.09Sidewalks and crossings, 93.11Signs in street; exceptions, 93.02Throwing rubbish into streets, 93.10

200

Index

TAXATIONInvestment policy, 32.03Justice of the Peace fees, 32.01Penalty, 32.99Sales and service tax, 32.02

TRAFFIC CODE (See also STREET PARKING AND SNOW REMOVAL)Crossing over fire hoses, 70.05Exhibition driving, 70.04Obedience to police, signs and signals, 70.02Penalty, 70.99Prohibited truck traffic, 70.06Prohibited/restricted parking, Ch. 71, Sch. II.Prohibited/restricted truck traffic, Ch. 71, Sch. I.Speed limits, 70.03Street parking and snow removal

Definitions, 70.21Duty of owner or occupant, 70.26Parking at night in the Business District, 70.23

Penalty, 70.99Purpose, 70.20Snow removal alert

Parking prohibited, 70.24Parking regulations, 70.25

Temporary snow fences, 70.22Vehicle operation generally, 70.01

TRASHCollection and Disposal

Burning prohibited, 50.22Collection of garbage and other refuse, 50.19Containers; location, 50.17Definitions, 50.15Dumping places, 50.23License required for collecting and hauling garbage, 50.16Rates, 50.20Separation of garbage, poisons and other toxic materials, 50.18Vehicles used for collection, 50.21

Penalty, 50.99Public Rubble Site

Maintenance fee, 50.01

201

Index

VACATIONS AND PROPERTY PROVISIONS, TSO Table II

VOLUNTARY FIRE DEPARTMENTBylaws, 30.16Driving over hose, 30.24Establishment, 30.15Fire Chief; duties, 30.19Fire Zone, 30.22Hindering firefighters and injuring fire apparatus, 30.23Members; compensation; age, 30.18Officers, 30.17Town assumes no liability for injury, 30.21Use of fire apparatus, 30.20

WATERConsent to regulations, 52.22Cost of installation borne by consumer, 52.19Defective service, 52.21Discontinuance of service, 52.16Emergency response strategy, 52.01List of water users, 52.15Penalty, 52.99Premises to have separate connection, 52.18Rates; meter readings; payment; failure to pay; collection, 52.25Service connections; application, 52.17Use of water during fire, 52.24Use of water without authority, 52.20Water and sewer rates, 51.01Water connections; service pipes; curb, stop and waste cocks; check valves,

52.23Water Fund, 52.26Water Superintendent, 52.27

WATER AND SEWER RATES, 51.01 (See also SEWERS and WATER)

WATER WORKS SYSTEM (See WATER)

202

202

Index

PARALLEL REFERENCES

References to South Dakota Codified LawsReferences to ResolutionsReferences to Ordinances

203

203

204

REFERENCES TO SOUTH DAKOTA CODIFIED LAWS

SDCL Cites Code Section

1-5-1 31.1451-25-1 et seq. 31.0463-12 31.1613-18-15.2 31.1994-5-6 32.034-5-8 32.034-6A 32.039-1-1 10.02; 10.049-13-13 10.049-14-3 31.0029-19-1 10.049-19-3 10.99; Ch. 152; 152.0110-45 32.0210-46 32.02; 32.9910-52 32.0211-7-1 et seq. 30.3622-6-2(2) 10.9933A-2-1 31.06533A-2-2 31.06551A-10-9 32.03Title 61 31.162

205

References to South Dakota Codified Laws 206

REFERENCES TO RESOLUTIONS

Res. No. Date Passed Code Section

99-4 - - TSO Table II2015-4 - - 51.01- 4-4-1966 TSO Table II- 7-5-1977 TSO Table III100-1 1-3-2000 50.16; 110.012007-5 8-6-2007 33.032008-4 8-4-2008 33.022009-1 5-4-2009 31.1092016-4 - -2016 TSO Table II

207

References to Resolutions 208

REFERENCES TO ORDINANCES

Ord. No. Date Passed Code Section

- - - 30.35C30.42- - - 32.03- - - 33.03; 33.04- - - 52.01- - - 53.019 - - 32.0120 - - TSO Table I23 - - TSO Table I47 - - TSO Table I97 - - TSO Table I123 - - TSO Table I195 - - 91.01; 91.991 12-16-1909 110.022 12-16-1909 110.027 12-16-1909 110.04; 110.9910 12-16-1909 30.0111 2-23-1911 TSO Table I12 2-23-1911 TSO Table I16 1-12-1917 30.01; 70.01; 70.99; 92.01;

92.99; 93.01C93.11; 93.99; 110.04C110.08; 110.99; 130.01C130.16; 130.99

17 8-24-1925 70.0125 3-18-1930 TSO Table I26 12-13-1930 110.0327 3-10-1933 30.0129 7-12-1938 92.02; 92.9931 2-13-1940 70.02; 70.9941 5-16-1949 70.0348 12-4-1950 92.0152 10-9-1951 92.02; 92.9953 10-9-1951 92.02; 92.9956 11-13-1951 110.02

Ord. No. Date Passed Code Section

209

57 1-18-1952 70.05; 70.9958 2-18-1952 53.02; 53.9962 5-14-1954 TSO Table I- 12-7-1955 TSO Table II70 5-25-1959 53.15C53.1980 6-25-1963 92.02; 92.9991 7-24-1968 70.04; 70.9993 12-4-1968 150.0195 11-3-1969 70.0398 7-5-1972 70.06; Ch. 71, Schd. I107 8-6-1973 52.15C52.27; 52.99116 7-5-1977 130.18; 130.99118 1-17-1978 32.02; 32.99121 6-4-1979 70.03; 70.99125 8-14-1980 130.17; 130.99132 8-23-1985 90.01C90.04; 90.99134-86 7-7-1986 152.01C152.11; 152.25;

152.26; 152.40C152.45134 4-20-1987 150.02; 150.99137 7-5-1988 90.03139 6-16-1989 152.05; 152.26; 152.41;

152.44142 7-10-1989 110.02145 2-23-1990 30.15C30.24; 30.99- 6-4-1990 33.03148 4-10-1995 TSO Table I156 6-1-1998 90.03157 6-1-1998 Ch. 71, Schd. I159 5-17-1999 52.16; 52.25; 52.99162 1-18-2000 50.15C50.23; 50.99- 10- -2002 33.01- 10-7-2002 31.109166 11-4-2002 TSO Table I- - -2008 34.01C34.07184 9-2-2009 150.01188 2-7-2011 91.15C91.23; 91.99196 6-6-2013 50.01; 50.99199 12-9-2013 70.20C70.26; 70.99

210

References to Ordinances

Ord. No. Date Passed Code Section

2015-202 9-7-2015 151.01; 151.02; 151.99- 4-18-2016 TSO Table II- 4-18-2016 TSO Table II- 11- -2017 31.001C31.004;

31.015C31.026; 31.040C31.047; 31.060C31.072; 31.085C31.094; 31.105C31.112; 31.135C31.145; 31.160C31.162; 31.175C31.183; 31.195C31.200; 31.215C31.218

211