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Title 4: Health Code

Chapter 4-1  Garbage and Refuse
Chapter 4-2  Weeds
Chapter 4-3  Dutch Elm Disease
Chapter 4-4  Miscellaneous Nuisances
Chapter 4-5  Nuisance Property
Chapter 4-6  Abandoned Property
Chapter 4-7  Rat Eradication
Chapter 4-8  Dangerous Buildings
Chapter 4-9  Cemetery Regulations
Chapter 4-10 No Tolerance Zones

Chapter 4-1  Garbage and Refuse

4-1-1     Definitions.  Terms used in this chapter unless the context otherwise plainly requires, shall mean:
A.   Garbage.  Includes, but is not restricted to every accumulation of animal, vegetable, or other mineral:
1.  resulting from the preparation and consumption of edible food stuffs; or
2.  resulting from decay, dealing in, or storage of meats, fish, fowl, fruits, or  vegetables, including the cans, containers, or wrappers or waste along with such  materials; or
3.  such industrial, domestic, and organic solid waste or residue of animals sold for meat; or
4.  fruit, vegetable, and animal matter from kitchens, dining rooms, markets, fruit establishments, or any other place using, dealing in, or handling meats, fish, fowl,  fruits, vegetables, or grains; or
5.  offal, animal excreta, or the carcasses of animals, fish or fowl.

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

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

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

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

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

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

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

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

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

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

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

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

4-1-2     Refuse Removal.  All garbage, rubbish, rubble, and refuse created, produced, or accumulated in or about a dwelling house or place of human habitation in the City limits of the City of Groton shall be removed from the premises at least once each week.  The city may require a greater number of collections per week.
The city shall contract for lowest bid to a solid waste hauler for a period of one to three (1-3) years.  The city shall bill all residents on their monthly utility statements.  No billing will be done by the private hauler for residential service. Commercial establishments shall contract privately for the removal of garbage, rubbish, rubble, and refuse from their  premises in compliance with the terms of this chapter.
The rate to be charged to the residential occupant for garbage, rubbish, rubble, and refuse shall be as established by the city council and on file in the office of the finance officer.
As per state law (SDCL 34A-6-29), garbage, rubbish, rubble, and refuse fees take precedence over all other utility charges.

4-1-3     Refuse Containers.  Every owner, lessee, or occupant of any private dwelling house and every keeper of a hotel, restaurant, eating house, boarding house, or other building where meals are furnished and every other person having garbage, rubbish, rubble, or refuse in the City of Groton shall provide, and at all times, keep within said building or conveniently located near said building, suitable and sufficient watertight cans, each capable of holding a maximum of fifty (50) gallons of garbage, rubbish, rubble or refuse, or a suitable container approved by the city and deposit in such container, and not elsewhere, all garbage, rubbish, rubble, or refuse accumulating on said premises.  The containers shall be equipped with suitable bails or handles and shall have tightly fitted covers and shall not leak, nor permit the escape of odors.  The weight of the garbage, rubbish, rubble or refuse shall not exceed seventy-five (75) pounds.  Such containers shall be so located on the premises as to be readily accessible to the garbage, rubbish, rubble or refuse collector who is required to render pickup service; containers shall be made accessible to the collection service at the curb site of the nearest public traveled thoroughfare.  Rubbish may also be disposed of in said containers provided the containers may be easily lifted, emptied, or hauled away, and they do not exceed the weight limit established above. Garbage, rubbish, rubble, or refuse containers shall not be placed adjacent to the street for pickup service more than twenty-four (24) hours prior to pickup times; the containers shall be removed within twelve (12) hours after pickup.

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

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

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

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

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

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

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

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

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

4-1-11 Yard Waste Removal. The person, firm, corporation or business responsible for disposal of yard waste shall not place or leave on any public street, road, alley or sidewalk or other public ground in the City of Groton, any yard waste which may obstruct the free use of said street, road, alley, or sidewalk of public ground or which could obstruct storm water, gutters, or inlands.  For a first violation of this ordinance, a fine of $25 shall be imposed; for a second violation a fine of $50 shall be imposed; for a third violation a fine of $100 shall be imposed; for a fourth violation of this ordinance a fine of up to $500 shall be imposed.  The city finance office shall notify the violator of any such violation and the amount of fine to be imposed for that violation as described above, and if the violator remits payment for that fine directly to the City Finance Office, no further action will follow on that violation.  If the violator refuses to remit payment for that amount demanded within 30 days from the date of the written notice, the case can then be prosecuted as a criminal offense.

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

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

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

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

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

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

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

F.   It shall be unlawful for any person, firm, corporation or business to do any of the following at the city's restricted solid waste site;
1.   Dump, deposit, discard or leave any refuse as defined in 4-1-1G or 4-1-13C;
2.   Disregard the site caretaker's directions;
3.   Start or cause to be started any fire without proper authorization from the city;
4.   Retrieve, take away or remove any rubble without written permission from the city;
5.   Use the city site unless a resident of the City of Groton or a permit holder;
6.   Use the city site on the days of the week or during the hours of the day that the city site is closed to public use except by special permission of the city.

Chapter  4-2  Weeds

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

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

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

4-2-4     Costs Recovered.  The finance officer shall cause an account to be kept against each lot for the destruction of noxious weeds upon said lot as herein provided and shall after completion of the work, bill the owner of the property for such work and if not paid within thirty (30) days thereafter, the finance officer shall thereupon add such assessment to the general assessment against said property.  The finance officer shall certify such special assessment together with the regular assessment to the county auditor to be collected as municipal taxes for general purposes. 
Said assessment shall be subject to review and equalization the same as assessments or taxes for general purposes.  In lieu of special assessment, the city council may institute a civil action against the owner or occupant of such property to recover said account.

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

Chapter 4-3  Dutch Elm Disease

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

4-3-2     Dutch Elm Disease - Nuisance.  Any living or standing elm tree or part thereof infected with the Dutch Elm Disease fungus, Ceratocystis Ulmi or which harbor the European Elm Bark Beetle, Scolytus Multitriatus (Eichb.)  and/or the American Elm Bark Beetle.  Hylurgopinus Rufipes (Marsh.) is hereby declared to be a public nuisance.
Any dead elm tree or part thereof including logs, branches, stumps, firewood, or other elm material from which the bark has not been removed and burned, or treated with an effective elm bark beetle destroying insecticide is hereby declared to be public nuisance.

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

4-3-4     Abatement of Nuisances. 
A.   If the city forester shall determine upon inspection or examination that any public nuisance as herein defined exists in or upon a public street, alley, park, or public place, including the terrace strip between the curb and lot line, within the City of Groton, said officer shall immediately cause it to be removed and burned or otherwise abate the same.

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

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

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

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

4-3-6     Penalty.  Any person who violates any provision established herein for the abatement of Dutch Elm Disease shall be subject to the penalties established in this ordinance (11-1-1).

Chapter 4-4  Miscellaneous Nuisances

4-4-1     Nuisances Defined and Prohibited.  No person shall create, commit, maintain, or permit to be created, committed, or maintained any nuisance as defined herein.
Whatever is dangerous to human health, renders the ground, the water, the air, or food a hazard or injurious to human health, including but not limited to the following specific acts, conditions, and things are, each and all of them, hereby declared to constitute nuisances:

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

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

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

D.   Manure.  The accumulation of manure.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Chapter 4-5  Nuisance Property

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

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

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

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

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

Chapter 4-6  Abandoned Property

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

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

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

Chapter  4-7  Rat Eradication

4-7-1     Definitions.  Terms used in this chapter, unless the context otherwise plainly requires, shall mean:
A.   Building.  Any structure, either public or private, that is adapted for occupancy for residential or commercial purposes, including all principle or secondary structures such as sheds, barns, and other structures.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Chapter 4-8  Dangerous Buildings

4-8-1     Dangerous Buildings Defined.  All buildings or structures which have any or all of the following defects shall be deemed "dangerous buildings."
A.   Those whose interior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.

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

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

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

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

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

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

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

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

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

4-8-2     Standards for Repair, Vacation, or Demolition.  The following standards shall be followed in substance by the building inspector and/or city council in orderly repair, vacation, or demolition:
A.   If the "dangerous building" can reasonably be repaired so that it will no longer exist in violation of the terms of this ordinance, it shall be ordered repaired.

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

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

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

4-8-4     Duties of Building Inspector.  The City Council shall appoint a temporary or permanent building inspector.  The designated building inspector shall:

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

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

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

D.   Notify, in writing, the owner, occupant, lessee, mortgagee, agent, and all other persons having an interest in said building as shown by the records on file at the Register of Deeds at the Brown County Courthouse, Aberdeen, South Dakota, of any building found by him to be a "dangerous building":
1.   The owner must vacate, or repair, or demolish said building in accordance with the terms of the notice and this ordinance.
2.   The occupant or lessee must vacate said building or may have it repaired in accordance with the terms of the notice and remain in possession;
3.   The mortgagee, agent, or other persons having an interest in said building as shown by the records on file at the Brown County Courthouse, Aberdeen, South Dakota, may at his own risk, repair, vacate, or demolish said building or have such work or act done; provided, that any person notified under this subsection to repair, vacate, or demolish any building shall be given reasonable time, not exceeding ninety (90) days, as may be necessary to do, or have done, the work or act required by the notice provided for herein.

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

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

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

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

4-8-5     Duties of City Council.  The city council shall:
A.   Upon receipt of a report of the designated building inspector as provided for in section 4-8-4, subsection F hereof, give written notice to the owner, occupant, mortgagee, lessee, agent, and all other persons having an interest in said building as shown by the records on file at the Brown County Register of Deeds in the Brown County Courthouse, Aberdeen, South Dakota, to appear before the city council on the date specified in the notice to show cause why the building or structure reported to be a "dangerous building" should not be repaired, vacated, or demolished in accordance with the statement of particulars set forth in the building inspector's notice provided for herein in section 4-8-4, subsection E.

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

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

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

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

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

4-8-6     Violations - Penalty for Disregarding Notices or Orders.  The owner of any "dangerous building" who shall fail to comply with any notice or order to repair, vacate, or demolish said building given by the city council and/or building inspector pursuant to this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding five hundred dollars ($500) for each offense for each and every day such failure to comply continues beyond the date fixed for compliance.

The occupant or lessee in possession who fails to comply with any notice to vacate and who fails to repair said building in accordance with any notice given as provided for in this ordinance shall be guilty of a misdemeanor and upon conviction shall be fined not exceeding five hundred dollars ($500) for each offense for each and every day such failure to comply continues beyond the date fixed for compliance.

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

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

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

Chapter 4-9 Cemetery Regulations

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

4-9-2     Sale of Lots.  Lots in the city cemetery are sold subject to the rules adopted by the city council and at a price fixed by resolution of the city council adjusted from time to time, but no lot may be sold to a third party after it is sold to the original purchaser for more money than its original purchase price.
The mayor and city finance officer shall execute all conveyances for lots upon full payment of the price of the lot and no burial shall be permitted until the full purchase price for said lot is paid.

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

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

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

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

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

4-9-7     Memorial Removal.  The city shall not be responsible for articles placed on the lots and may remove, without notice, any article considered objectionable or detrimental to the aesthetic value, peace, or tranquility of the cemetery.  Memorial Day wreathes and flowers may be placed on the graves/lots from May 20 to June 15.  Memorials shall be moved next to the headstone after June 15 for ease of mowing.  Memorials may be kept any place on the lot after June 15, if lot owners or next of kin keep the lot properly mowed and trimmed. Memorials shall be taken off the graves/lots September 7 each year by the owners or next of kin or it shall be removed by the City after that date.  The memorials shall be discarded by the City.

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

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

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

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

Chapter 4-10  No Tolerance Zones. 

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