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Title 5: Licenses

Chapter 5-1  General Provisions
Chapter 5-2  Animals and Animal Control
Chapter 5-3  Junkyards and Wrecking Control

Chapter 5-1  General Provisions

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

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

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

5-1-3   License Expiration.  Any annual license granted under the provisions of this chapter shall expire on the 31st day of December next following the granting thereof, except as otherwise provided, and shall not be granted for any sum less than the annual rate, and there shall be no rebate on an early termination of the activity for which said license was issued

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

5-1-5   Issuance of License.  Except as otherwise provided all licenses shall be issued by the finance officer after the application has been approved by the city council and the applicant shall have complied with all requirements for issuance of such license.  Unless otherwise provided, all licenses shall be signed by the finance officer and shall have affixed thereto the official seal of the City of Groton.

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

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

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

Chapter 5-2  Animals and Animal Control

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

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

5-2-3   Dogs.
A.   License.  It shall be unlawful for any person or persons within the City of Groton to keep, maintain, or have custody or control of any dog without first having obtained a license to do so from the city finance officer as hereinafter provided and without having paid the license fee therefore.

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

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

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

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

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

5-2-4   Dogs and Other Animals at Large
A.   It shall be unlawful for any person or persons to permit or suffer to run at large within the limits of the City of Groton any dog, cat, or other animal, whether licensed or unlicenced, and any police officer or person of proper authority is hereby authorized and empowered to impound any such dog or animal found running at large in violation of the provisions of this section and subject to fine as set in this ordinance (11-1-1).

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

5-2-5   Animals Disturbing the Peace.
A.   No person owning any dog, cat, or other animal, licensed or unlicenced, confined on the premises or otherwise, shall permit such animal to disturb the peace and quiet of the neighborhood by making loud and/or unusual noises.

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

C.   In addition to the costs of impounding of such animal or other penalties prescribed, the owner thereof shall be subject to a fine not to exceed five hundred dollars ($500).

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

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

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

5-2-9   Redemption of Animal From Shelter.  When the owner or keeper of any dog, cat, or animal impounded shall desire to redeem any dog, cat, or animal at the animal control shelter, such dog or cat or animal may be released upon the payment to the person in charge of such animal control shelter, or to the police officer in charge, or to the city finance officer, the sum of fifty dollars ($50) for the dog, cat or animal impounded, plus the cost of keeping said dog, cat, or animal at the rate of ten dollars ($10) per day; and the person in charge of animal control shelter shall thereupon release such animal to the owner or keeper.  All fees collected are to be remitted to the city finance officer for deposit in the general fund as soon as reasonably possible after collection of the same.

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

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

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

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

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

Chapter 5-3  Junkyard and Wrecking Control

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

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

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

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

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

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

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

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