Geddes Original Code

REVISED ORDINANCES OF THE
CITY OF GEDDES
CHARLES MIX COUNTY
SOUTH DAKOTA
ENACTED THE 12TH DAY OF APRIL, 1999.
EFFECTIVE DATE: MAY 19TH, 1999.
TABLE OF CONTENTS
Chapter Page
Table of Contents . l
Chapter 1 Administration ............•.....••••..•..•. 1
Chapter 2 City Policies . 7
Chapter 3 Police . 9
Chapter 4 Licenses . 10
Chapter 5 ,Public Amusements •••...................••.. 12
Chapter 6 Building and General Building Regulations .. 13
Chapter 7 Regulation of Traffic ••.............•..••.. 20
Chapter 8 Alcoholic Beverages ............•.•..•.•••.. 32
Chapter 9 Regulation and Licensing of Dogs ......•... ~ 34 ~

,C(
~/"'I ( Q.,'>
Chapter 10 Offenses and Miscellaneous Provisions •..... 39
Chapter 11 Streets and Sidewalks ..............•...•... 48
Chapter 12 City Officials and Employees .......•..•...• 52
Chapter 13 Elections .......•.•••.••......•.•••••••.••. 59
Chapter 14 Garbage and Trash .•••..•......•.••......... 60
Chapter 15 Water 64
Chapter 16 Sewer System . 70

CHAPTER 1
ADMINISTRATION
ARTICLE I
GENERAL PROVISIONS
Sec. 1. Title.
This ordinance, hereinafter also referred to as this Code,

shall be known as the "Revised Ordinances of Geddes" and may be
S0 cited. It may also be cited as the "Code of Ordinances, City
of Geddes."
Sec. 2. Catchlines of sections.
The catchlines of the several sections of this Code printed

in boldface type are intended as mere catchwords to indicate the
contents of the·sections and shall not be deemed or taken to be
titles of such sections, nor as any part of the sections, nor,
unless expressly so provided, shall they be so deemed when any of
such sections, including the catchlines, are amended or
reenacted.
Sec. 3. Rules of construction and definitions.
In the construction of this Code, the following rules shall

be observed and the following definitions shall apply, unless
such construction be inconsistent with the manifest intent of the
council:
Generally. The provisions of this Code shall be liberally

construed to effect the purposes expressed therein or implied
from the expression thereof. In case of doubt or ambiguity in
the meaning of such provisions, the general shall yield to the
particular. Reference for interpretation and construction shall
tend to further the accomplishment of the elimination of the
particular mischiefs for which the provisions were enacted.
Words shall be construed in their common and usual significance
unless the contrary is clearly indicated.
City. The words "the city" or "this city" shall mean the
City of Geddes, in the County of Charles Mix, and the state of
South Dakota.
Code. The term JlCode" or "this Code" shall be taken to mean

the Revised Ordinances of Geddes in their entirety, including
each and every section thereof. The entire Code is intended by

the council to constitute an ordinance in revision of the
ordinances of the city, within the meaning of the applicable
sections of the South Dakota Codified Laws.
Computation of time. In computing any period of time

mentioned in the provisions of this Code, the day of the act,
event or default after which the designated period of time begins
to run is not to be included, and the last day of the period so
computed is to be included/' unless it is a Sunday or a legal
h8liday, in which event the period runs until the end of the next
day which is neither a Sunday nor a holiday.
Council. The term, "council", "common council" or "city

council" shall mean the Common Council of the City of Geddes,
constituting the governing body of the city.
Councilman. The members of the Council may be referred to

as either "Councilman", "Councilperson", or "Alderman". The
aforesaid terms may be used interchangably throughout these
ordinances.
Acting Mayor. The term "acting mayor" shall mean the

president and vice-president of the council as the case may be.
Duties performed by agents. Whenever in this Code any act

is required to be done by an officer in the line of his general
duties/ or by a department head or inspector, the same shall be
construed to permit the doing of such act by the agent or
subordinate of such person; provided that the agent or
subordinate is duly authorized and duly qualified to perform such
act. Such rule shall apply also to license holders, where such
act is not otherwise required to be performed personally by such
person, either by specific law or by the nature of such act.
Gender. A word importing the masculine gender only shall

extend and applied to female, and to firms, partnerships,
associations and corporations, as well as to males.
Joint authority. Words purporting to give authority to

three (3) or more officers or other persons shall be construed as
giving such authority to a majority of such officers or other
persons, unless it is otherwise declared.
::1ayor. The word "mayor" shall include the mayor and one
duly serving in his stead.
Month. The word "month" shall mean a calendar month.
Number. Any word importing the singular number shall
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include the plural and any word importing the plural number shall
include the singular.
Oath. The word "oath" shall be construed to include an

affirmation in all cases in which, by law, an affirmation may be
substituted for an oath, and in such c'ases the words "swear" and
"s'w'orn" shall be equivalent to the wo rds "affirm" and "aff irmed. "
Officers and employees. Whenever reference is made in this

Code to a city officer or employee by title only, this shall be
c8nstrued as though followed by the words "of the City of Geddes"
and shall be taken to mean the officer or employee of this city
having the title mentioned or performing the duties indicated.
Or, and. "Or" may be read "and", and "and" may be read "or"
if the sense requires it.
Person. The word "person" shall extend and be applied to

associations, corporations, firms, partnerships and bodies
politic and corporate as well as to individuals.
Signature or subscription. The word "signature" or

"subscription" shall include a mark when a person cannot write.
State. The words "the state" or "this state" shall be

construed to mean the State of South Dakota.
Tense. Words used in the past or present tense include the

future as well as the past and present.
Variations in punctuation; typographical. errors: etc. No

variation in punctuation, either formal or informal, consistent
or not, shall affect the validity of this Code, nor shall obvious
or apparent defects in spelling or typography be construed as to
invalidate any portion hereof, so long as the purpose and intent
of the section is clear.
Written or in writing. The term "written" or "in writing"
shall be construed to include any representation of words,
letters or figures, whether by printing or otherwise.
Year. The word "year" shall mean a calendar year.
Sec. 4. Continuance of city's rights and obligations.
The city shall continue to own, possess and control all

rights and property of every kind and nature owned, possessed or
controlled by it at the time this Code takes effect and shall be
subject to all its debts, obligations, liabilities and contracts.
Sec. 5. Code does not impair vested rights or valid

obligations.
Nothing in this Code shall be so construed as to impair any

vested rights or valid obligations existing when it takes effect.
Sec. 6. Territorial application of Code.
Except as otherwise provided in this Code or by state law,

the provisions of this Code' shall be applicable in and over all
t~rritory within the corporate limits of the city and any public
ground or park belonging to the city, whether within or without
the corporate limits, and in and over all places, except within
the corporate limits of another municipality, within one mile of
the corporate limits of the city or of any public ground or park
belonging to the city outside the corporate limits.
Sec. 7. Miscellaneous ordinances not affected by Code.
Nothing in this Code shall affect the validity of any of the

following:
(a) Ordinances granting any franchise, right-of-way,

easement, or contract right.
(b) Ordinances providing for the issuance of bonds, special

assessment certificates, or other evidences of
obligation.
(c) Ordinances providing for appropriations.
(d) Ordinances establishing or changing street grades or

widths.
(e) Any ordinance adopted after the effective date of this

Code.
Sec. 8. General penalty; continuing violations.
Whenever in this Code or in any ordinance of the city an act

is prohibited or is made or declared to be unlawful or an
offense, or wherever in such Code or ordinance the doing of any
act is required or the failure to do any act is declared to be
unlawful, and no specific penalty is provided therefor, any
person who shall be convicted of any such violation shall be
punished by a fine not to exceed $200.00. Each day any violation
of this Code or other ordinance continues shall constitute a
separate offense.
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Sec. 9. Liability of corporations for violations.
For a violation of this Code or any other ordinance of the

city which, by nature, does not require intent exercisable only
by natural persons, a corporation may be fined or punished by
appropriate penalties in addition to any punishment provided for
its agents who violate this Code or other ordinance while acting
as such agents.
Sec. 10. Prosecution's election when offense created by more

than one section.
In all cases where the same offense is made punishable or is

created by different clauses or sections of this Code, the
prosecuting officer may elect under which to proceed, but not
more than one recovery shall be had against the same person for
the same offense; provided, that the revocation of a license or
permit shall not be considered a recovery or penalty so as to bar
any other penalty being enforced.
Sec. 11. Powers and authorities are cumulative; separability of

parts of Code.
Except as otherwise expressly provided, all powers and

authorities conferred by any provision of this Code shall be
cumulative and additional to, and not in derogation of, any
powers and authorities otherwise existing. Notwithstanding any
other evidence of intent. It is hereby declared to be the
controlling intent of the common council that, if any provision
of this Code or the application thereof to any persons or
circumstances, shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder of this Code, or its
application to other persons and circumstances, but such judgment
shall be confirmed in its operation to the provisions of the
particular chapter, section, subsection or provision involved, or
the application thereof to the persons and circumstances directly
involved in the controversy in which such judgment is rendered.
Sec. 12. General repealer.
All ordinances and parts of ordinances in conflict with the

provisions of this Code or relating to the subject matter of this
Code and not reenacted as a part of this Code are hereby
repealed, except as otherwise specifically provided.
Sec. 13. Effect of repeal.
(a) The repeal of an ordinance shall not affect any

punishment or penalty incurred before the repeal took
effect, nor any suit, prosecution or proceeding pending
at the time of the repeal, or any off ense committed
under the ordinance repealed.
(b) The repeal of an ordinance shall not revive any

ordinances in force before or at the time the ordinance
repealed took effect.
Sec. 14. Publication and effect of Code.
This Code shall be printed and published in book or binder

form and shall take effect as provided by law.
Sec. 15. Discrimination Prohibited
(a) No person shall, an the grounds of race, color,

national origin, or sex be excluded from participation,
be denied the benefits of, or be subjected to
discrimination under any city program, activity, or
function.
(b) The City of Geddes, South Dakota, shall provide equal

opportunity to all employees and applicants for
employment without regard to race, color, sex, creed,
religion, ancestry, age, or national origin.
CHAPTER 2
CITY POLICIES
ARTICLE I
IN GENERAL
Sec. 1. Civil Rights Policy.
No person shall, on the grounds of race, color, national

origin, age or handicap, be excluded from participation in or be
subjected to discrimination in any program or activity funded, in
whole or in part, by Federal funds. Discrimination on the basis
of sex or religion is also prohibited in some Federal programs.
Further, the city shall not discriminate against any person on the
above basis or on any basis prohibited by State or Federal law
with regard to employment practices and other related areas.
Sec. 2. Political Activity Policy.
The City of Geddes recognizes that its employees are citizens

of the community, state and nation in which they live. As
citizens they may find themselves involved in partisan political
activity from time to time and ,the City Council has no objection
to such participation. However, employees of the City of Geddes
may not participate in partisan political activity on the local,
state or Federal level during any time that they are performing
the duties for which they were employed or when acting in any
official capacity as representatives of the city. Employees also
may not use city funds, equipment, buildings, supplies, materials,
stationery, postage, or similar items in connection with any
partisan political activity. Every effort must be made by
employees to disassociate themselves from the city during such
partisan political activity, particularly if that activity
involves a candidate for Federal office.
Sec. 3. Drug Free Workplace.
Employee safety is of paramount concern to the City of Geddes

and the City Council. Further, the city recognizes that employees
under the influence of alcohol, drugs, or controlled substances
while at work are a serious risk and pose a danger to themselves,
other employees and the public. Therefore, it is hereby deemed
prohibited for any employee of the city to manufacture, use,
possess, sell, distribute, ingest, or otherwise introduce into
their body alcohol, drugs, or other controlled substances while on
property owned or occupied by the city, or while on-duty as an
employee of the city. Any employee who violates this policy will
be subject to disciplinary action in accordance with these
ordinances which action may include dismissal of said employee.
Further, such disciplinary action may include, but is not limited
to, the offending employee submitting to a drug and/or alcohol
abuse evaluation, and/or requiring the offending employee to
attend and successfully complete a drug and/or alcohol abuse

rehabilitation program. Each employee of the city is hereby given
notice that adherence to this ordinance is a condition of
employment. Each employee shall report to the Mayor, their
immediate supervisor, or the City Finance Officer any convictions
or violations of the criminal drug statutes of the united States
or State of South Dakota, which convictions occur by virtue of
acts of the employee while on the premises owned or occupied by
xhe city or which occur while the employee is performing his/her
duties as an employee of the city. Such notification by the
employee must be in writing and made within five (5) days of the
date of the conviction for such offense. The aforesaid officers
shall, upon receipt of such a report by an employee advise the
appropriate officials of. the State or Federal government, if any.
Sec. 4. Notice of policy.
All city employees shall be given a copy of this policy each

year and compliance with it is a condition of employment with the
city. Each employee will also receive some instruction on the
dangers of drug abuse in the workplace, the availability of drug
counseling, rehabilitation and other assistance programs in the
area.
CHAPTER 3
POLICE
Sec. 1. Adoption of policies and procedures.
The City of Geddes may by a resolution duly adopted and

passed promulgate policies and procedures for the regulation of
the police officers who are employed by the city. Such rules and
regulation may, from time to time, be amended, revised or modified
by a resolution duly adopted and passed.
RESOLUTION # c200d(- 2
WHEREAS, Chapter 10, Article V, Firearms/Fireworks, Section 2. of the

Revised Ordinances of Geddes prohibits the discharge of fireworks within
the city limits except during specific dates and hours; and
WHEREAS, the City of Geddes is aware of and familiar with the fire
hazard associated with the discharge of fireworks during any season and
that said fire hazard is increased during a dry year; and
WHEREAS, the area within the City of Geddes is extremely dry and as a
result the fire hazard associated with the discharge of fireworks this year
is extremely high; and
WHEREAS, any fire which may be caused by the discharge of fireworks

may do substantial damage to private and public property; and
WHEREAS, the City of Geddes deems it essential to the preservation of

the public health, safety and welfare, and for the protection of public and
private property that it act responsibly with regard to the permissive
discharge of fireworks within the city limits of the City of Geddes, South
Dakota.
NOW THEREFORE, IT IS HEREBY RESOVLED that a state of emergency is

hereby declared to exist within the City of Geddes with regard to the
permissive discharge of fireworks within the city limits of Geddes due to
the extremely dry conditions and the very high risk and danger of an
extremely devastating fire which may be caused by the discharge of
fireworks within the city limits of Geddes; and it is further
RESOLVED that the discharge of any and all fireworks are hereby
prohibited within the city limits of the City of Geddes, South Dakota at
all times; and it is further
RESOLVED that any violation of this resolution will be punished in

the same fashion as if the discharge of fireworks occurred at a time when
such discharge was prohibited under the Revised Ordinances of Geddes.
The above Resolution was i~troduced a a special meeting of the

Geddes City Council on the ~A~ day of ~~~ I 2002, and was
passed by the following vote and shall b tive immediately:
AYES:
NAYS:
ABSENT:
~ m .t~v--o.-
MAYOR DANIEL MERKWAN
ATTEST:
CHAPTER 4
LICENSES
Sec. 1. Payment.
Except as otherwise provided an applicant for license shall

pay the amount of the license to the city finance officer.
Sec. 2. Conduct prohibited.
No person shall engage in any activity for which a license i

required without first having obtained a license therefor as
required by any provision of this ordinance.
Sec. 3. Application required.
Except as otherwise provide an applicant for license shall

make and file application in writing with the city finance of
on the form prescribed by the city.
Sec. 4. Issuance of license.
Except as otherwise provided all licenses shall be issued by

the city finance officer if the issuance of the license is
approved by the council and the applicant has complied with all
requirements for the issuance of the license. All license shall
be signed by the city finance officer and shall have affixed
thereto the official seal of the city.
Sec. 5. Bond, liability or deposit.
Any bond, liability insurance, or deposit required shall be

subject to the approval of the city council, and in case the city
council deems the security inadequate, it may require new or
additional security.
Sec. 6. Effective date.
Unless otherwise provided, all licenses shall take effect

when issued and shall terminate on the expiration date shown
thereon.
Sec. 7. License fee.
The fee for all miscellaneous licenses shall be $10.00.
Sec. 8. Transferability.
The license shall be transferable upon the approval of the
city council.
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Sec. 9. Posting of license.
Every persons to whom a license, is issued by the city shall

keep the same posted in a conspicuous place in the licensed
establishment.
Sec. 10. Revocation of licenses.
The city council shall have the sole and exclusive authority
to cancel or revoke licenses issued pursuant to this ordinance.
The grounds for cancellation or revocation of a license shall
include, but are not limited to, failure of the licensee to comply
with any law, rule, regulation, or ordinance, or committing fraud
or a misrepresentation on the license application.
Sec. 11. Punishment.
Any act or omission made unlawful or prohibited by any

provision of this Chapter shall be punishable by a fine not to
exceed $200.00 and in the event such violation shall be continuing
in nature, such fine shall be imposed at a rate not to exceed
$200.00 per day.
1 1
CHAPTER 5
PUBLIC AMUSEMENTS
ARTICLE I
GENERAL PROVISIONS
Sec. 1. License required.
Any person who shall open, conduct or manage any theater,

circus, concert or any other exhibitions, show or amusement for
pay within the city, shall first procure a license for so doing,
provided, no license shall be required for lectures, musical,
literary and other entertainments given or made by the citizens
of this city.
Sec. 2. License Fees.
The fees for obtaining a licenses under the provisions of

this article shall be as may from time to time be set by a
resolution duly adopted and enacted by the City Council for the
City of Geddes. Such fee scheduled shall be maintained by the
city finance officer in her official records.
Sec. 3. Payment.
Any person desiring a license of and by virtue of this

article shall pay to the city finance officer the amount provided
for such license, for which the city finance officer shall give a
receipt stating the kind of license applied for and the length of
time for which payment is made.
Sec. 4. Revocation.
Whenever complaint shall be made to the mayor that any

exhibition or performance conducted in the city under a license
has been carried on in an indecent, indecorous or improper
manner, he may, upon being satisfied of the truth of the
complaint, forthwith suspend or revoke such license; as in his
discretion he may deem proper.
Sec. 5. Waiver of application.
The City Council by a majority vote may waive the
application of this Chapter in the event it determines such
waiver is appropriate under the circumstances.
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CHAPTER 6
BUILDINGS AND GENERAL BUILDING REGULATIONS
ARTICLE I
IN GENERAL.
Sec. 1. Uniform building code adopted.
There is hereby adopted by the city for the purpose of

establishing rules and regulations for, the construction,
alteration, removal, demolition, equipment, use and occupancy,
location and maintenance of buildings and structures, including
permits and penalties, that certain building code known as the
Uniform Building Code by the International Conference of Building
Officials, 1973 Edition, as amended or revised, of which not
fewer than two (2) copies have been and now are filed in the
office of the city finance officer and the same is hereby adopted
and incorporated as fully as if set out at length herein.
All of its provisions shall be controlling in the

construction of all buildings and other structures contained
within the city.
Sec. 2. Conflict of laws.
In case of conflict between the provisions of the Uniform

Building Code, this ordinance or state law, the laws of the State
of South Dakota shall control.
Sec. 3. Responsibility of city.
The city shall not be held, by reason of this chapter, as

assuming any liability for damages to persons or property by
reason of inspections authorized herein, or any certificate
issued as provided herein, or by reason of the approval or
disapproval of any equipment authorized herein, or by virtue of
any other requirement, rule or regulation herein set forth.
Sec. 4. Fire zones established.
The boundaries of the fire zone are the municipal boundaries

as shown on the official map of the City of Geddes now on file in
the office of the city finance officer and such map is made a
part hereof and incorporated herein by this reference thereto.
Sec. 5. 911 addressing requirements.
In order to facil~tate the utilization and operation of the
l'
911 emergency response system and services to be provided within
the City of Geddes, all buildings, residences, mobile homes, or
other structures of any nature or sort, other than accessory
buildings or structures as defined herein, which are located
within the municipal boundaries of the City of Geddes, shall have
affixed to the front of the structure 'numbers which represent the
street address of same. Such numbers shall be at least three (3)
inches in height and shall be plainly visible from the street.
'ARTICLE II
BUILDING PERMITS
Sec. 1. Required.
It shall by unlawful for any person to commence or to

proceed with the erection, construction, reconstruction,
conversion, alteration, enlargement, extension, or razing of any
building or structure or any portion thereof within the city,
unless a building permit has been granted therefor in the manner
hereinafter provided. No wall, structure, building, or part
thereof, shall hereafter be built, enlarged, or altered until the
building permit is issued by the building inspector or the City
Finance Officer.
Sec. 2. Application; Required.
When any Person shall be desirous of erecting, constructing,

re-constructing, converting, altering, enlarging, extending or
razing any building or structure within the limits of the city,
he shall make a written application to the city for a permit to
carryon such work. Such application shall be on the forms
provided by the City.
Sec. 3. Same; Contents.
The application required by this ordinance shall contain

such information as may be required or deemed necessary by the
City.
Sec. 4. Denial; appeal.
If the application complies with all the requirements of the

ordinances of the City of Geddes, a building permit shall issue
and all work pursuant to said permit shall be done in accordance
with the ordinances of the City of Geddes and the laws of the
state of South Dakota.
If the application is deficient, or if the proposed building

or structure fails to meet any of the requirements of the said
ordinances or laws of the state, then within seventy-two (72)
14
hours the City Finance Officer shall notify the applicant of the
objection and refuse to grant the permit.
Any person aggrieved by the granting of or refusing to grant

a building permit as provided by this Code may appeal such
decision to the city council as provided herein. The city
council shall affirm, reverse or modify the decision of the city
finance officer. Notice of appeal shall be filed by an aggrieved
person within fourteen (14) days from the date of the granting or
refusal of the building permit. The City Council shall within
thirty (30) days after the filing of the notice of appeal hold a
hearing upon said appeal. The city Council may consider evidence
both oral and documentary at the hearing on the appeal of the
city finance officer's decision.
Sec. 5. Special permits for moving structures.
Any person proposing to move on or across the public streets

of the city any building or structure used for business,
dwelling, storage or other similar purpose, shall obtain a permit
therefor from the councilor from the city finance officer as
authorized by the council, and shall file with the city finance
officer a written application for such permit on the forms to be
provided by the City.
Sec. 6. Same; prerequisite; conditions imposed.
No building, regardless of size, shall be moved until a

permit has been obtained as provided in this article. The city
councilor its designated agent shall not issue such permit if in
their judgment the proposed new location of the structure would
seriously increase the fire hazard to the surrounding buildings,
or if moving the building or structure will or probably will
result in unreasonable damage to streets, trees, or other
property along the over which such building or structure is
proposed to be moved.
Sec. 8. Same; Bond required.
The application for a special permit shall be accompanied by

an Indemnity bond or deposit in an amount to be fixed by th8
council. Said bond shall be in an amount to assure that 2ny
damage to City property or adjoining property shall be rep2id .
The moving of any building or structure within the City of Geddes
shall be done in such a fashion so as to avoid damage to the
streets, the adjacent parking, the tress or shrubs along such
streets, the property of any municipal utility or the property of
any person. After the building or structure has been moved from
15
its location, the property shall be reclaimed to such a condition

so that same does not pose a danger to the public at large.
Sec. 9. Special permits; Plans for water and sewer required.
Before any structure is moved onio a tract of ground in this

article, a diagram showing water and sewer connections must be
presented to the governing body for approval. If said structure
is beyond the minimum distance required for connecting with the
city sewer system then the diagram must show plans for a septic
tank system which is mandatory where connection with the city
sewer is not required.
Sec. 10. Fees and penalty.
No fee shall be charged nor collected for building permits.

The fee for special permits to move a structure out of the city
shall be 4% of the difference in value which occurs as a result
of moving the structure from the City of Geddes. The values for
purposes of determining the fee herein shall be the fair market
values shown on the records maintained b\ the Charles Mix County
Assessor or Director of Equalization.
Any person in violation of this Chapter ~hall be subJect to

the following schedule of penalties:
(a) For a failure to secure a special permit to move a

structure, a fine not to exceed $200.00 for each day of
violation.
(a) For a failure to secure a building permit, a fine of
$5.00 per day for the first five business days
subsequent to and including the initial date of
violation; $10.00 per day for the next 10 day $5.00 per
day for each day of violation thereafter.
Sec. 11. Platting requirements.
No structure shall be moved onto a tract of ground within

the city which- has not been platted into lots and approved by the
governing body.
Sec. 12. Required records.
It shall be the duty of the City Finance Officer to keep a

permanent reccrd of all applications for building permits and all
moving permits issued either by the city council.
If
Sec. 13. Expiration.
Any building permit or moving permit under which no

construction work has been commenced within six (6) months after
the date of issue of said permit, or under which the proposed
construction has not been completed within two (2) years after
the date of issue, shall expire by limitation and no work or
operations shall take place under any such permit after such
expirations unless said permit has been renewed.
ARTICLE III
P~ATEMENT OF DANGEROUS BUILDINGS
Sec. 1. Definitions; Dangerous buildings.
For the purpose of this Code, any building or structure

which has any or all of the conditions or defects hereinafter
described shall be deemed to be a dangerous building, provided
that such conditions or defects exist to the extent that the
life, health, property, or safety of the public or its occupants
are endangered:
(1) Whenever a door, aisle, passageway, stairway or other

means of exit is not of sufficient width or size, or is
not so arranged as to provide safe and adequate means
of exit in case of fire or panic.
(2) Whenever the stress in any materials, member or portion
thereof, due to all dead and live loads, is more than
one and one-half(l~) times the working stress or
stresses allowed in the Uniform Building Code for new
buildings of similar structure, purpose or location.
(3) Whenever any portion thereof has been damaged by fire,
earthquake, wind, flood, or, by any other cause, to
such an extent that the structural strength or
stability thereof is materially :ess than it'was before
such catastrophe and is less than the minimum
requirements of the Uniform Building Code for new
buildings of similar structure, purpose or location.
(4) Whenever any portion or member or appurtenance thereof
is likely to fail, or to become detached or dislodged,
or to collapse and thereby injure persons or damage
property.
(5) Whenever any portion or member, appurtenance or
ornamentation on the exterior thereof is not of
sufficient strength or stability, or is not so
anchored, attached or fastened in place so as to be
capable of resisting a wind pressure of one-half of
that specified in the Uniform Building Code for new
buildings of similar structure, purpose, or location
17
without exceeding the working stresses permitted in the
Uniform Building Code for such buildings.
(6) Whenever any portion thereof has wracked, warped,
buckled or settled to such an extent that walls or
other, structural portions have materially less
resistance to winds or earthquakes than is required in
the case of similar new construction.
(7) Whenever the building or, structure, or any portion
thereof that is likely to partially or completely
collapse because of: (1) dilapidation, deterioration,
or decay; (2) faul ty construction; (3) the removal,
movement or instability of any portion of the ground
necessary for the purpose of supporting such building;
(4) the deterioration, decay, or inadequacy of its
foundation; or (5) any other cause.
(8) Whenever, for any reason the building or structure, or
any portion thereof, is manifestly unsafe for the
purpose for which it is being used.
(9) Whenever the exterior walls or other vertical
structural members list, lean or buckle to such an
extent that a plumb line passing through the center of
gravity does not fall inside the middle one-third of
the base.
(10) Whenever the building or structure, exclusive of the
foundation, shows thirty-three (33) percent or more
damage or deterioration of its supporting member or
members, or fifty (50) per cent damage or deterioration
of its nonsupporting members, enclosing or outside
walls or coverings.
(11) Whenever the building or structure has been so damaged
by fire, wind, earthquake or flood, or has become so
dilapidated or deteriorated as to become tl) an
attractive nuisance to children; (2) a harbor for
vagrants, criminals or immoral persons; or as to (3)
enable persons to resort thereto for the purpose of
committing unlawful or immoral acts.
(12) Whenever any building or structure has been
constructed, exists or is maintained violation of any
specific requirement or prohibition applicable to such
building or structure provided by the building
regulations of this city, as specified in the Uniform
Building Code, or of any law or ordinance of this state
of city relating to the condition, location, or
structure of buildings.
(13) Whenever any building or structure which, whether or
not erected in accordance with all applicable laws and
ordinance, has in any nonsupporting part, member or
portion, less than fifty (50) percent, or in any
supporting part, member or portion less than sixty-six
(66) percent of the (1) strength, (2) fire-resisting
18
qualities or characteristics, or (3) weather-resisting

qualities or characteristics required by law in the
case of a newly constructed building of like.
Sec. 2. Dangerous Buildings; Nuisanc~; Abatement

Procedure.
Any dangerous building as defined herein is hereby deemed to

be a nuisance and shall be abated in the manner and method
provided by state law for nuisances.
Sec. 3. Historical buildings or structures.
Article III and all of the provisions set forth therein

shall not apply to historical buildings or structures which are
being refurbished, which have been the subject of the award of a
grant for any reasons, or which have been designated to remain in
the current condition for significant historical reasons.
19
CHAPTER 7
REGULATION OF TRAFFIC
ARTICLE .I
Incorporation of State Laws
Sec. 1. Incorporation of code.
All of the provisions of SDCL Chapter 32-12 through 32-35,

~inclusive,as amended or revised, are hereby incorporated herein
by this reference thereto as a part of this chapter.
ARTICLE II
Definitions
Sec. 1. Definitions.
For purposes of this chapter, the following words shall have

the meanings indicated, unless the context clearly indicates
otherwise:
a. "Business district means the territory contiguous to a

street when fifty (50) percent or more of the frontage
thereon for a distance of three hundred (300) feet or
more is occupied by buildings in use for business.
b. Crosswalk means that part of a street at an intersection

included within the connections of the lateral lines of
the sidewalks on opposite sides of the street measured
from the curbs or, in the absence of curbs, from the
edges of the traversable roadway; or any portion of a
roadway at an intersection or elsewhere distinctly
indicated for pedestrian crossing by lines or other
markings on the surface.
c. Double parking means the standing of a vehicle upon a

street at the rear of another vehicle which is parked
diagonally at the curb, or the standing of a vehicle upon
the street alongside and parallel to another vehicle
which is parked parallel to the curb.
d. Intersection means the area embraced within the

prolongation of the lateral curblines, or, if none, then
the lateral boundary lines of two (2) or more streets
which join one another at an angle, whether or not one
such street crosses the other; but such area, in the case
of the point where an alley and a street meet, shall not
be deemed an intersection.
e. Motor vehicle means every vehicle as herein defined which

is self-propelled.
'. U
f. Owner means a person who holds the legal title of a

vehicle or in the event a vehicle is the subject of an
agreement for the condition~l sale or lease thereof with
the right of purchase upon performance of the conditions
stated in the agreement and with an immediate right of
possession vested in the conditional vendee or lessee, or
in the event a mortgagor of a vehicle is entitled to
possession, then'such conditional vendee or lessee or
mortgagor is the owner for the purpose of said chapters.
g. Parkway means the paved or unpaved strip of land

paralleling the public roadway or located between the
curbline and the property line or platted street
boundary.
h. Park or parking means the standing of a vehicle, whether

occupied or not, otherwise than temporarily for the
purpose of and while actually engaged in loading or
unloading merchandise or passengers.
i. Private road or driveway means every road or driveway not

open to the use of the public for purposes of vehicular
travel.
j. Public roadway means that portion of a street designated

or commonly used for vehicular traffic, and where curbs
are laid, that portion from back to back of such curbs.
k. Residence district means the territory contiguous to a

highway not comprising a business district when the
frontage on such street for a distance of three hundred
(300) feet or more is mainly occupied by dwellings or by
dwellings and buildings in use for private residence.
1. Right-of-way means the right of one vehicle or pedestrian

to proceed in a lawful manner in preference to another
vehicle or pedestrian approaching under such
circumstances of direction, speed and proximity as to
give rise to danger of collision unless one grants
precedence to the other.
m. Safety zone means the area or space officially set aside

within a highway for the exclusive use of pedestrians and
which is so plainly marked or indicated by proper signs
while set apart as a safety zone.
n. Sidewalk means that portion of a street between the curb

lines, or the lateral lines of a roadway, and the
adjacent property lines intended for use of pedestrians.
21
o. Street means every way or place of whatever nature open
to the use of the public, as a matter of right, for the
purposes of vehicular travel. The term "street" shall
not be deemed to include a roadway or driveway upon
grounds owned by private persons, or other institutions.
p. Vehicle means every device in, upon, or by which any

person or property is or may be transported or drawn upon
a public highway, except devices moved by human power or
used exclusively upon stationary rails or tracks,
including bicycles and ridden animals.
ARTICLE III
Prohibited Uses of Vehicle
Sec. 1. Riding on outside of motor vehicle.
a. It shall be unlawful for any person to ride upon the

running board, fender, top, hood, trunk or bumper .of any
motor vehicle while such vehicle is in motion except when
such vehicle is participating in a duly authorized
parade.
b. It shall be unlawful for any driver or person in charge

of any motor vehicle to permit any person to ride on the
running board, fender, hood, trunk or bumper thereof
while the same is in motion.
Sec. 2. Clinging to motor vehicle.
It shall be unlawful for any person traveling upon any

bicycle, motorcycle, coaster, sled, roller skates, roller blades,
any toy vehicle, or any other similar type of apparatus to cling
to or attach himself or any vehicle to any other moving vehicle
upon any roadway.
Sec. 3. Riding on handlebars.
It shall be unlawful for the driver of any bicycle or

motorcycle on a highway to carry any other person upon the
handlebars, frame or tank of any such vehicle or for any person to
ride upon any such vehicle.
ARTICLE IV
Signs
Sec. 1. Council to determine and designate by resolution;
uniformit~ with state system.
22
The council shall, by resolution, determine and designate the
character or type of all official traffic signs, provided that all
official traffic signs now erected and now in operation are hereby
designated official traffic signs and provided further, such signs
shall be uniform, so far as practicable, with the state highway
signs and shall be uniform, so far as practicable, throughout the
city.
Sec. 2. Installation and maintenance.
The chief of police or police commissioner is hereby

authorized, and it shall be his duty to cause to be placed and
maintained, all official signs.
Sec. 3. Intersections.
It shall be the duty of the chief of police or police

commissioner to cause to be placed and maintained upon each and
every highway intersecting any through highway, appropriate stop
signs or yield-right-of-way signs, which shall be illuminated at
night or so placed as to be illuminated by the headlights of an
approaching vehicle or by streetlights.
Sec. 4. Crosswalks.
The chief of police or police commissioner is hereby

authorized to establish and to designate and shall thereafter
maintain by appropriate devices, marks or signs, upon the surface
of the highway, crosswalks, approximately equal in width to the
adjacent sidewalk at all intersections where, in his opinion,
there is particular danger to pedestrians crossing the highway.
Sec. 5. Safety zones; traffic lanes.
Where he deems it necessary for the safety of pedestrians,

the chief of police or police commissioner is hereby empowered to
establish safety zones on any highway, and to cause the same to be
clearly marked. He is also authorized to mark lanes for traffic
on pavements at such places as he deems it advisable.
Sec. 6. Obedience to signs.
No person shall violate any rule, regulation, traffic

direction, sign or marking adopted, prescribed or established in
accordance with this chapter unless otherwise directed by a police
officer. No person shall refuse or fail to comply with any lawful
order, signal or direction of a police officer.
23
Sec. 7. Unauthorized signs prohibited.
It shall be unlawful for any person to place or maintain

or to display upon or in view of any highway any unofficial sign
or device which purports to be or is an imitation of, or resembles
an official traffic sign or which attempts to direct the movement
of traffic. Every such prohibited sign or device is hereby
~eclared to be a public nuisance and the chief of police is hereby
empowered to remove the same or cause it to be removed without
notice.
Sec. 8. Interference with official signs.
It shall be unlawful for any person to willfully deface,
injure, move, obstruct or interfere with any official traffic
sign.
ARTICLE V
Operation
Sec. 1. Speed limits established.
Unless otherwise posted, speed limits within the city shall

be twenty (20) miles per hour in the central business district and
twenty-five (25) miles per hour in residential districts. A
violation hereof is punishable by a fine calculated in accordance
with the bond schedule maintained by the Charles Mix County Clerk
of Courts.
Sec. 2. Vehicles prohibited in recreation areas.
It shall be unlawful for the driver or operator or a motor

vehicle to drive or operate said motor vehicle in or upon any
public park, playground or other public recreation area or upon
any school grounds in the city except upon a street, alley or
driveway designated for motor vehicle travel, or except when such
vehicle is being used for some authorized work or purpose or for
loading or unloading goods and materials.
Sec. 3. Funeral processions.
It shall be unlawful for the driver of any vehicle to drive
between the vehicles compromising a funeral or other authorized
procession while they are in motion. This provision shall not
apply at intersections where traffic is controlled by a police
officer.
Sec. 4. Boarding or alighting from moving vehicles.
It shall be unlawful for any person to board or alight from

any vehicle while such vehicle is in motion.
Sec. 5. Passing vehicle yielding right-of-way to pedestrians.
Whenever any vehicle has stopped at a marked crosswalk or at

any intersection to permit a pedestrian to cross a highway or
entrance to an alley, it shall be unlawful for the operator of any
other vehicle approaching from the rear to overtake and pass such
stopped vehicle.
Sec. 6. u-turns.
U-turns shall be permitted in the areas designated by the

City Council by a resolution duly adopted and enacted. It shall
be unlawful for any person in the City of Geddes to make a U-turn
in areas not designated for such activity.
Sec. 7. Driving over sidewalk.
The driver of a motor vehicle shall not drive such vehicle

upon any sidewalk except at a per~anent or temporary driveway.
Every person driving any vehicle to or from an alley, lot or
building across any sidewalk shall give ample notice and warning
of his approach and in the business district shall come to a full
stop before crossing the sidewalk.
ARTICLE VI
Regulation of Traffic During Emergency
Sec. 1. Definition.
a. Fire apparatus as used herein shall mean fire trucks and

other emergency vehicles carrying members of the fire
department.
b. Emergency vehicle as used herein shall mean any vehicle

which is duly designated as such by either the state of
South Dakota or any of its political subdivisions and
which is equipped with either a bell, siren or exhaust
whistle, and red strob, rotating or other similar lights
which are capable of emitting a visual signal which is
easily visible to pedestrians or other traffic.
Sec. 2. Emergency vehicles.
Operation of emergency vehicles shall be governed by the
applicable provisions of the Codified Laws of the State of South
Dakota and all amendments and revisions thereof.
Sec. 3. Regulation of traffic during emergency.
It shall be unlawful for any driver of a vehicle, after a
25
fire alarm has been sounded and prior to the time when the fire,
on account of which said alarm was sounded, is extinguished, to
fail to obey the following regulations:
a. Immediately upon the approach of any fire apparatus

to a fire all other vehicles shall draw as near as
possible to the right hand curb or edge of the
roadway and remain standing until such fire
apparatus shall have passed.
b. All drivers of vehicles shall grant the right-of-way

to fire apparatus going to a fire.
c. It shall be unlawful for the driver of any vehicle,

other than one on official business, to follow any
fire apparatus traveling in response to a fire alarm
closer than five hundred (500) feet or to drive into
or park such vehicle within the block where fire
apparatus has stopped in answer to a fire alarm.
d. No driver of a vehicle other than fire apparatus

shall park or stop within fifteen (15) feet of any
fire hydrant.
e. No person shall obstruct any fire apparatus going to

a fire or hinder or obstruct any member of the fire
department who is at the time in the discharge of
his duty as a fireman. Hindering or obstructing, as
used in this provision, shall include, but is not
limited to, a person who, knowing that a fireman is
responding to an emergency fire alarm and is enroute
to the fire station or the location of the fire,
intentionally fails to allow such fireman to pass or
proceed directly to either the fire station or the
fire location.
f. No person shall drive upon or over or in any way

interfere with a fire hose without the consent of
the fire department official in command.
g. No person shall approach within a distance less than

one hundred fifty (150) feet of a fire unless he is a
member of the fire department or is called upon by
members of the fire department for assistance.
ARTICLE VII
Accidents
Sec. 1. Procedures at scene of accident.
All persons involved in any accident within the city shall

follow the requirements set forth by South Dakota law with regard
to the reporting, investigation, and attendance of injured parties
involved in an accident. All of the'statutes of the State of
South Dakota set forth in SDCL Chapter 32-34, as revised and
amended, are hereby fully incorporated herein by this reference
thereto.
ARTICLE VIII
Parking
Sec. 1. Regulation of parking areas.
The city council from time to time, by resolution, may

establish, and cause to be designated and marked, streets and
parts thereof where vehicles may be parked for limited periods
only or similarly may establish no parking areas. Any and all
resolutions establishing parking restrictions or prohibitions
within the city and enacted pursuant to the prior provision of
this ordinance shall remain in effect and enforcible.
Sec. 2. Parking on private property; penalty.
It shall be unlawful and a violation of this section for the

operator of any motor vehicle to leave or park the same on the
property of another without permission to do so from the owner or
person in possession thereof.
Sec. 3. Records required.
The city finance officer shall keep an account of all

violations of the provisions of this chapter, which record shall
contain such information as may be required by resolution of the
council.
ARTICLE IX
Inclement Weather Restrictions
Sec. 1. Stalled vehicles.
No person operating a motor vehicle upon the public streets

shall allow such vehicle to become partially or wholly stalled so
as to impede street cleaning or other traffic within the roadway
because of the condition of the streets.
Sec. 2. Abandoned vehicles in snow prohibited.
No person operating a motor vehicle upon the public streets

which has been stalled and/or improperly parked within the roadway
because of the condition of the streets shall abandon such vehicle
within the roadway. Such vehicle shall be considered abandoned if
the owner or operator is not with the vehicle.
ARTICLE X
Snowmobiles
Sec. 1. Definition.
For the purposes of this article, the following word shall

have the meaning indicated unless the context clearly indicates
otherwise:
Snowmobile shall mean any engine-driven vehicle of a type

which uses sled type runners, wheels, or skis with an
endless belt tread or similar means of contact with the
surface upon which it is operated.
Sec. 2. Automobile rules of the road applicable.
Except as otherwise specifically provided in this article,

every operator of any snowmobile shall adhere to and observe all
traffic signs and all traffic rules and regulations imposed by
statute or ordinance and applicable to other vehicles and shall
obey all orders and directions of any police officer authorized to
direct and regulate traffic.
Sec. 3. Driver's license required.
No person shall operate a snowmobile on a public street in

the city without having in his possession a valid driver's
license.
Sec. 4. Crossing intersections.
No operator of a snowmobile shall drive the same across any

street except at an intersection of such street with another
street or alley, and shall yield the right-af-way to all other
vehicles approaching said intersection from any direction.
Sec. 5. Operation on sidewalks.
Na person shall operate a snowmobile upon any public
sidewalk or upon the parking area within any platted street.
Sec. 6. Equipment.
All snowmobiles operated within the city shall be properly
equipped with legal and safe equipment.
Sec. 7. Safety regulations.
a. It shall be unlawful for any person to operate a

snowmobile in the city under the circumstances or in
the manner following:
)~)
,-t
1) At any time or place where there is less than an
accumulation of four (4) inches of snow, except on
the regularly traveled portion of streets;
2) At a speed greater than is reasonable or proper
under all existing circumstances;
3) At any time on public park property, recreation
areas, or golf courses, without the express
permission of the commissioner of parks and
recreation, or on any public school property
without express permission of the superintendent
of schools, provided, however, the commissioner of
parks and recreation shall have authority to
supervise and regulate events or programs
conducted by the park and recreation department In
which snowmobiles are used;
4) In a careless, reckless or negligent manner so as
to be likely to endanger the person or property of
another or to cause injury or damage thereto;
5) In such a manner as to create any loud or
unnecessary or unusual noise likely to disturb or
interfere with the peace and quiet of any other
person;
6) Between the hours of 11:00 P.M. and 7:00 A.M.,
except when returning to the operator's residence
by the most direct route available; or
7) While under the influence of intoxicating liquors
or drugs.
b. At all times during operation, whether during

daylight or darkness, the operator of any snowmobile
shall keep lighted the headlight and taillight
thereon.
ARTICLE XI
Pedestrians
Sec. 1. Rights and duties generally.
a. At uncontrolled intersections or alleys. The

operator of any vehicle shall yield the right-of-way
to a pedestrian crossing a roadway within any marked
crosswalk or within any unmarked crosswalk at the end
of a block, or an entrance to an alley, except at
intersections where the movement of traffic is
r 7gulated by police officers or traffic control
slgns.
Whenever any vehicle has stopped at a crosswalk or

intersection to permit a pedestrian to cross a
roadway or entrance to an alley, it shall be unlawful
2~
for the operator of any other vehicle approaching
from the rear to overtake and pass such stopped
vehicle.
b. At any other point. Every pedestrian crossing a

roadway at any point other than described in paragraph
a. above shall yield the right-of-way to vehicles upon
the roadway, provided that this provision shall not
relieve the driver of a vehicle from the duty to
exercise due care for the safety of pedestrians.
ARTICLE XII
Enforcement
Sec. 1. Procedure in certain cases.
a. Cases designated; manner of arrest. Except in cases

of driving while intoxicated or under the influence
of alcoholic beverage, or any stupefying or
exhilarating drug, and except in the more serious and
aggravated cases of speeding or careless and reckless
driving, and except when reasonably necessary to
secure appearance, a person charged with violation of
the traffic code of the city by a police officer need
not be arrested in the regular manner but may be
first given an opportunity, after notice or summons,
to appear voluntarily to answer for such traffic
violation.
b. Notice to appear. A person charged with violation of

the traffic provisions shall be given a written
notice or summons to appear before the court at the
time stated in such notice or summons and that in
event of failure to do so, a warrant will be issued
for his arrest. The notice or summons shall state
the name and address of the offender, if known, the
license number and make of the vehicle involved in
the violation, the nature, date and location of the
offense and the time and place where the offender is
to appear to answer the charge. The notice or
summons shall be signed by the police officer
executing it or the city attorney. A notice shall be
made in triplicate, one copy to be given to the
person charged with the offense or to be left in or
upon the vehicle involved in the violation, and one
copy to be filed with the finance officer. A summons
shall be issued by filing the original with the
Charles Mix County Clerk of Courts, serving the
defendant with a copy and filing a copy with the city
finance officer.
c. Appearance; deposit of fine. A person who has
received a notice of traffic violation or a summons
to appear shall appear ~t the time and place
specified in such notice or summons. In cases of
nonmoving violations and cases of failure to stop at
a stop street or sign which are not serious and
aggravated cases, the person charged shall appear at
the Charles Mix County Clerk of Courts Office and
upon making the deposit for the fine and a statement
authorizing such clerk to enter his plea of guilty to
the offense, he shall not be required to appear in
court.
d. Failure to appear. Upon failure of a person to

appear in response to a notice of traffic violation
or a summons as herein provided, he shall be subject
to arrest in the manner otherwise provided by law.
Sec. 2. Violation of this chapter; punishment.
Any violation of the provisions or sections of this chapter

shall be punishable by a fine not to exceed two hundred dollars
($200.00). Upon a conviction for a violation of any of the
provisions or sections herein, the court shall use the bond
schedule set forth by the presiding Circuit Court Judge, First
Judicial Circuit of the State of South Dakota as a guideline for
rendering a fair and equitable fine for a violation of the
provisions or sections set forth herein. In all cases the court
shall assess costs against the violating party in an amount
consistent with the State of South Dakota court cost schedule.
ARTICLE XIII
Judicial Determination
Sec. 1. Savings clause.
If any provision or section herein should be determined by a

court of competent jurisdiction to be unconstitutional, such
determination shall not render the remaining provisions or
sections herein unconstitutional or unenforcible.
ARTICLE XIV
Validity
Sec. 1. Ordinances in conflict.
All ordinances or parts of ordinances In conflict herewith

are hereby repealed.
Sec. 2. Invalidity.
The invalidity of any section, clause, sentence, or provision

of this ordinance shall not affect the validity of any other part
of this ordinance which can be given effect without such invalid
part or parts.
CHAPTER 8
ALCOHOLIC BEVERAGES
ARTICLE .1
DEFINITIONS
Sec. 1. Definitions.
For the purposes of this chapter the definitions set out In

?DCL 35-1-1 shall apply.
ARTICLE II
LICENSE REQUIREMENTS
Sec. 1. License required.
Except as provided herein, no person shall sell, barter,

exchange or distribute any intoxicating liquor or alcoholic
beverages in the city without having first obtained a license.
Sec. 2. City monopoly.
Only the City may apply for and receive licenses for the sale
of intoxicating liquor or alcoholic beverages by the package at
retail in the city.
ARTICLE III
PROHIBITIONS AND HOURS OF OPERATION
Sec. 1. Hours of operation.
The hours of operation and prohibitions set forth in the

codified laws of the State of South Dakota, as amended or revised,
with regard to, but not limited to, the sale, consumption,
ingestion, service, licensing, dispensing, or possession of
alcoholic beverages of any kind, nature or sort, are hereby
incorporate herein and shall be adopted by the City of Geddes.
Such laws as adopted by the City of Geddes shall apply in all
respects to the City of Geddes and all alcoholic beverage
licensees.
ARTICLE IV
OPEN CONTAINERS PROHIBITED
Sec. 1. Open containers.
No person shall take, carry, or have in his possession upon a

street, alley or sidewalk or park or public grounds of the city
or in any public place, other than upon the premises of a licensed
on-sale dealer where such alcoholic beverages were purchased from
said dealer for on-sale purposes, any open can, bottle, or other
container in which there shall be any quantity of beer or other
alcoholic beverage. For purposes of this section "public place"
shall mean any place, whether within or without a building,
commonly or customarily open to or used by the general public. A
violation hereof shall be punishable, by a fine not to exceed
$200.00 for each offense.
Sec. 2. Temporary permits.
Nothing herein shall 'limit or restrict the governing body of

_said city from duly issuing special temporary permits to
responsible persons, organizations, or entities upon appropriate
application for exemption from the foregoing provision.
ARTICLE VI
FEES
Sec. 1. Fees.
The annual fee in addition to the basic license fee for the
licensee shall be as established by the council by a duly adopted
resolution, amendment to this ordinance, or pursuant to an
agreement entered into with the city.
Geddes Animal Ordinance
1st Reading February 12,2007
2 nd Reading March 12, 1007
Published March 15,2007
Article I
Introduction
Section 101 Possessing Pets
The purpose of this ordinance is to describe the conditions and requirements allowing citizens to keep
animals within the City of Geddes, and to describe the City's responsibilities to its citizens regarding the
humane and appropriate keeping of animals within the City.
Section 103 Animals as Nuisances
The keeping of animals on any personal land in the city shall not be on a scale creating a nuisance. It is
considered a nuisance and shall be unlawful for any person to keep and maintain (other than the care and
treatment of injured or abandoned birds and animals by people licensed for that purpose) or to sell native
fur bearers, bears, mountain lions, bobcats, lynx, panthers, endangered species, exotic cats, or venomous
snakes.
Section 105 Owner Responsibility
No person shall create or maintain any condition or operate any equipment or keep any animal, fowl, pet,
or insect under his jurisdiction in such a way that such condition or operation causes or is likely to cause
the transmission of diseases from animals or insects to man.
Section 107 Effective Date
This ordinance shall be effective upon passage thereby requiring adherence by all parties owning, leasing,
or renting property within the city limits of Geddes. In those instances where an ongoing activity is
prohibited by provisions of this ordinance the owner shall be allowed sixty (60) days beyond the effective
date of this ordinance to comply with said provisions. Upon closure of the sixty (60) day grace period, all
properties shall be in compliance or face penalties as provided herein.
151 Reading February 12,2007
Published March 15, 2007
Article II
Definitions
Section 201 Terms Defined
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Section 203 Definitions
Animal - Any live creature, both domestic and wild, except humans. "Animal" includes fowl, fish
and reptiles.
Animal Control Officer - The person or persons designated by the governing body to be responsible
for the care and maintenance of the animal shelter and to work with other law enforcement officials in
the enforcement of this chapter.
Animal Shelter - A building and facilities therein approved by the City Council and the Animal
Control Officer for the impounding of animals.
Anti-Escape - Any housing, fencing or device which a guard dog cannot go over, under, through or
around.
At Large
1. An animal when off or away from the premises and not under the control of the owner,
possessor, keeper, agent, servant, or a member of his immediate family by a leash.
2. An animal when on the premises of the owner, possessor, keeper, agent, or servant if not
attended by a competent person unless the animal is chained, restrained, enclosed, or
confined in a manner preventing it from leaving the premises.
Cruelty - Any act or omission whereby unjustifiable physical pain, suffering or death of an animal is
caused or permitted, including failure to provide proper drink, air, space, shelter or protection from
the elements, a sanitary and safe living environment, veterinary care or nutritious food in siphoned
quantity. In the case of activities where physical pain is necessarily caused, such as medical and
scientific research, food processing, customary and normal veterinary and agricultural husbandry
practices, pest elimination, and animal training and hunting, "cruelty" shall mean a failure to employ
the most humane method reasonably available.
Disturbance - The act of disturbing the peace and quiet of the neighborhood by continuous barking
or making other loud or unusual noises.
Housing - means any location where the pet is kept.
Impound - Taking into custody of an animal by any law enforcement officer, animal control officer,
or any authorized representative thereof.
,.,
.J
1sl Reading February 12,2007
2nd Reading March 12, 1007
Leash - A cord, thong or chain by which an animal is controlled by the person accompanying it.
Nuisance - The act of destroying or defacing property or causing injury to persons or domestic
animals.
Owner - Any person keeping, maintaining or having in their custody or control an animal. The
occupant of any premises on which an animal remains or to which it customarily returns daily for a
period often (l0) days is presumed to be keeping the animal within the meaning of this Ordinance.
Vicious Animal
1. An animal which, in a vicious or terrorizing manner approaches in an apparent attitude of

attack, or bites, inflicts injury, assaults or otherwise attacks a person or other animal upon the
streets, sidewalks, or any public grounds or places provided that the animal has not been
provoked to do so by teasing, tormenting, abusing or assaulting the animal.
2. An animal which, on private property, in a vicious or terrifying manner, approaches in an

apparent attitude of attack, or bites, inflicts injury, assaults or otherwise attacks a mailman,
meter reader, serviceman, journeyman, delivery man, or other employed person, or other
animal who is on private property by reason of permission of the owner or occupant of such
property or who is on private property by reason of a course of dealing with the owner of
such private property.
3. No animal may be declared vicious if the injury or damage is sustained to any person or
animal who is committing a willful trespass or other tort upon premises occupied by the
owner or keeper of the animal, or who was teasing, tormenting, abusing or assaulting the
animal or was committing or attempting to commit a crime.
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2 Reading March 12, 1007
Article III
General Regulations
Section 301 Permitted Animals
Animals purchased from a licensed pet store in the State of South Dakota are allowed by this ordinance
and may be kept in the City. Nothing in this section shall be deemed to prohibit the keeping of domestic
cats (felis domesticus), European polecats or ferrets (Mustela putorius foro), and domestic dogs (Canis
familiaris), as long as license or permit procedures are followed.
Section 303 Prohibited Animals
Livestock, native species, and exotic pets are prohibited within the City of Geddes. Common animals
hereby identified as prohibited shall include but is not limited to: cattle, sheep, goats, horses, alligators,
crocodiles, caymans, raccoons, skunks, faxes, bears, sea mammals, poisonous snakes, hybrids, members
of the feline species other than domestic cat (felis domesticus), members of the canine species other than
domestic dog (canis familiaris), domestic fowl of the order Galliformes (chickens, turkeys, grouse,
pheasants), and the order Anseriformes (ducks and geese) or any other animal that would require a
standard of care and control greater than that required for customary household pets.
Section 305 Number of Animals
It is unlawful for any person to have or to keep more than four permitted animals over the age of six
months, except birds and fish, on any lot or premises in the city, unless such person residing on or in the
lot or premises has a valid kennel license issued by the city. The city, veterinarian offices, and licensed
pet stores are exempt from the provisions of this section.
Section 307 Running at Large
It shall be unlawful for any owner of a dog to allow his dog to run at large at any time beyond the limits
of the land of its owner, and upon the streets, sidewalks, or other public or private property. For the
purpose of this section, a dog shall be considered not to be at large whenever the dog is under the
immediate control of a person by means of a leash, chain, cord or rope not more than six (6) feet in length
and of sufficient strength to control the dog.
Section 309 Cruelty Prohibited
No owner of any animal shall permit such animal to be subjected to cruelty.
Section 311 Defecation Removal
No owner of any animal shall allow such animal to defecate on publ ic or private property other than his
own. If such animal does defecate on public or private property, the owner must immediately and
thoroughly clean the fecal matter from such property.
5
Anyone walking an animal on public or private property other than his own must carry with him visible
means of cleaning up any fecal matter left by the animal. Animals used in parades, involved in law
enforcement, or utilized as service animals are exempt from this subsection.
Section 313 Abandonment Prohibited
No person shall abandon an animal in the city.
Section 315 Stray or Abandoned Animals
No person shall harbor or keep any stray animals. Animals known to be strays shall be immediately
reported to the Animal Control Officer.
Section 319 Transmission of Disease
No person shall create or maintain any condition or operate any equipment or keep any animal, fowl, pet
or insect under his jurisdiction in such a way that such condition or operation causes or is likely to cause
the transmission of diseases from animals or insects to man.
Section 321 Poison
Unless recommended by the Animal Control Officer, it shall be unlawful for any person to:
1. Willfully administer or cause to be administered, poison of any sort whatsoever to any animal,
that is the property of another with the intent to injure or destroy such animal, or
2. Willfully place any poison or poisoned food where the same is accessible to any such animal.
Section 323 Disturbing the Peace
1. The owner or custodian of an animal shall not allow the animal to create a disturbance by making
loud noises any time of the night or day.
2. Any Animal Control Officer or police officer may remove and impound any animal which is
disturbing the peace when the owner of the animal cannot be located. A notice advising the owner
of the impoundment shall be left on the premises.
3. Any person having custody or control of any female dog or cat in heat shall be required to keep
such dog or cat confined in a building, secure enclosure, veterinary hospital, or boarding kennel
so that it cannot attract or come into contact with another animal on public or private property
except for controlled breeding purposes.
Section 325 Trapping of Animals
No person without permission of the Animal Control Officer shall set, allow to be set, or use any trap for
the purpose of catching any animal, which trap could injure or kill any animal, except rodent traps in the
interior of a building, and except by persons employed by or agents of a governmental authority for
purposes of the city's health and welfare.
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15t Reading February 12, 2007
Section 327 Hunting prohibited
No person shall hunt game in the city. Game means any wild bird or animal hunted for sport or for use as
food. Hunt means to pursue game while in possession of a firearm or weapon for sport, food, or to kill.
This section does not apply to law enforcement officers or Animal Control Officers in the discharge of
their official duties.
Section 317 Rabid Animals
No person shall knowingly keep any animal infected with rabies or any animal that has been bitten by an
animal that has been infected with rabies.
Section 333 Report of Suspected Rabies Cases
Any person who shall suspect that any animal in the city is infected with rabies shall report said animal to
the Animal Control Officer, or the local law enforcement, describing the animal and giving the name and
address of the owner if known.
Section 335 Impoundment for Observation
Anytime the Animal Control Officer or any law enforcement officer suspects an animal within the City is
infected with rabies, the City may require it to be impounded for observation as hereinafter provided.
When any owner of an an imal has been notified that the an imal has bitten or attacked any person, the
owner must within 24 hours place the animal under the care and observation of the Animal Control
Officer or a licensed veterinarian. The period of observation shall be a period of not less than ten days
except in those cases when an animal has bitten or attacked while on the premises of the owner and the
owner has a current rabies vaccination for the animal. The Animal Control Officer, or any law
enforcement officer, may, if he feels the facilities are adequate and if the owner is a responsible person,
quarantine the animal on the owner's premises. In this case the owner must sign a statement and
understand the responsibility and assume the liability that is involved with the quarantine of an animal
that has bitten. The quarantined animal must at all times be available for inspection during the quarantine.
At the end of the ten-day observation period the animal shall be examined by a licensed veterinarian and,
if cleared, may be reclaimed by the owner and the owner must pay the expenses incurred incident thereto.
Any animal impounded or placed for observation, showing active signs of rabies, suspected of having
rabies or known to have exposed to rabies shall be confined under competent observation for such time as
may be deemed necessary to determine a diagnosis in such a manner that the head is not damaged and
cam be submitted for a rabies examination to a laboratory.
Section 337 Destruction of Rabid Animals
Any animal reasonably believed to have rabies, and if, under the circumstances, it is not reasonable to
impound or to attempt to seize that animal for the purpose of further observation, a law enforcement
officer or the Animal Control Officer may destroy the animal. The owner shall pay any expense incident
to the impoundment destruction of diagnosis of rabid animals thereof. Neither the City nor any person
authorized by this section shall be liable for the destruction of any animal when done under circumstances
as set forth in this section.
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Section 339 Contracting for Care
The City Council is hereby authorized to enter into any contract with any person, aSSOCiatIon or
corporation for the housing, care, disposition or destruction of animals impounded under the provisions of
this Ordinance.
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1st Reading February 12, 2007
Article IV
Licensing and Immunization Requirenlents
Section 401 License
Any owner or keeper of a dog or cat of the age of six months or over shall, within 30 days of the
acquisition of such animal or within 30 days of the time such animal becomes six months old obtain an
appropriate license. All owners of licensed pets shall renew each license annually in the same manner as
the original issuance.
Section 403 License Application
Application shall be made on a form furnished by the City Finance Officer, and shall be filed with said
City Finance Officer. Such application form shall require the applicant to provide:
1. The breed, sex, color and other distinguishing characteristics of said dog or cat, the pet's name,
and the name of the owner thereof.
2. A statement that said dog or cat has no vicious propensities so far as known to the application.
3. A certificate by a registered Veterinarian showing that such dog or cat has been inoculated or has
a continuing immunity against Rabies within six (6) months of such application
It shall be the duty of the City Finance Officer at the time of the issuance of the license herein provided
for, to furnish and deliver to said applicant, a metallic fiber or plastic tag for each dog and cat for which
such license is issued. The tag shall be stamped or engraved with the registered number of the dog or cat
and the year when registered. It shall then be the duty of the owner of the dog or cat to place a collar
around the neck of such animal so owned and kept by him, on which collar shall be securely fastened a
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 thereof upon payment of the actual cost of same upon
application being made therefore, and upon satisfactory proof that such tag has been lost.
Licenses issued pursuant to this Section are valid from January 1 through December 31. Costs will be
prorated by quarters.
The owner shall contact animal control to report change of ownership, loss, or death of a licensed animal.
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1sl Reading February 12, 2007
Section 405 Fee Schedule
The City Council may in special circumstances, after a hearing by the board, exempt the license fee in
individual cases. Unless an exemption has been secured the fee for an original and a renewal dog or cat
I icense shall be as follows:
1. Neutered male dog or cat $5.00
2. Spayed female dog or cat $5.00
3. Non-neutered male dog or cat $10.00
4. Non-spayed female dog or cat $10.00
In the case of spayed or neutered animals, the applicant must furnish a registered Veterinarian's
statement confirming that fact.
Section 407 Agent Fees
Places of business designated by the governing body to make available animal licenses to owners may
charge up to $1.00 for each new or renewal license in order to defray the costs of providing the licensing
service and the recordkeeping expense associated therewith.
Section 409 Immunizations
Every animal, except fowl, fish and reptile, authorized by this ordinance held as a domestic pet in the city,
three (3) months of age or older, is hereby required to be immunized against rabies by a licensed
veterinarian or other qualified person. Immunization against rabies shall be given by such intervals to
guarantee immunity, and the minimum time period between vaccinations shall be determined by the
available vaccine and based upon the recommendations and approval of the state veterinarian. Any owner
acquiring an animal authorized by this ordinance by purchase, gift, birth or other method shall have such
animal immunized against rabies immediately after acquisition or when the animal reaches the age of
three (3) months. In the event no immunization serum is available for a particular animal, then it need not
be immunized.
Section 411 Immunization Tag
All veterinarians or other qualified persons designated by the health officer to immunize animals against
rabies shall provide the owner at the time of immunization with a metallic tag bearing the date of the
immunization. All animals shall have said tag affixed to a collar, harness or chain when off the premises
of the owner.
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Article V
Vicious Aninlals
Section 501 Declaration
An animal may be declared to be vicious by the City Council, law enforcement officers, or the attending
physician of the victim of an animal bite or scratch may request such a declaration, under the definition
provided herein.
Section 505 Notification
When the City Council, law enforcement officer, and/or attending physician declares an animal to be
vicious, the City Council, law enforcement officer, and/or attending physician shall notify the owner of
such declaration in writing that such animal must be registered as a vicious animal within five business
days after the receipt of such written notice. Said notice shall be served either in person or by mailing
such notice by certified mail.
Section 507 Registration
The owner of an animal that has been declared vicious shall make application to the City Council to
register such vicious animal and shall notify the City Council of any changes in the following:
1. Ownership of the animal;
2. Name, address and telephone number of a new owner;
3. Address change of the owner or any change in where the animal is housed;
4. Any change in the health status of the animal; and
5. Death of the animal.
Section 507 Compliance Required
The owner or keeper of an animal that has been declared vicious then must comply with the following:
1. If the animal is kept indoors, the animal shall be under the control of a person over 18 years of
age.
2. If the animal is outdoors and attended, the animal shall be muzzled, on a leash no longer than six
(6) feet and under the control of a person over 18 years of age.
3. If the animal is outdoors and unattended, the animal must be locked in an escape proof kennel
approved by the Animal Control Officer or his representative.
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1st Reading Febmary 12,2007
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Section 509 Animals off Premises
Any vicious animal found off the premises of its owner, other than as provided for in this Article, shall be
seized by the Animal Control Officer or any law enforcement officer and impounded. If the animal cannot
be captured, it may be destroyed. If the animal has been running at large, or bites a person, or bites
another animal, the Animal Control Officer or any police officer may order the owner to deliver the
animal to the City or other predetermined location within 24 hours. The owner shall be ordered to appear
in court to show just cause why this animal shall not be destroyed. If the owner of the animal fails to
deliver the animal as ordered, the Animal Control Officer or any law enforcement officer shall use such
means as is necessary to impound the animal.
Section 511 Kennel Standards
Minimum standards shall include the following:
1. Fencing materials shall not have openings with a diameter of more than two (2) inches, and in the
case of a wooden fence the gaps shall not be more than two (2) inches.
2. Any gates within such pen or structure shall be lockable and of such design to prevent the entry of
children or the escape of the animal.
3. The required pen or structure shall have a top and bottom with both secured to the sides.
4. The pen or structure shall protect the animal from the elements.
5. The pen or structure may be required to have double exterior walls to prevent the insertion of
fingers, hands or other objects within reach of the animal.
6. A sign denoting a vicious animal shall be displayed on the kennel or enclosure and on a place
visible from the sidewalk or road adjacent to the property where the animal is kept.
Section 513 Insurance
The owner shall carry a minimum of $100,000 liability insurance covering the medical and/or veterinary
costs resulting from the vicious actions or any other damage the animal may do or cause to be done.
Proof of such insurance shall be filed with the Animal Control Officer.
Section 515 Identification
The animal shall be permanently identified by injecting an identification microchip into the animal using
standard veterinarian procedures and practices. The microchip number and the veterinarian who injected
the microchip to be reported to animal control officer.
Section 517 Sterilization
The owner shall present proof the animal has been altered to prevent reproduction to the Animal Control
Officer.
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Section 519 Impounding
The vicious animal shall be impounded by the animal control officer or a law enforcement agency at the
owner's expense until such time as all provisions of Article V are met.
Section 521 Euthanization
If the conditions outlined above are not complied with, the owner shall euthanize the animal in a humane
manner. Proof of euthanasia shall be filed with the City Finance Office.
Section 523 Prosecution
The owner may be subject to prosecution for failure to comply. Animals impounded under this section
shall be dealt with as provided herein.
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Pub] ished March 15, 2007
Article VI
Enforcement
Section 601 Authority
The animal control officer, any law enforcement officer, or other person of proper authority is hereby
authorized and empowered to enforce all provisions of this Ordinance.
Section 603 Interference Prohibited
No person shall hinder, delay or obstruct any person in their ability to enforce the provisions of this
Ordinance.
Section 329 Right of Entry
Any Animal Control Officer finding an animal or fowl mistreated as described in this section shall have
the power to lawfully enter the premises where the animal is kept and demand to examine such animal
and to take possession of such animal, when in his opinion, the animal requires humane treatment.
Section 607 Impounded Animals
Any impounded animal shall not be released by the animal control officer to any person until such animal
has been immunized against rabies; provided no animal so impounded shall be immunized if the owner
can present a certificate of current immunization having been previously performed.
The owner of any animal impounded under the provisions of this Ordinance, if his identity and location
can be obtained by reasonable means, shall be notified within twenty-four (24) hours that his animal has
been impounded.
Section 609 Costs
1. Before any person may redeem any animal impounded under the provision of this Ordinance he
shall pay to the person or proper authority an impoundment fee of twenty ($20.00) plus eight
dollars ($8.00) per day or fraction thereof for dogs and cats, for feeding and caring of such
animal. The person redeeming such impounded animal under the provisions of this Ordinance
shall receive a dated receipt signed by the City Finance Officer or Animal Control Officer. The
receipt for payment of impoundment and boarding costs must be presented to the person,
association or corporation housing the impounded animal before such animal may be redeemed.
2. The owner of any impounded animal that has not been vaccinated or licensed under this Chapter,
upon satisfactory proof of ownership, may redeem the animal by payment of the fees determined
above. In addition, by making a deposit of twenty-five dollars ($25.00) the owner shall be
allowed forty-eight (48) hours to get such animal vaccinated and properly licensed. If the owner
fails to produce a certificate of vaccination and city license within forty-eight (48) hours, the
deposit shall be forfeited and turned over to the City Finance Officer to be placed in the general
fund and the animal may be impounded again. Upon representation within forty-eight (48) hours
of a license issued under this Chapter, the deposit shall be refunded.
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3. If the owner of any impounded animal shall fail to redeem the animal within seventy-two (72)
hours, excluding Sundays and holidays, unclaimed animals will become the property of the City
or its authorized agents. Unclaimed animals may be put up for adoption or disposed of at the
discretion of the City or its authorized agents.
Section 611 Impoundment, Relocation, or Destruction of Prohibited Animals
Upon expiration of the sunset provisions detailed within Section 107, any animal found in violation of
this ordinance may be impounded and relocated or destroyed at the City Council's discretion. Prior to
relocation or destruction the owner of record shall be notified of such actions a minimum of five (5) days
prior to executing said action. Notice shall be served either in person or by mailing such notice by
certified mai I.
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Article VII
Penalties and Conflict
Section 701 Penalties
Violation of this ordinance may result in the impoundment of the animals if so enabled by this ordinance
and upon conviction thereof; the owner(s) of any animal may be punished in accordance with SDCL 9
19-3 as amended.
Section 703 Conflict
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.
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CHAPTER 9
REGULATION AND LICENSING OF DOGS
ARTICLE I
DEFINITIONS
Sec. 1. Words when used in this chapter, unless the context

otherwise plainly refers, 'shall have the following meaning:
a. At Laroe means off or outside of the premises belonging

to the owner or keeper of such dog and not under the control of
such owner, possessor, or keeper, or the agent or servant or
member of his immediate family, by means of a leash, cord or chain
not to exceed ten (10) feet in length, provided that an unleashed
dog off the owner's premises shall not be deemed to be at large if
he is under the immediate control of the owner or his agent.
b. City shall mean the governing body of the City of Geddes,

South Dakota, or its duly appointed agent or representative.
c. Dog·means any member of the canine family, both male and

female.
d. Leash means a cord, thong, or chain not more than ten

(10) feet in length by which a dog is controlled by the person
accompanying it.
e. Owner means a person owning, keeping or harboring a dog;

the occupant of any premises to which a dog customarily returns is
presumed to be the owner.
f. Premises means the dwelling house and outbuildings and

the lot or tract of land on which the same are situated and shall
include an automobile or other vehicle in which the owner of the
dog shall be an occupant or of which he shall have control, or in
which any dog shall be situated with the consent of the owner of
the vehicle.
g. Qualified person means any person granted a permit by the

governing body of the city to vaccinate animals against rabies.
h. Vaccination means the injection by a veterinarian or

other qualified person of vaccine approved by, and administered in
accordance with, the provisions of this chapter and the
resolutions of the governing body of the city.
i. Veterinarian means any licensed practitioner of
veterinary medicine licensed to practice such profession In the
state.
ARTICLE II
GENERAL PROVISIONS
Sec. 1. Dogs to be vaccinated.
a. On or before July 1st of each year, every owner shall

have his dog vaccinated against rabies, except that in all cases
where any dog shall have been properly vaccinated with a type of
yaccine accepted and approved by the usual and customary
veterinarian practices and South Dakota law; the vaccination
required by this section need not be repeated during the time for
which the dog is effectively immunized as determined by the
veterinarian or other qualified person granting a permit under
this article.
b. Any owner who has his dog vaccinated against rabies in

another state or municipality by the proper authority therein
shall not be required to have such dog revaccinated during the
current year when brought into this municipality provided that the
requirements of such state or municipality under which the
vaccination was made were of a standard not lower than those
required by this article, and further provided that such dog wears
a tag affixed to his collar or harness bearing the date of such
vaccination.
Sec. 2. Certificates and tags.
A veterinarian or qualified person who vaccinates the dog,
shall issue to the owner thereof a vaccination certificate. The
vaccination certificate shall be prepared and issued in
triplicate, one (1) copy to be retained by the issuing
veterinarian or other qualified person and one (1) copy to be
furnished to the city finance officer. Each certificate shall
bear the following information:
a. The name and address of the veterinarian or other

qualified person who issued it;
b. A statement containing a description, kind and name of the
dog immunized;
c. The type of vaccine used;
d. The date of the vaccination;
e. The date on which the period of effective immunization
will expire; and
f. A serial number.
The veterinarian or qualified person shall also furnish each

owner with a metal tag bearing the certificate number and the year
of vaccination. Said tag shall be affixed to the collar or
harness on the dog. No one except the owner or his duly
authorized agent shall remove the collar or harness with the
attached tag from the dog.
Sec. 3. Quarantine.
Whenever the city or its health, officer has reason to believe

that there is a danger that rabies may spread within the
municipality, the city shall publish a notice requiring the owner
of dogs, and other specified animals in the are designated, to
confine the animals for a period of time as may be necessary to
prevent the spread of rabies. The city or its health officer
~shall have the authority to quarantine for a period not to exceed
ninety (90) days any animal bitten by another animal known or
suspected to have rabies, and to quarantine for a period not to
exceed thirty (30) days any animal which has bitten a human being
or which exhibits symptoms of rabies. Whenever a dog dies with
rabies or is destroyed because of its having been suspected of
being rabid, the owner thereof, whether the dog has been
previously quarantined or not, shall at his own expenses send the
head of such dog to a proper laboratory for examination.
Sec. 4. Dog licenses.
Every household within the corporate limits of the city
owning or possessing a dog or dogs of the age of six months or
more shall pay the city finance officer an annual license fee as
follows:
a. $2.00 for each dog that is neutered or spayed.

b. $5.00 for each dog that is not neutered or spayed.
The above license fees shall be paid on or before the first day of
July each year, and the city finance officer shall, upon payment
and upon sufficient proof of the required vaccination, issue the
owner thereof a license tag. Such license tag shall be
immediately attached to such dog by means of a collar or other
reasonable permanent method.
Sec. 5. Running at large prohibited.
It shall be unlawful for the owner of any dog to permit it to

be at large in the city.
Sec. 6. Impoundment; disposition.
a. Any dog found in the city in violation of any of the

provisions of this Chapter shall be impounded by any police
officer or the city or by any person appointed by the city as its
agent and employee for that purpose, and placed in the city animal
pound or other suitable place provided by the city for that
purpose. The chief of police or any officer of the police
department or the animal control officer appointed by the city
shall, within twelve (12) hours following the impounding of such
dog(s), notify the owner of the animal(s) of such impoundment.
The aforesaid officers shall make all reasonable efforts to
ascertain the owner of the animal. If the owner of the animal is
unknown or cannot reasonably be ascertained, the animal shall be
immediately destroyed in the most humane manner possible.
b. After the owner of the animal impounded is notified as

provided above, they shall have twenty-four (24) hours in which to
claim the impounded animal, pay all charges and fees associated
with the impoundment, license the animal if unlicensed, and
provide proof of vaccination for rabies. However, any dog which
~has not been vaccinated for rabies or dangerous contagious
diseases shall not be released, but shall be destroyed forthwith
or otherwise held or disposed of according to the recommendations
of a qualified veterinarian.
c. The chief of police or any animal control officer

appointed by the city shall collect the $35.00 for each dog
impounded pursuant to the provisions of this Chapter. No dog
shall be released to the owner or any person until all of the
aforesaid charges and fees have been paid, until said dog has been
duly registered and licensed as provided for by this Chapter, and
until proof of vaccination for rabies has been provided.
d. If any dog is not claimed by the owner within the time
frames set forth herein and all fees and costs setforth herein
paid within the time frames set forth above, the impounded dog
shall be destroyed in the most humane manner possible.
Sec. 7. Right of entry in pursuit.
When, in the immediate pursuit of any dog found to be at

large in the city, the city police officer or other person
designated by the city to apprehend offending dogs, may enter upon
the premises of the owner of such offending dog for the purpose of
apprehending such dog. However, for the purposes of this section,
the word "premises" shall not be construed to include the inside
of any dwelling house or any out building.
Sec. 8. Enforcing officer.
An animal control officer appointed by the chief of police to

enforce this Chapter shall be charged with the duty of
apprehending any dog which is found to be at large in the city in
violation of this Chapter.
Sec. 9. vicious dogs.
a. The phrase "vicious dogs" as used herein shall mean any

dog which makes threatening actions or moves towards any person,
barks or bears its teeth at people who may be in the vicinity of
it, has bitten any person or attempted to bite any person or
attacks or fights with another dog. The owner or keeper of a dog
is charged with the duty to observe any manifestations of such
propensity and it is no defense that the ownpr or keeper lacked
3~
specific knowledge of any previous occasions or incidents of the

above behavior.
b. Any dog which has engaged in the above conduct or

behavior shall be deemed to be a vicious dog and the owner thereof
shall be notified of such designation immediately by the City
Finance Officer. Further, upon the city police, city attorney's
office, or any city officer receiving information that a vicious
dog exists or is located within the city limits, the dog shall be
_taken into custody and the procedures for impoundment and
disposition as set forth in Article II, Section 6 herein shall
apply. Provided, however, that no action shall be taken against
any vicious dog which is restrained as provided herein or which is
located wholly on the property of the owner or keeper.
c. The owner or keeper of a vicious dog as herein defined

shall either have such dog on a leash sufficient to restrain and
control the dog or shall otherwise physically confine and restrain
such dog by means of an appropriate kennel or other similar
structure. A violation hereof shall be punishable by a maximum
fine of $200.00.
d. Any vicious dog at large or not leashed or confined as

provided above shall be forthwith destroyed by the city police the
city animal control officer, or any person so authorized by the
city police officer, without prior notice or any compensation to
the owner or keeper thereof.
ARTICLE III
RELEASE OF IMPOUNDED ANIMALS
Sec. 1. It shall be unlawful for any person to release impounded

animals except as provided in this Chapter. A violation hereof
shall be punishable by a maximum fine of $200.00 for each
violation hereof.
3~
CHAPTER 10
OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE. I
JUNKYARDS AND SECONDHAND DEALERS
Sec. 1. Junkyards.
No building, place or lot where junk, junked automobiles or

_farm machinery, or parts thereof, or other worn-out machinery of
any kind are bought, sold or stored, shall be used, established or
maintained within the city without special permission having been
granted for such purposes or uses by the city council.
Sec. 2. Parking of machinery and vehicles.
It shall be unlawful for any person to park upon any street,

parkway, alley or public place between the lot line and middle of
the street within the city any vehicle or machinery kept for sale
or repair for a continuous period exceeding twenty-four (24)
hours.
Sec. 3. Secondhand Stores and Junk Dealers.
a. Records. All junk dealers, keepers of secondhand stores

and dealers in secondhand goods within the city are
hereby required to keep a book in a form to be approved
by the city, open to the inspection of the public, in
which shall be entered by such dealers or keepers the
name and address of each and every person of whom any
article is purchased or pawned and the price paid for the
same or the amount loaned on the same, a brief
description of the goods purchased or pawned and the date
of such transaction.
ARTICLE II
LITTERING
Sec. 1. Prohibited.
No Person shall dump, deposit, release, drop throw, discard,

leave, cause or permit the dumping, depositing, releasing,
dropping, throwing, discarding, or leaving of litter upon any
public or private property within the city boundaries unless:
a. The property has been designated by the owner or the city

as a disposal for such litter; or
b. The litter is placed into a receptacle or other container

intended by the owner or tenant in possession for the
deposit of litter; or
c. The person is acting under the direction of a proper
public official.
Sec. 2. Defined.
Litter is defined as any discarded, used or unconsumed

substance or waste, including but not limited to any paper, cans,
_bottles, metal, glass, plastic, lawn or garden waste, garbage,
trash, refuse, debris, rubbish, furniture, pertoleum product,
carcass of a dead animal, or any unsightly, offensive, or
unsanitary thing, object, matter or material, regardless of size
or construction.
ARTICLE III
FIRES AND BURNING PROHIBITED
Sec. 1. Permitted.
It shall not be unlawful for any person to intentionally
burn, set fire to, or otherwise incinerate any refuse, trees,
limbs, leaves or any other substance within the city limits so
long as same is conducted in a safe and cautious fashion.
ARTICLE IV
DESTRUCTION OF OR INTERFERENCE WITH PROPERTY
Sec. 1. Damage to public property.
It shall be unlawful for any person to intentionally injure,
damage, or destroy public property without the lawful consent of
the city of Geddes.
Sec. 2. Warning signs.
It shall be unlawful for any person to move or interfere

with, break, destroy, carry away, or in any manner molest any
barricade, warning sign, lantern, torch or flare used by any
person in guarding any unsafe or dangerous place. Further, it
shall be unlawful for any person to interfere with or obstruct any
person in carrying out in a lawful manner any contract entered
into with the city for any improvement or public work.
Sec. 3. Trespass on property.
It shall be unlawful for any person to willfully or
maliciously climb any water tower, telegraph, telephone or
electric light pole or post, or in any manner interfere with or
injure, damage or break any fixture, apparatus, or pipe used in
connection with and being a part of any telephone, telegraph,
electric, water or sewer system in the city.
Sec. 4. Intentional damage to private property.
It shall be unlawful for any person to intentionally injure,

damage or destroy private property in which other persons have an
interest without the consent of the other person.
ARTICLE V
FIREARMS/FIREWORKS
Sec. 1. Discharge of firearms.
It shall be unlawful for any person, other than a law

enforcement officer in the performance of his duties, to discharge
or shoot off any gun, pistol, air gun, or other firearm within the
limits of the city, or in any public park belonging to said city,
provided that this section shall not apply to shooting galleries
regularly licensed by the city.
Sec. 2. Fireworks.
It shall be unlawful for any person to shoot, discharge,

explode, or cause to be shot, discharged or exploded, any
fireworks within the city of Geddes except during the dates and
hours which are set by the city by a resolution duly adopted and
passed.
Sec. 3. Motor vehicles.
It shall be unlawful for the operator of any motor vehicle,

whether moving or at rest, to allow or permit any person in such
vehicle to shoot, discharge,- or explode any fireworks or other
explosive devices at any time within the city of Geddes. Lack of
knowledge of any passengers intent to shoot, discharge, or explode
such fireworks or explosive devises shall not be a defense or
otherwise excuse the operator for any violations hereof.
Sec. 4. Trespass.
It shall be unlawful for any person to shoot, discharge, or

explode any fireworks or explosives on any private property not
owned or leased by him or his immediate family members.
Sec. 5. Liability.
Nothing herein shall operate so as to hold the city liable

for any injury or damage resulting, directly or indirectly, from
any person shooting, discharging, or exploding fireworks or other
explosive devices in the city; such persons assume all the risk
and liability attendant to such activity.
ARTICLE VI
NUISANCES
Sec. 1. Generally.
It shall be unlawful for any person, company or corporation

to keep or maintain or permit upon their property or property
under their control or upon any public property within the City
~ny nuisance at common or statutory law.
Sec. 2. Abandoned or Junked Vehicles and Property.
a. Definitions. For the purpose of this article, the

following terms shall mean:
1) Motor vehicle is any vehicle which is

self-propelled and designed to travel along the
ground and shall include, but not be limited to,
automobiles, buses, motorbikes, motorcycles,
motorscooters, trucks, tractors, farm machinery,
construction equipment, go-carts, campers and
trailers.
2) Junked motor vehicle is any motor vehicle as

defined in this section, the condition of which
is wrecked, dismantled, partially dismantled,
inoperative, abandoned or discarded.
b. Storing, parking or leaving dismantled or other such

motor vehicle prohibited; declared nuisance;
exception. No person shall park, store, leave or
permit the parking, storing or leaving of any motor
vehicle of any kind which is in an abandoned,
wrecked, dismantled, inoperative, rusted, junked or
partially dismantled condition, whether attended or
not, upon any private property within the City for a
period of time in excess of two (2) weeks. The
presence of such vehicle or parts thereof on private
property is hereby declared a public nuisance which
may be abated as such in accordance with the
·provisions of this article. This article shall not
apply to any vehicle enclosed within a building on
private property or to any vehicle held in connection
with a business enterprise, lawfully licensed by the
City and properly operated in the appropriate
business zone, pursuant to the zoning laws of the
City, or to any motor vehicle in operable condition
specifically adapted or designed for operation on
drag strips or raceways, or any vehicle retained by
the owner for antique collection purposes which has
affixed thereto a special license place for
4·~
historical cars as provided in SDCL 32-5-77 and other
applicable statutes of South Dakota law.
c. Notice to remove. Whenever it comes to the attention

of the city or any of its agents that any nuisance
as defined in this section exists in the City of
Geddes, a notice in writing shall be served upon the
occupant of the land where the nuisance exists, or in
case there is no such occupant, then upon the owner
of the property or his agent, notifying them of the
existence of the nuisance and requesting its removal
in the time specified in this section. In the event
neither the owner or occupant of the property can be
located, such notice as required herein shall be
posted in a conspicuous place on the property.
d. Responsibility for removal. Upon notice as provided

herein and opportunity to be heard, the owner of the
abandoned, wrecked, dismantled or inoperative vehicle
and the owner or occupant of the private property on
which the same is located, either or all of them,
shall be responsible for its removal. In the event
of removal and disposition by the City, the owner, or
occupant shall be liable for the expenses incurred.
e. Notice procedure. The city or its representative

shall give notice of removal as provided in
subsection c. above at least fourteen (14) days
before the time of compliance. It shall constitute
sufficient notice when a copy of same is posted in a
conspicuous place upon the junked motor vehicle or
upon the private property on which the vehicle is
located and duplicate copies are sent by registered
mail to the owner or occupant of the private property
at his last known address. If the owner or occupant
of the private property where the junked vehicle is
located cannot be determined, placing of the notice
on the junked vehicle shall be considered sufficient
notice for the purpose of this section.
f. ~ontents of notice. The notice shall contain the

request for removal within the time specified in this
section, and the notice shall advise that upon
failure to comply with the notice to remove, the City
or its designee shall commence proceedings to compel
the removal of the property such removal with the
cost of removal to be levied against the owner or
occupant of the property.
g. Hearing. If the offending owner or occupant shall
fail to comply with the notice to remove property as
provided above, the city shall make application to a

court of competent jurisdiction to secure the
necessary order to remove the offending property
subject of the above proceedings.
h. Notice of impoundment. within forty-eight (48) hours

of the removal of such vehicle, the police department
shall give notice to the registered owner of the
vehicle, if known, and also to the owner or occupant
of the private property from which the vehicle was
removed, that said vehicle has been impounded and
stored for violation of this section. The notice
shall give the location of where the vehicle is
stored and the cost incurred by the City for removal.
i. Disposition of impounded vehicle. Upon removing the

vehicle under the provisions herein, the City shall
be entitled to dispose of such vehicle as provided by
SDCL Chapter 32-30 and any other applicable South
Dakota statutes. The proceeds of any such disposal
shall first be applied to the costs incurred in the
removal of the vehicle with the balance to be
deposited to the credit of the general fund of the
City.
Sec. 3. Abandoned Property.
a. Property abandoned in streets or public places, or on

private property after complaint, prohibited; deemed
nuisance. No person shall abandon, leave or place in any
street, alley or public place in the City any property of
any kind; and no person shall permit any property of any
kind so abandoned, left or placed to be or remain for
more than twenty-four (24) hours in any street, alley or
public place in the City, adjacent to or in the vicinity
of his property or residence without reporting the same;
and any property heretofore and hereafter so abandoned,
left or placed by any person on any private property of
which report or complaint may have reached any department
of the City is declared to be a public nuisance and an
obstruction and menace to the public welfare, comfort,
and safety and health.
b. Removal and abatement. The city or its agent shall see

to the removal of any property abandoned or left or
placed in any street, alley or public place in the City
in violation of this section as soon as is reasonably
possible after he shall have received a report of its
presence.
c. Expense made lien. It shall be the duty of the police

department to take possession of any property abandoned,
/
4~
left or placed on any public or private property in
violation of this section, and if the same is believed to
have any value, to keep it and make an attempt to find
the owner thereof, and to retain any such article
heretofore so taken by it. It shall be the duty of such
department to maintain a place for the keeping of any
such article until the same shall be claimed or otherwise
disposed of, and the City shall have a lien therefor for
the reasonable expense incurred or value and cost of the
time and effort necessary in taking, removing or storing
such article, and for the value of the storage and
keeping thereof, and may retain possession until any and
all such liens are paid and discharged.
d. Sale and disposition. If any such article of property

has been or is kept for ninety (90) days or more without
being claimed, the same may be disposed of by any
department. If of no value, or slight value, it may be
destroyed. If the same shall be of slight value but of
use to the City it may be turned over to the proper
department and used until claimed, and the charges
thereby made a lien thereon shall be regarded as a
sufficient offset to the value of any such use. If such
property shall be of more than slight value it shall be
sold by the department ten (10) days after notice of such
sale has been given by one publication in a legal
newspaper published in the City, and the City may be a
bidder at such sale. If on such sale an amount is bid in
excess of the charges or lien of the City, such excess
shall be deposited to the credit of the general fund of
the City.
Sec. 4. Debris on Public or Private Property.
a. "Debris" as the term is herein used shall mean any trash,

refuse, waste, or dysfuntional article, item, or
structure, and any fragments, parts, or scattered remains
of something destroyed or damaged, whether of an organic
or inorganic nature.
b. Debris, whether located on public or private property

within the City of Geddes, is hereby deemed to be a
hazard to health, welfare, and well-being of the public
and therefore is hereby declared to be a public nuisance.
c. No person shall allow, permit, or maintain any debris on

his or her property within the City of Geddes. Both
owner and occupant shall be equally responsible and
punishable for any violation hereof.
d. Any person in violation of this section shall be notified

in writing by the City finance officer that he or she is
permitting, allowing, or maintaining a nuisance upon real
property described in said notice and that unless abated
within fourteen (14) days from the date of such notice,
the City shall abate same and recover the cost thereof
from such person.
e. Any person accused of a violation of this section may

contest such violation by demanding in writing a hearing
before the Circuit Court Magistrate prior to the
expiration of the compliance period. The notice in
paragraph d. of this section shall generally advise any
accused person that he or she has the right to such
hearing.
f. Notice is sufficient if same is served personally, sent

by certified mail to the last known address of the owner
and occupant, if any. If the owner cannot be located by
personal service or by mailing, then posting such notice
conspicuously on the property upon which the debris is
situated shall be sufficient notice.
g. If no hearing is demanded, or if so ordered by the

aforesaid court, the person in violation hereof fails to
abate the nuisance within the time set for compliance,
the City shall remove or cause the abatement thereof and
shall have a lien against the real property upon which
the nuisance is situated for all costs, expenses, and
fees related to such abatement.
Sec. 5. Noxious Weeds, Unhealthful Vegetation Deemed Nuisances.
a. The following named weeds and vegetation shall be deemed

noxious, dangerous and unhealthful and are hereby
declared to be nuisances: ragweed, pigweed, nettle, all
thistles, sunflower, cheatgrass, field bindweed (creeping
jenny), foxtail (pigeon grass), and dandelions; further,
all neglected grasses or vegetation of any description
which shall be allowed to grow to such a length so as to
harbor rodents, insects, or reptiles are hereby deemed
and declared to be nuisances.
b. It shall be the duty of the occupant, person in charge or

owner of any lot in the City to keep such lot free from
the aforesaid weeds and vegetation and to cut or treat
same at such time as may be necessary to prevent their
growth or spread.
c. The City shall, at the beginning of or during the growing

season by public notice to each occupant, person in
charge, or owner of any lot, require all such weeds and
vegetation upon a lot to be cut and removed within five
(5) days after giving such notice. Such notice need not
be given personally but maY,be given generally by one
publication in the official newspaper. The notice shall
provide that each occupant, person in charge, or owner of
any lot shall cut and keep cut at all times during the
growing season all nuisance weeds and vegetation, and
shall further provide that in case of failure to so cut
such weeds and vegetation, the City will cause the same
to be cut and assess the cost thereof as a lien against
the property benefited. One such notice shall be
sufficient for each growing season.
d. The occupant, person in charge, or owner shall, within

five (5) days after the publication of such notice and at
all times subsequent thereto during the growing season as
may be necessary, cut and keep cut all such weeds and
vegetation.
Sec. 6. Enforcement.
a. Any act or omission made unlawful or prohibited by

sections number 4 and 5 of this article shall be
punishable as set forth in this Chapter as a separate
offense not withstanding the fact that the person in
violation thereof shall be subject to abatement
proceedings as provided herein.
b. Each day said nuisance remains unabated, whether or not

notice to abate has been given, shall constitute a
separate offense punishable as provided in this Chapter.
c. Any lien against real property authorized by the

foregoing provisions shall be collectible as a special
assessment as provided in SDCL Chapter 9-43, and all acts
amendatory thereto.
d. As an alternative to collection by special assessment as

provided above, the City may bring an action for the
recovery of its costs, fees, expenses, and disbursements
in abating the nuisance against the owner or owners of
the affected real property in any court competent to hear
the matter and thereby obtain a judgment and jUdgment
lien therefor. This remedy shall be construed as an
alternative and additional remedy and not required of the
City as a condition of levying a special assessment.
ARTICLE X
PENALTIES AND PUNISHMENT
Sec. 1. Punishment.
Any violation of the provisions of this Chapter shall be

punishable by a fine not to exceed $200.00 for each separate
offense. Further, such fine shall be in addition to and not in
lieu of any other, further, additional, or different remedies
available to the city pursuant to these ordinances.
CH8~PTER 11
STREETS AND SIDEWALKS
ARTICLE I
IN GENERAL
Sec. 1. City engineer.
The services of a city engineer shall be secured on a

contract basis as needed. Th duties of the city engineer shall
be as necessary with regard to the preparing of all plans and
specifications for and supervision over all contract work
undertaken by the city, unless otherwise provided by the council,
and such other duties as may be assigned to him by the council.
Sec. 2. Plats incorporated by reference.
Those plats indicating the names of streets and avenues of

the city, now on file in the office of the Register of Deeds of
Charles Mix County, and in the office of the engineer of the city
are hereby incorporated by reference.
Sec. 3. Official map.
The official map or maps of the city shall be those

maintained in the city office.
Sec. 4. Names of the streets and avenues.
The official names of the streets and avenues in the city

shall be those as shown on the city map. The names of the
streets and avenues may, from time to time, be changed by a
resolution duly adopted by the city.
Sec. 5. Street and alley grades.
The grades of the streets and alleys in the city as shown on

the street and alley profiles on file in the office of the city
are hereby established and designated as the official grades of
the streets and alleys of the city and the profiles on file as
aforesaid in the city office are incorporated herein by reference
and adopted as the official record of grades of streets and
alleys in the city.
Sec. 6. Roadway widths.
The width of the roadways between curb lines for vehicular

traffic on the various streets and avenues in the city are hereby
fixed and established in accordance with the official record of
"he width of roadways in said city on file in the city office and
~re hereby adopted as the official record of the width of roadway
in the city.
Sec. 7. Paving, grading and curbing.
The paving, grading and curbing of the streets and alleys

shall be done under the direction of the city or its
representative. Such public improvements shall be done in
accordance with the plans and specifications on file in the city
office.
Sec. 8. Installments on assessment.
Whenever the council shall cause to be improved any street,

alley, public way, sidewalk, curb and gutter, sewer, water main
or ground, the cost of which is to be paid by special assessment
abutting property, the council may divide such special assessment
into any number of equal annual installments, not exceeding ten.
Interest on deferred installments shall be at a rate not to
exceed eight per cent per annum; provided that if the council
shall determine to divide such special assessment. into
installments, the resolution declaring the necessity four such
improvement shall state that the special assessment therefor will
be payable in equal annual installments and the number thereof.
ARTICLE II
OBSTRUCTIONS
Sec. 1. Obstruction of city streets, avenues, alleyways, and

intersections thereof, shall be prohibit except as follows:
(a) No person shall leave or keep on any public street,

road, sidewalk or other public ground in said city any
wagon, bicycle, automobile, truck or other, vehicle,
which may in any way obstruct or interfere with the
free use thereof or in such a manner as to leave
available less than twelve (12) feet in width of the
traveled part of any street or road. No vehicle shall
be parked in any alley, except for the purpose of
loading, unloading, receiving or delivering and in such
case the vehicle shall be parked so as not to obstruct
or interfere with the free use thereof or in such a
manner as to leave available less than twelve (12) feet
in width of the traveled part thereof. No person shall
permit weeds, bushes, or other trees or vegetation to
grow to such a height so as to block the view in any
direction of any intersection. The City is hereby
authorized to remove any unlawful obstruction of the
streets, avenues, alleys, or intersections.
(b) Building material: The city Finance Officer is
authorized to grant permission to any person to deposit
and keep lumber, stone, brick or, building material in
any street, road or alley adjacent to the lot or
premises upon which any building is to be constructed
or repaired.
Provided that such permission shall not be granted for a longer

period than six (6) months and shall not permit or excuse the
obstruction or occupancy of more than one-third (1/3) in width of
the roadway, or the placing of such material in such a way as to
impede or interfere with the free flow of water. Provided,
further, that every such person to whom such permission may be
granted, shall cause all such material and the rubbish or refuse
resulting therefrom to be removed from such roadway at the
expiration of the time limited in the permit. No permit for any
such projection or portion of any such building which shall be of
a permanent nature, except awnings capable of being raised and
lowered, shall be issued unless the owner shall have first
submitted to the governing body, for its approval, detailed plans
and specifications prepared by a registered architect, and no
such projection or portion of any such building· shall be approved
unless the same shall be made of fire resistant material and so
constructed as to constitute no hazard to person or property.
Sec. 2. Snow and ice.
(a) Declared a nuisance: Any accumulation of snow or ice

upon any of the public sidewalks in the city which
obstructs, impedes or in any manner interferes with the
free and unobstructed use thereof by pedestrians is
hereby declared to be a nuisance.
(b) Removal of snow, duty of owner, notice, assessment. It

shall be the duty of the owner or occupant of any
premises abutting on any sidewalk to keep such sidewalk
free from snow or ice. He shall cause to be removed,
within twenty-four (24) hours after any fall of snow,
the snow from so much thereof as adjoins the premises
owned or occupied by him. When it is impossible to
take the snow or ice from said walk by reason of its
being frozen thereto, he shall sprinkle or spread some
suitable material upon the same to prevent the walk
from becoming slippery and dangerous to travel.
If the owner, or, occupant of said premises fails or refuses

to remove the snow or ice from such sidewalks, within the time
limit above provided, it shall be the duty of the street
department to have such snow or ice removed and to charge against
the abutting property for each time the snow is removed the
actual expense incurred by the city on account of the removal of
said snow or ice.
The city Finance Officer shall cause an account to be kept

against each lot for the snow or ice so removed from such
sidewalk each year, and the same shall be collected from the
responsible party by assessment as provided by South Dakota law
or by bringing an action at law to secure a judgment against the
responsible party.
(c) Failure to remove, liability of owner: Any owner of

such real property who shall fail to remove the snow or
ice from the sidewalks in front of or along such
property if he resides thereon, or if he does not
reside thereon, to move the same forthwith when
notified, shall be held liable to the municipality for
any damage caused by such failure or neglect.
Sec. 3. Eave pipes.
No person shall place or maintain any pipe leading from the

eaves of any building in such position that the water discharged
thereby flows upon or over any public sidewalk.
5~
CHAPTER 12
CITY OFFICIALS AND EMPLOYEES
ARTICLE I
OFFICERS F~D EMPLOYEES
Sec. 1. Offices Created.
The following offices are hereby created for the city:

mayor; alderman (6); city finance officer; attorney; and police
officer.
Sec. 2. Elective offices, terms, city council.
The term of office for the mayor and each of the six (6)
aldermen shall be a period of two (2) years. Such elected
officers shall form the members of the city council; each member
having one vote on any matter brought before such council, except
that the mayor shall have no vote except in case of a tie.
Sec. 3. Acting mayor.
The members of the city council at the first meeting of the

calendar year shall elect a president and vice president of the
council. The president shall have the authority to act in the
absence of the mayor when city business, whether regular or
special in nature, shall reasonably require such action. In the
absence of the mayor and president, the vice president shall have
the above authority.
Sec. 4. Appointive offices - terms.
All offices herein created, but not designated elective

offices, shall be appointive offices. All appointments shall be
made by the mayor with the approval of the council.
Sec. 5. Oath.
All officers, whether elected or appointed, shall assume

office upon, (1) swearing the constitutional oath administered by
the existing city attorney or finance officer, (2) filing such
oath with the city finance of ficer, and (3) giv ing such bond as
is herein required.
Sec. 6. Bond.
The city officers shall give bonds in the amounts as

required by the city council.
5~
Sec. 7. Duties of Appointive Officers.
(a) The duties of the city finance officer shall be such as

are prescribed by state law relating to city auditors
and treasurers and other provisions of this code.
(b) The city attorney shall attend all meetings of the city
council unless excused by the mayor or acting mayor,
and shall at all times give such legal advice to the
councilor any individual city officer as may be
required of him for the benefit of the city, and shall
perform other duties as are prescribed by the laws of
the State and other provisions of this code.
(d) The duties of the police officer shall be such as are

prescribed by the laws of the State and this code for
the preservation of the peace and order of the city and
such other duties as shall be required of him by the
city council.
Sec. 8. Vacating officers required to turn over property.
Any person having been in officer of the city shall, upon

the expiration of his term of office or upon his removal from
office, deliver to his successor in office, or to whomsoever the
council may direct, all property, books and effects of every
description in his possession, belonging to the city or
pertaining in any way to said office.
ARTICLE II
CITY EMPLOYEES
Sec. 1. City Employee Defined.
City employees shall be governed by the councilor its

designated representatives by oral or written directives.
Sec. 2. Compensation of City Officers and Employees.
All city officials shall be compensated by an amount agreed

upon between such officers and the city council on an
individual basis.
Sec. 3. Removal: officers and employees.
The mayor, councilmen, officers and employees of the city

shall be removed from office in accordance with the procedures
set forth by South Dakota law and the governing case law.
ARTICLE III
COUNCIL MEETINGS
Sec. 1. Time and Place.
The regular meeting of the council, unless otherwise called,

shall be in the city hall in the city of Geddes at 7:30 P.M. on
the second Monday of every month. When the regular meeting falls
on a legal holiday, then regular meeting shall be held on the
following day.
Sec. 2. Special Meetings; call and notice.
Special meetings of the council may be called at any time by

the mayor, or in his absence, by the acting mayor ,or in his
absence, by the finance officer upon the written request of three
(3) council members of the council. When a special meeting is
called, the call shall be made by the finance officer either by
telephone, by conveying the notice in person orally or in
writing, stating the time, place and object of the meeting.
Sec. 3. Meeting open to public; interference with meetings,

etc.
All meetings of the council, whether regular or special,

shall be open to the public, but no person not a member of the
council shall participate in the deliberation or address the
council without permission to do so.
Sec. 4. Rules of business.
(a) Quor'lffi. A majority of the council shall constitute a

quorum for the transaction of business, but a smaller
number may adjourn from time to time and may compel the
attendance of absent members.
(b) Voting. Each member of the council who shall be

present when any question is submitted shall be taken
upon all questions and enter upon the journal.
(c) Majority vote. A concurrence of a majority of the

members voting shall be necessary to take effective
action by the members voting shall be necessary to take
effective action by the council; provided, however,
that it shall require the affirmative vote of a
majority of the members-elect to pass any ordinance or
to adopt any resolution providing for any local
improvement or the sale of any real estate belonging to
the city.
(d) Rules of Order. Except where otherwise provided by
provisions of the state law and this article, meetings
will be conducted under commonly accepted rules of
procedure with the mayor directing the meeting and
deciding procedure disputes. Procedural decisions of
the mayor may be overridden by a majority vote of the
members of the council present.
Sec. 5. Order of business.
At all regular meetings after the same have been called to

order, the business of the meetings shall be considered in the
following order:
( 2. ) Noting the attendance of council person and others.
(2 ) Correction and approval of the minutes of the last

preceding regular meeting, or of such special meeting
or meetings as have intervened. The finance officer
shall send each council person a copy of the minutes
from previous meetings prior to the next regular
meeting which shall constitute the reading of the
minutes. No additional reading of the minutes shall
occur unless required by a council person to correct
said minutes.
':, -, b~~
(3) Public hearings.

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(4 ) Old business.
"- (5) New business.

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j> (~ ) ( 6) Visitors.
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(7 ) Items not submitted for the agenda.
(8 ) ]A~dj ourn.
Provided, however, that this section may be temporarily

suspended at any meeting by the affirmative vote of two-thirds of
the councilmen present.
Sec. 6. Minutes.
The city finance officer shall insure that true and correct
minutes of each meetings, whether, regular or special, shall be
made and ~aintained. Such minutes shall generally reflect the
business transacted at such meetings and the council's
determination of all issues properly brQught to its attention. A
copy of the meeting minutes from each meeting shall be sent to
5~
each council person prior to the next regular meeting. The
mailing of the minutes to each council person shall be in lieu of
reading the minutes verbatim at the time of the council meeting.
A formal reading of the minutes shall occur to correct an error
in the minutes or for such other purposes specifically designated
by a council member or the council as 'a whole.
ARTICLE IV
ACCOUNTING AND DISPOSITION.
Sec. 1. Accounting.
The city finance officer shall keep full, true and just
accounts of all the city financial affairs and property of the
city. He shall keep such funds and accounts as may be necessary
to show at all times the exact condition of the financial affairs
of the city and of each branch of the financial affairs of the
city and of each branch of the public service, and, for this
purpose the finance officer shall keep those funds and accounts
as directed by the councilor required by law.
ARTICLE VI
DEPARTMENTS
Sec. 1. Departments created.
The following permanent departments are hereby created:

Water Department, Sewer Department, Street and Alleys Department,
Parks and Recreation Department, Employees and Law Enforcement
Department, and Budget and Insurance Department.
Sec. 3. Department Commissioner.
Each city department shall be supervised by a commissioner

appointed by the Mayor and approved by the council. Such
commissioner shall prohibit the Mayor from appointing one member
of the council to serve as commissioner of more than one
department; nor shall the Mayor be prevented from serving as a
commissioner himself. However, all appointments by the mayor
must be confirmed by a majority vote by the city council.
Sec. 4. Powers.
The commissioner of each department shall have broad

discretionary powers as a supervisor and administrator of his
respective department. However, any and all acts by such
commissioner shall be subject to review by the city council.
Such commissioner shall directly supervise each and all employees
employed in his department and shall have the power to commence
discharge proceedings by recommendation to the council. Each
commissioner is hereby empowered to promulgate departmental

policy and regulations subject to confirmation by the city
council. Any and all records of the department shall be joint
responsibility of the appropriate commissioner and the city
finance officer.
Sec. 5. Limitations.
No commissioner shall have the power to bind the city by

contract or otherwise or to'represent the city or city council in
any matter unless specifically authorized to do so by this code
or by resolution of the common council. Any such authorization
shall be in writing and shall be recorded in the council meeting
minutes. Nothing herein shall prohibit the city council from
ratifying such ultra vires acts of any commissioner if it deems
such ratification necessary and proper. Such ratification must
likewise appear in writing and be recorded in the council
meetings minutes.
Sec. 6. Removal.
Any commissioner may be removed for good cause from his

position as commissioner by the Mayor with the approval of a
majority of the remaining city council members. Nothing herein
shall be constructed to allow the Mayor to remove such
commissioner from his elected office as alderman.
Sec. 7. Police Department - Chain of Command.
The Chief of Police shall be initially accountable to the

Employee and Law Enforcement Commissioner, penultimately
accountable to the Mayor, and ultimately accountable to the
council. Any deviation from the instructions or requirements of
said Commissioner ordered by the Mayor shall be in writing. The
City Council, by majority vote, may promulgate such policy as it
may believe necessary and proper. Nothing herein shall prevent
or discourage the Chief of Police or any policeman from seeking
redress of grievances by application to the city council.
ARTICLE VII
BOARDS
Sec. 1. Authorization.
The city council is hereby authorized to establish by

ordinance such boards, commissions, offices, or positions as it
may deem necessary, proper, and in the best of interest of the
city. Such enabling ordinances shall state the general purposes
for which the board, commission, office, or position is
established.
ARTICLE VIII
FINANCES.
Sec. 1. Annual Budget.
There shall be adopted an annual budget during the month of

September of each year. The city finance officer shall, with the
assistance of the Mayor and council, present a proposed budget
for the ensuring year to the governing body at the regular August
meeting and cause the recordation of the same in the minutes
thereof and then publish same in the official city newspaper.
CHAPTER 13
ELECTIONS
Sec. 1. City divided into three wards.
The city is hereby divided. into three (3) wards. They

shall be designated as Ward I, Ward II, and Ward III.
Sec. 2. Boundaries.
The boundaries of such wards so established shall be as

shown on the official Ward map of the City of Geddes now on file
in the office of the city finance officer which is made a part
hereof and incorporated herein by this reference.
Sec. 3. Voting place.
There shall be one location for voting within the City of

Geddes; such location shall serve all the wards within the City
of Geddes.
Sec. 4. Designation and Notice of Voting Place.
The City governing body shall by resolution select and

designate the location of the poll for each municipal election.
Notice of the election and the place of polling shall be given by
publication thereof once each week for two (2) successive weeks,
the first publication shall be not less than ten (10) days prior
to such elections Such notice shall be published in the official
newspaper of the City.
ORDINANCE NO. - - -
AN ORDINANCE AMENDING THE CITY GARBAGE AND TRASH ORDINANCE OF

THE CITY OF GEDDES, SOUTH DAKOTA
Be it ordained by the City Council of the City of Geddes, South Dakota that Chapter 14 of the
Garbage and Trash Ordinance of the City of Geddes, South Dakota be amended as outlined
below:
WHEREAS, it is in the public interest for the City of Geddes to delete Article II, Section 1
Garbage Pickup and Collection and Article IV, Section 2, Fees of said ordinance.
NOW THEREFORE BE IT RESOLVED that the Geddes City Council hereby adopts an
ordinance Amending the Garbage and Trash Ordinance of the City of Geddes, South Dakota by
deleting Article II, Section 1, Garbage Pickup and Collection and Article IV, Section 2, Fees of
the Garbage and Trash Ordinance of the City of Geddes, South Dakota.
Dated at Geddes, South Dakota this _ _ day of , 2006.
By: _
Darwin Iedema, Mayor of Geddes
ATTEST: - - - - - - - - - - - -
Pat Brotherson,
Finance Officer
:;~~~
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First Reading:
Second Reading:
Approval:
?f¥rG
_ _ _ _ _ _, 2006
Published: _ _ _ _ _ _, 2006
CHAPTER 14
GARBAGE AND TRASH
ARTICLE I
GENERAL PROVISIONS
Sec. 1. Definitions
For the purposes of this chapter, the following definitions

shall apply, unless the context clearly indicates otherwise:
Rubble site shall mean the area designated by the city

as the location for disposal of materials other than
household/commercial garbage and hazardous substances.
Commercial garbage collector or contract garbage hauler

means any person who hauls or transports for other persons
or another person any garbage or rubbish through or upon the
streets or alleys of this city for a consideration or a fee.
Waste when standing alone shall be construed to include all

the categories of waste set forth in Sec. 2.
Sec. 2. Categories of Solid Waste
Household\Commercial garbage means printed matter, paper

woodenware, paperboard, boxes, rags, boots, shoes, clothing,
hats, and every accumulation of animal, vegetable, or other
matter that attends the preparation, consumption, decay,
dealing in or storage of meats, fish, fowl, birds, fruits or
vegetables, including the cans, containers or wrappers
wasted along with such materials, etc.
Bulk\Construction waste means concrete, uncontaminated fill

dirt, bricks, rocks, concrete block, shingles, furnituEe and
mattresses etc.
Wood waste means scrap lumber, untreated wood, trees and

tree branches, wood shavings, sawdust etc.
Metal waste means scrap metal and white goods such as

refrigerators, washers, dryers, freezers and water heaters
from which any and all freon or other CFC matter have been
properly removed and disposed of by a duly licensed
individual, etc.
Yard waste means leaves, grass clippings, trimmings from

scrubs and straw, etc.
6(J
Hazardous waste means any matter defined as such by federal
or state law! rules or regulations.
Sec. 3. Deposits during hours of operation.
It shall be unlawful for any person to deposit or cause to

be deposited any waste materials at the rubble site at any time
after closing hours as posted at the entrance to the rubble site.
Sec. 4. Removal prohibited'.
Is shall be unlawful for any person to remove or cause to be

removed from the rubble site of this city any article or material
of any kind after the same has been deposited there. The city
reserves the right to enter into a contract with a person or
persons for the right of scavenging at the rubble site.
Sec. 5. Household\Commercial Garbage; Containers required.
The occupant of every dwelling! house or apartment and of

every place of business shall provide a suitable watertight
metallic or plastic can or container which shall not exceed forty
(40) gallons in capacity! in which the occupants shall cause to
be deposited all household\commercial garbage accumulating upon
the premises! which garbage containers shall be kept in a
location accessible to the garbage collector, and which shall not
be filled so as to make such container unreasonable heavy or
difficult to empty by the garbage collector. "Accessible" as
used herein shall mean such container shall be situated within
six (6) feet from the alley! curb, or roadway edge of the City
garbage route nearest such dwelling! house! apartment! business
or building. If serviced by a commercial hauler with a
mechanical lift larger containers shall be permissible. Garbage
cans shall be provided with tightly fitting covers! which shall
not be removed except when necessary. The vicinity of garbage
cans shall be dept free from garbage and other organic matter
that attract flies or vermin.
Sec. 6. Disposal of Bulk\Construction! Wood! Metal and Yard
Wastes.
The owner, occupant or person in control of every dwelling,

house or apartment and of every place of business shall transport
and dispose of all Bulk\Construction Waste, Wood Waste, Metal
Waste! or Yard Waste generated by the occupant, the owner or the
premises! or otherwise accumulating on the premises as provided
herein.
Sec. 7. Council to designate rubble site; dumping elsewhere
prohibited.
The council shall designate an area to be known as the

rubble site, which area shall be for the depositing of all
substances except as prohibit above. Dumping of materials of any
nature or sort except as permitted by this ordinance is
prohibited.
Sec. 8. Rates for sanitary'landfill; authorized dumping.
(a) The following rates are hereby established for persons

who use the rubble site:
(1) All residents of the city who reside

within the municipal boundaries No charge
(2) All construction work on property

located within the municipal
boundaries $20.00/truck & $12.00/pickup
(3) Any person who does not reside within the

city but is on the city's water supply
system $20.00/truck & $12.00/pickup
No individual, person or entity that is not described or

identified in the Section 8 above s~all be permitted to dispose
of materials in the rubble site under any circumstances.
ARTICLE II
COLLECTION
Sec. 1. Garbage pick-up and collection.
The city shall by contract provide garbage pick-up and

collection for all persons and business located within the
municipal boundaries' of the city. Any person, entity or company
that is connected to the city water and/or sewer system shall be
required to utilize the city garbage services and pay the charges
therefor.
ARTICLE III
STORF~GE ON PRIVATE PROPERTY
Sec. 1. Waste on occupied private property.
No person shall throw or deposit waste on any occupied

private property within the city, whether owned by such person or
not, except that the owner or person in control of private
property may maintain authorized private receptacle(s) for
collection in such manner that waste will be prevented from being
carried or deposited by the elements upon any street, sidewalk,
or other public place or upon any private property.
Sec. 2. Owner to maintain premises free of waste.
The owner or person in control of any private property shall

at all times maintain the premises free of waste. Provided,
however, that this section shall not prohibit the storage of
waste in authorized private receptacle(s) for collection or
transportation to the Solid Waste Facility.
Sec. 3. Waste on vacant lots.
No person shall throw or deposit waste on any open or vacant

private property within the city whether owned by such person or
not.
ARTICLE IV
PUNISHMENT AND FEES
Sec. 1. Punishment.
Any act or omission made unlawful or prohibited by any

provision of this Chapter shall be punishable by a fine not to
exceed Two Hundred Dollars ($200.00). In the event such
violation shall be continuing in nature, such fine shall be
imposed at a rate not to exceed Two Hundred Dollars ($200.00) per
day for each day said violation exists.
Sec. 2. Fees.
The fee for all garbage collection provided by the city

shall be set by resolution duly adopted and passed by the City
Council. Such fees may, from time to time, be changed, modified
or amended by resolution duly adopted and passed by the City
Council. The collection fee shall be paid on a monthly basis and
at the same time as the water and sewer bills are paid.
Collection of solid waste material properly contained shall occur
twice per week on Mondays and Fridays thereof.
Ordinance 2005-6 Changes made to Chapter 15 Water.
~ection 3. Separate Connection required.

Each premise owner shall have a separate and distinct service connection and its own meter. There shall
be one or more stops and waste cocks attached to every supply pipe at some point between the main and the
meter so that the water can be shut off and the meter and the house plumbing entirely drained. A stop furnished
by the City shall be installed at or near the property line and not ~o be considered one of the stops required
between the main and the meter. There shall be another stop and waste cock in the pipe on the house side of the
meter.
Section 9. Regulations and requirements

In addition to those rules set forth in other sections of this chapter, every customer using the City water
system shall be subject to the following regulations and requirements:
(a)In addition to the connection fee required by Section 2, above, all users of the City water system shall pay
a deposit in the amount of $50.00 for the services being provided to the property. Such deposit shall be
retained by the City and shall be applied to any unpaid, delinquent, or outstanding water, sewer, or
sanitation bill owed to the City upon termination of services for any reason, whether involuntary or
voluntary. No Transfers will be allowed except for users of the City water system who have paid a deposit
and wish to move from a residence to another resident. (This will change the deposit from $150.00 to
$50.00.)
(b)Failure to make full payment as required herein shall subject such household to disconnection from the
City water system as provided herein. In the event any household is disconnected due to non-payment of
water bills, no water service shall be resumed until a reconnection fee of $25.00 is paid, and the previous
billings are paid in full. All users shall be entitled to at least 10 days, but no more than 30 days, written
notice of intent to disconnect stating the balance of utility charges owed to the City, when such payments
may be made to avoid disconnection of water services if the total amount of water charges have not been
paid by the water user. The City shall be entitled to assess and collect a late payment fee of $5.00 from any
water user who fails to pay the billings for water services in accordance with this ordinance and the time
periods set forth. (This reduces the reconnect fee from $50.00 to $25.00)
Section 9. Regulations and requirements (e.) Entire paragraph to be deleted. (Removes the $50.00 tum on fee
for seasonal users).
Article 11 Defective Service/Disconnect/Implied consent
Section 3. Disconnect/reconnect
The City reserves the right to discontinue water service to any or all customers of the water system,
without notice, when necessary for repairs, upon the City discovering proof that a user has been obtaining water
services without paYing for same, or for disregard of rules and regulations affecting the service. In the event
any customer's household is disconnected, no service shall be resumed until full payment of past billings, and
payment of a reconnection as required by this ordinance. (This removes the words "and deposit").
Dated at Geddes, South Dakota this 12th day of September, 2005

By: l/~)' (.;" .:' -I:
Attest: ,It){ -- I-~(. // ( '-~ ,- _. Darwin Iedema, Mayor
Pat Brotherson, Finance Officer
First Reading: September 12, 2005 Approval: October, 11, 2005

Second Reading: October 11, 2005 Published: October 13, 2005
Ordinance# 2003-3
An ordinance entitled "An Ordinance Amending Chapter 15, Water" of the
Revised Ordinances of the City of Geddes, South Dakota, which ordinance shall read as
follows:
BE IT ORDAINED BY THE CITY OF GEDDES, SOUTH DAKOTA,
THAT CHAPTER 15, WATER, ARTICLE I-ANIINISTRATION BE
AMENDED TO READ AS FOLLOWS:
Sec. 9. Regulations and requirements.
(a) This section shall be amended to require a $150.00 deposit

instead of a $50.00 deposit.
(b) This section shall be amended to require $50.00 deposit instead
of a $25.00 deposit.
(e) In addition to all of the fees and charges set forth by Chapter 15, there
shall be a seasonal use charge which shall be applied to any user of the
City water system who is classified as a seasonal user. A "seasonal
user" shall be any person or entity that does not have water services
turned on at a residence, building or structure on a regular and
continuous basis throughout the calendar year. All seasonal users
shall be charged the sum of $50.00 to have services tun1ed on at their
residence, building or structure when they desire same. In the event a
seasonal user or his/her agent or representative requests that water
services be shut off or terminated at the seasonal user's residence,
building or structure within 30 days from the date that water services
were initially tUDled on , there shall be charged, in addition to the
water tum on fee, a termination of water service fee of $50.00. the
aforesaid fees shall be charged for each occasion that the water
services are turned on at a seasonal user's residence, building or
structure and turned off at said residence, building, or structure within
a 30 day time period.
This ordinance shall be in full force and effect from and after its passage, approval,
recording and publication as provided by law.
Passed and adopted by the Council of the City of Geddes, South Dakota, on the
first reading on the 8th day of September, 2003, by the following vote:
Ayes: Bowen, Schnabel, Iedema, King, DuFrain, Schulte
Nays: 0
Motion carried unanimously.
Passed and adopted by the Council of the City of Geddes,
South Dakota, on the second reading on the day of
- - - - - - - - , 2003, by the following vote:
Ayes:
Nays:
Absent:
Date of publication:
Effective date:
THE GOVERNING BODY OF THE

CITY OF GEDDES, SOUTH DAKOTA
By:
DAN MERKWAN, MAYOR
Attest:
'COLLEEN JAEGER, FINANCE OFFICER
CHAPTER 15
WATER
ARTICLE I - ADMINISTRATION
Sec. 1. Private well prohibited.
N a person may construct or maintain any well or private source of water upon
public or private property within the City of Geddes (hereinafter referred to as City)
unless the same is in existence prior to the effective date hereof or unless there is no City
water main within 100 feet of the property which the well or private source of water is to
serve. The owner of every residence, business or industrial building in the City abutting
upon any street or alley in which water mains are maintained shall, at his own expense,
connect it with the water main within 30 feet of the property line and provided further
that residences, industrial or other buildings with wells at the effective date hereof shall
not be required to make such connections. If such owner fails to provide for such
connection after notice to do so, the City may provide for the connection and charge the
cost against the property as a special assessment or the City may bring an action to collect
the costs so incurred.
Sec. 2. Water application.
Any person connecting with the water system of the City shall apply for
pennission on a form provided by the City. Such application shall be filed with the City
Finance officer and the applicant shall thereupon pay the City, as and for an availability
charge, the SlUll of $50.00. Such availability charge shall entitle the applicant to
connection with the water ma~ a corporation cock installed, the use of a 3/4 inch line
water meter on the premises, and supervision by the City of the applicant's connection
with the premises. Such availability charge shall be applicable only to premises fronting
or abutting on streets or alleys wherein City water mains are laid. In the event that
application is received for service to other premises, the charge shall be determined by
the governing body at the time such application is granted, but in no event shall be less
than the estimated cost thereof to the City.
Sec. 3. Separate connection required.
Unless special pennission is granted by the City council, each premise owner shall
have a separate and distinct service connection and its own meter. Where pennission is
granted for branch service systems, each branch system must have its own separate meter.
There shall be one or more stops and waste cocks attached to every supply pipe at some
point between the main and the meter so that the water can be shut off and the meter and
the house plumbing entirely drained. A stop furnished by the City shall be installed at or
near the property line and not to be considered one of the stops required between the
main and the meter. There shall be another stop and waste cock in the pipe on the house
side of the meter.
Sec. 4. ~Ieter placement.
Every customer shall provide a suitable place where a meter can be installed and
the City shall install and maintain the same.
Sec. 5. Installations cost; right to disconnect.
The cost of original installation of all plumbing between the main and any service
devices maintained by the consumer and all extensions made to such plumbing, as well as
all repairs, shall be borne entirely by the customer, although such plumbing and services,
as well as the meters, shall, at all reasonable times, be subject to inspection by duly
authorized representatives of the City. In the event any repairs are found to be necessary
by such representative and such repairs are not made promptly, the City shall be
authorized to discontinue service. The City, its agents, employees, and representatives
shall have an unlimited and perpetual right of access to any and all shut-off valves within
the City. Nothing in this Code shall be construed to compromise or otherwise affect such
right of access.
Sec. 6. Installation of taps.
In installing water service, all taps shall be installed, street excavations made,
pipes installed ~om main to meter, and the meter installed under supervision of the City.
Sec. 7. Diversion and tampering prohibited.
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 municipal water system except to be
drawn through a meter installed by the City. No person except an authorized
representative of the City shall tum on or off or tanlper with any water service
connection.
Sec. 8. Meter reading and billing.
On or before the 25th day of each month, a representative of the City shall read all
user meters and report said meter readings to the City Finance Officer. The City Finance
Officer shall log such meter readings, calculate the total water usage and charge therefor,
and deliver by mail or by personal service the water user bill to
shall be entitled to assess
each water user or their representatives. Thereafter, the water user is required to pay the
billing for water use on or before the 10 th day of each month. The above procedure may
be altered or deviated from only upon a showing of exceptional or special circumstances
and the authorization by the City. Any deviation granted under this provision, however,
shall not apply to past-due amounts.
In addition to those rules set forth in other sections of this chapter, every customer
using the City water system shall be subject to the following regulations and
requirements:
(a) In Addition to the connection fee required by Section 2, above, all new users
of the City water system shall pay a deposit in the amount of $150.00 to
services being provided to the property. Such deposit shall be retained by
the City and shall be applied to any unpaid, delinquent, or outstanding
water, sewer, or sanitation bill owed to the City upon termination of services
for any reason, whether involuntary or voluntary. The provisions set forth
in this subsection shall be effective only as to new users of the City water
system.. All users who were connected to and using the City water system
prior hereto, and who have previously paid a water deposit to the City or
who have established a history of prompt and timely payment of water,
sewer and garbage collection bills shall not be required to pay the deposit set
forth in this subsection. In the event such prior users of the City water
system have paid a deposit and were using the City water system prior to the
enactment of this ordinance such deposit may be transferred from residence
to residence in the event said user moves within the city limits.
(b) Failure to make full payment as required herein shall subject such household
to disconnection from the City water system as provided herein. In the
event any household is disconnected due to non-payment of water bills, no
water service shall be resumed until a re-connection fee of $50.00 is paid,
the previous billings are paid in full and $50.00 is deposited in accordance
with paragraph (a) above. All users shall be entitled to at least 10 days, but
no more than 30 days, written notice of intent to disconnect stating the
balance of utility charges owed to the City, when such payments may be
made to avoid disconnection of water services if the total amount of water
charges have not been paid by the water user. The City shall be entitled to
assess
68
and collect a late payment fee of $5.00 frOil1 any water user who fails to pay
the billings for water services in accordance with this ordinance and the
time periods set forth herein.
(c) In the event any user of the City water system shall connect or use the water
system without first complying with the this ordinance, services shall be
terminated upon discovery of such use by the City. Further, no water
services shall be provided to the property lillril the customer has fully and
completely complied with all sections, paragraphs, and provisions
contained in this ordinance.
(d) In the event services are terminated by the user, the deposit required herein
shall be refunded to the user after all unpaid, delinquent, or outstancling
water, sewer, and sanitation bills have been paid.
~eJ See ad o-P cha.p+-e-r.
Sec. 10. City to retain ownership.
All service pipes, connections, boxes, corporation cocks (shut-off valve), and other
materials from the mains to the lot line shall be, become, and remain the property of the
City, even though the applicant or property owner may have paid for and installed the
line frOlll the main to such lot line; and the contribution of the applicant or property
owner shall be construed as compensation to the City for damages to its streets. The City
shall be solely responsible and liable for maintaining all of the above equipment from the
main through the corporation cock (shut-off valve), and all costs and expenses associated
therewith shall be the sole responsibility and liability of the City.
Sec. 11. Charge.
The charges for water system services will be as follows:
(a) Except as otherwise provided in this section, the minimum charge for the
use of City water shall be $8.50 and such monthly amount shall entitle each
metered user to 1,000 gallons of water. Thereafter, water usage shall be
billed at the following rates:
1,001 gallons to 1,999 gallons afwater used - $.30 per 100 gallons~
2.000 gallons or more of water used - $.25 per 100 gallons.
Sec. 12. Non-payment; disconnect.
All water or utility service charges shall be a charge against the owner, lessee and
occupant of the premises, and if such charges shall not be paid when due, the City shall
have the right to disconnect water service to the premises as provided by this ordinance,
to collect the delinquent charges by civil action in any court, or to pursue any other
remedy authorized by South Dakota law..
Sec. 13. Indemnity; bond.
The applicant shall indemnify and save harmless the City from any claims of
injrny, loss or damage to third parties arising out of the construction work and
connections to the water systen1; this provision is a condition deemed important in the
connection permit. The City may, as a further condition to issuance of the connection
permit, require the applicant to file a corporate surety bond for a period of two years.
ARTICLE n - DEFECTIVE SERVICEIDISCONNECT/
Th'IPLIED CONSENT
Sec. 1. Complaint procedure.
All claims for defective water service shall be made in writing and filed with the
fmance officer on or before the 10th day of the month next succeeding such defective
service, or be deemed waived by the claimant; and if such claims are so filed, it shall be
the duty of the City to investigate the facts alleged in such claim and detennine the
amount, if any, which should be refunded to such claimant by reason of such defective
service. Such amount shall be allowed as a credit on the following bill or paid as other
claims, but no claim shall be made against the City on account of any [lIe or any injuries
to the person or property of any conSlUIler of water under the provisions hereof. Nothing
.in 1hj.~. section or this ordinance shall be deemed a waiver by the City of its rights under
South Dakota law with regard to statutoI)' notice requirements for claims against the City.
Sec. 2. Implied consent.
Every person applying for water service from the system, and every owner of
property for which such application is nlade, shall be deemed by such application to
consent tC' ':ill the rules, regulations, and rates contained in the resolutions or ordinances
of the City and to any modification thereof, and to all new rules, regulations, or rates duly
adopted.
Sec. 3. Disconnect/reconnect.
The City reserves the right to discontinue water service to any or all customers of
the water system, without notice, when necessary for repairs, upon the City discovering
-&6 10
proof that a user has been obtaining water services without paying for same, or for
disregard of rules and regulations affecting the service. In the event any customer's
household is disconnected, no service shall be resumed lliltil full payn1ent of past billings,
payment of a re-connection and deposit is made as r.equired by this ordinance:-- . -
Sec. 4. Entry authorized.
The City and its duly authorized employees and agents shall be permitted to enter
upon any premises at any reasonable time for the purpose of inspection, measurement,
testing and perfonning such other functions as may be required under the provisions of
this ordinance.
Sec. 5. Amendableness.
Nothing in this chapter shall contractually bind the City or prevent the City from
amending this chapter or discontinuing water service in the City or any part thereof.
Sec. 6. Tampering prohibited.
No person shall maliciously or willf-ully break, damage, or tamper with any water
meter or any structure, appurtenance or equipment which is a part of the water system
without the express authorization of the City. Any violator of this ordinance upon a
conviction of such violation shall be fined in an amount not exceeding $200.00 for each
violation.
ARTICLE III - VALIDITY
The invalidity of any section, clause, sentence, or provision of this ordinance shall
not affect the validity of any other part of this ordinance which can be given effect
without such invalid part or parts.
-091\
ORDINANCE # ,I - 1;
An ordinance entitled "Water Regulation of the Ordinances of II
Geddes, South Dakota, which ordinance shall read as follows:
BE IT ORDAINED BY THE CITY 'OF GEDDES, SOUTH DAKOTA,

THAT TITLE IX WATERWORKS SYSTEM, CHAPTERS 9.01 THROUGH
9.99, INCLUSIVE, OF THE ORDINANCES OF GEDDES, SOUTH
DAKOTA BE REPEALED AND REPLACED WITH AN ORDINANCE TO
READ AS PROVIDED IN THE TEXT ATTACHED HERETO AS
EXHIBIT A.
All ordinances or parts of ordinances In conflict with the

attached text are hereby repealed.
T~e above referred to ordinance shall be in full force and

effect from and after its passage, approval, recording, and
publication as provided by law.
Passed on first reading: ~f~~~'/~!I~c~k=~~~._r+l__~9~~/~9~9_Y ___

7
Voting for passage: ()b:J..-brrnr.I"'\.'jj Pt..--ir';k..j tso\...... (!...o) IC,Ih.et (6</ -I-d'-r h (.""')
Voting against passage: ~-;o,.;~
Absent: ;(>.~Lh 0'" Fro l-I ICr;,- ,..,v~
Passed on second reading:

Voting for passage: _ [2;L 1,.1\
Voting against passage:
Ab sent: j(~ ~I.- 1 r~_ -l, . t
IV
1
Date of Adoption:
Date of Publication:
Attest:
/) I
/ /
lrit,,-,-/~.
PATRICIA BIDDLE, FINANCE OFFICER
CHAPTER 9
'VATER
ARTICLE I - ~t\DMI~ISTRATION
Sec. 1. Private well prohibited.
No person may construct or maintain any well or private source of water upon
public or private property within the City of Geddes (hereinafter referred to as City)
unless the same is in existence prior to the effective date hereof or unless there is no City
water main within 100 feet of the property which the well or private source of water is to
serve. The owner of every residence, business or industrial building in the City abutting
upon any street or alley in which water mains are maintained shall, at his own expense,
connect it with the water main within 30 feet of the property line and provided further
that residences, industrial or other buildings with wells at the effective date hereof shall
not be required to make such connections. If such owner fails to provide for such
connection after notice to do so, the City may provide for the connection and charge the
cost against the property as a special assessment or the City may bring an action to collect
the costs so incun"ed.
Sec. 2. Water application.
Any person connecting with the water system of the City shall apply for
permission on a fonn provided by the City. Such application shall be filed with the City
. Finance officer and the applicant shall thereupon pay the City, as and for an availability
charge, the sum of $50.00. Such availability charge shall entitle the applicant to
connection with the water main, a corporation cock installed, the use of a 3/4 inch line
water meter on the premises, and supervision by the City of the applicant's connection
with the premises. Such availability charge shall be applicable only to premises fronting
or abutting on streets or alleys wherein City water mains are laid. In the event that
application is received for service to oL~er premises, the charge shall be determined by
the governing body at the time such application is granted, but in no event shall be less
than the estimated cost thereof to the City.
Sec. 3. Separate connection required.
Unless special pennission is granted by the City council, each premise owner shall
have a separate and distinct service connection and its own meter. Where pelmission is
granted for branch service systems, each branch system must have its own separate meter.
There shall be one or more stops and waste cocks attached to every supply pipe at some
point between the main and the meter so that the water can be shut off and the meter and
129
the house plumbing entirely drained. A stop furnished by the City shall be installed at or
near the property line and not to be considered one of the stops required between the
main and the meter. There shall be another stop and waste cock in the pipe on the house
side of the meter.
Sec. 4. Meter placement.
Every customer shall provide a suitable place where a meter can be installed and
the City shall install and maintain the same.
Sec. 5. Installations cost; right to disconnect.
The cost of original installation of all plumbing between the main and any service
devices maintained by the consumer and all extensions made to such plumbing, as well as
all repairs, shall be borne entirely by the customer, although such plumbing and services,
as well as the meters, shall, at all reasonable times, be subject to inspection by duly
authorized representatives of the City. In the event any repairs are found to be necessary
by such representative and such repairs are not made promptly, the City shall be
authorized to discontinue service. The City, its agents, employees, and representatives
shall have an unlimited and perpetual right of access to any and all shut-off valves within
the City. Nothing in this Code shall be construed to compromise or otherwise affect such
right of access.
Sec. 6. Installation of taps.
In installing water service, all taps shall be installed, street excavations made,
pipes installed from main to meter, and the meter installed under supervision of the City.
Sec. 7. Diversion and tampering prohibited.
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 municipal water system except to be
drawn through a meter installed by the City. ~o persoI! except an authorized
representative of the City shall tutu on or off or tamper with any water service
connection.
Sec. 8. Meter reading and billing.
On or before the 25th day of each month, a representative of the City shall read all
user meters and report said meter readings to the City Finance Officer. The City Finance
Officer shall log such meter readings, calculate the total water usage and charge therefor,
130
and deliver by mail or by personal service the water user bill to each water user or their
representatives .. Thereafter, the water user is required to pay the billing for water use on
or before the lOth day of each month. The above procedure may be altered or deviated
from only upon a showing of exceptional or special circumstances and the authorization
by the City. Any deviation granted under this provision, however, shall not apply to
past-due amounts.
In addition to tlJ.ose rules set forth in other sections of this chapter, every customer
using the City water system shall be subject to the following regulations and
requirements:
(a) In addition to the connection fee required by Section 2. above, all new users
of the City water system shall pay a deposit in the amount of S50. 00 prior
to services being provided to L1.e property. Such deposit shall be retained
by the City and shall be applied to any unpaid, delinquent, or outstanding
\vater, sewer, or sanitation bill owed to the City upon termination of
services for any reason, whether invohll1tary or voluntary. The provisions
set forth in this subsection shall be effective only as to new users of the
City water system. All users who were connected to and using the City
water system prior hereto, and who have previously paid a water deposit to
the City or who have established a histOly of prompt and timely payment of
water, sewer and garbage collection bills shall not be required to pay the
deposit set forth in this subsection. In the event such prior users of the City
water system have paid a deposit and were using the City water system
prior to the enactment of this ordinance such deposit may be transferred
from residence to residence in the event said user moves within the city
limits.
(b) Failure to mal<e full payment as required herein shall subject such
household to disconnection from the City water system as provided herein.
In the event any household is disconnected due to non-payment of water
bills, no water service shall be resumec. until a re-connection fee of $25. 00
is paid, the previous billings are paid in full, and S50.00 is deposited in
accordance wit.~ paragraph (a) above. All users shall be entitled to at least
10 days, but no more that 30 days, written notice of intent to disconnect
stating the balance of utility charges owed to the City, when such payment
may be made to avoid disconnection of water services, and the time and
date of disconnection of water services if the total amount of water charges
have not been paid by the water user. The City shall be entitled to assess
~
131
and collect a late payment fee of $5.00 from any water user who fails to pay
the billings for water services in accordance with this ordinance and the
time periods set forth herein.
(c) In the event any user of the City water system shall connect or use the water
system without flIst complying with the this ordinance, services shall be
terminated upon discovery of such use by the City. Further, no water
services shall be provided to the property until the customer has fully and
completely complied with all sections, paragraphs, and provisions
contained in this ordinance.
(d) In the event services are tem:inated by the user, the deposit required herein
shall be refunded to the user after all unpaid, delinquent, or outstanding
water, sewer, and sanitation bills have been paid.
Sec. 10. City to retain ownership.
All service pipes, connections, boxes, corporation cocks (shut-off valve), and other
materials from the mains to the lot line shall be, become, and remain the property of the
City, even though the applicant or property owner may have paid for and installed the
line from the main to such lot line; and the contribution of the applicant or property
owner shall be construed as compensation to the City for damages to its streets. The City
shall be solely responsible and liable for maintaining all of the above equipment from the
main through the corporation cock (shut-off valve), and all costs and expenses associated
, therewith shall be the sole responsibility and liability of the 'City.
Sec. 11. Charge.
The charges for water system services will be as follows:
(a) Except as otherwise provided in this section, the lninimum charge for the
"; use of City water shall be $8.50 and such monthly amount shall entitle each
metered user to 1,000 gallons of water. Thereafter, water usage shall be
billed at the following rates:
1,001 gallons to 1,999 gallons of water used - $.30 per 100 gallons;
2.000 gallons or more of water used - $.25 per 100 gallons.
Sec. 12. Non-payment; disconnect.
All water or utility service charges shall be a charge against the owner, lessee and
132
occupant of the premises, and if such charges shall not be paid when due, the City shall
have the right to disconnect water service to the premises as provided by this ordinance,
to collect the delinquent charges by civil action ill any court, or to pursue any other
remedy authorized by South Dakota law..
Sec. 13. Indemnity; bond.
The applicant shall indemnify and save harmless the City from any claims of
injury, loss or damage to third parties arisillg out of the construction work and
connections to the water system~ this provision is a condition deemed important in the
connection permit. The City may, as a further condition to issuance of the connection
permit, require the applicant to file a corporate surety bond for a period of two years.
ARTICLE II - DEFECTIVE SERVICEIDISCONNECT/
I~IPLIED CONSENT
Sec. 1. Complaint procedure.
All claims for defective water service shall be made in writing and filed with the
finance officer on or before the lOth day of the month next succeeding such defective
service, or be deemed waived by the claimant; and if such claims are so filed, it shall be
the duty of the City to investigate the facts alleged in such claim and determine the
amount, if any, which should be refunded to such clalinant by reason of such defective
service. Such amount shall be allowed as a credit on the following bill or paid as other
, claims, but no claim shall be made against the City on account of any [lIe or any injuries
to the person or properiy of any consumer of water under the provisions hereof. Nothing
in this section or this ordinance shall be deemed a waiver by the City of its rights under
South Dakota law with regard to statutory notice requirements for claims against the City.
Sec. 2. Implied consent.
Every person applying for water service from the 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 resolutions or ordinances
of the City and to any modification thereof, and to all new rules, regulations, or rates duly
adopted.
Sec. 3. Disconnect/reconnect.
The City reserves the right to discontinue water service to any or all customers of
the water system, without notice, when necessary for repairs, upon the City discovering
133
proof that a user has been obtaining water services without paying for same, or for
disregard of rules and regulations affecting the service. In the event any customer's
household is disconnected, no service shall be resumed until full payment of past billings,
payment of a re-connection and deposit is made as required by this ordinance.
Entry authorizede
The City and its duly authorized employees and agents shall be permitted to enter
upon any premises at any reasonable time for the purpose of inspection, measurement,
testing and performing such other functions as may be required under the provisions of
this ordinance.
Sec. 5. Amendableness.
Notfung in this chapter shall contractually bind the City or prevent the City from
amending this chapter or discontinuing water service in the City or any part thereof.
Sec. 6. Tampering prohibited.
No person shall maliciously or willfully break, damage, or tamper with any water
meter or any structure, appurtenance or equipment which is a part of the water system
without the express authorization of the City. Any violator of this ordinance upon a
conviction of such violation shall be fmed in an amount not exceeding $200.00 for each
violation.
ARTICLE III - VALIDITY
The invalidity of any section, clause, sentence, or provision of this ordinance shall '
not affect the validity of any ot.~er part of this ordinance which can be given effect
without such invalid part or parts.
134
CHAPTER 16
SEWER SYSTEM
ARTICLE I
GENERAL PROVISIONS
Sec. 1. The provision of this title shall be applicable to anyone

connecting to the city sewer system or to anyone connecting to any
private sewer line which his connected to the city sewer system.
Sec. 2. All connections of private drains or sewers of the city

or the construction or modification of appurtenances to sewers or
sewer connections shall be made in accordance with the rules and
regulations approved by the city council and embodied in this
Chapter, and such further rules as may be from time to time
adopted.
Sec. 3. No excavation or trenches for sewer pipes, or work in

connection with such pipes, attachment appurtenances or
modifications thereof, shall be done by any person or entity
without a special permit, which permit shall be issued by the city
finance officer. The application for said permit shall be made In
writing on blanks furnished for that purpose by the city, and
shall show the location of the proposed connection, and the
appurtenances thereto.
Sec. 4. All such work shall be done under and in compliance with
the direction of the city as herein specified and in strict
conformity with the rules and regulations hereinafter contained;
or modifications thereof as may be hereafter adopted by the city,
and all connection with the pUblic sewer system shall be made in
the presence of a city representative. willful violations of the
said rules or of the direction of the city representative, shall
be cause for suspension of the permit and subject the offender to
any penalties that may be imposed under this Chapter, and such
suspension shall operate until restored by the city. Any such
suspension shall not give the offending party a right to a refund
of any monies paid for permits.
Sec. 5. The lot owner who connects with the public sewer shall be
held responsible for any damage he may cause to the sewer or to
the public streets. He shall restore the street to the
satisfaction of the city and make good any settlement of the
ground caused by the excavation made under and by virtue of any
permit issued under the provision of this Chapter.
Sec. 6. The following rules and regulations are hereby adopted

and approved:
a. Trenches in public streets or alleys shall be excavated

as to impede public travel as little as possible. The
crossing of gutters and all other ways shall be left in
shape so as to permit the ready escape of water during
storms. Planks shall always be provided where sidewalks
or crossings are open so aS,to facilitate easy crossings
over trenches.
b. Appropriate lighting shall be kept around all unfinished

work at night and sufficient barricades shall be placed
around excavations at all times.
c. Work in public streets must not be unnecessarily delayed

and when so directed by the city, the number of workmen
shall be increased to hasten the work to the extent the
city may deem necessary for public interests.
d. Trenches in depths of six feet or over, and in all types

of treacherous soil, or near large brick buildings, shall
be properly braced and the party excavating shall be
liable for all damages arising by reason of neglect in
this respect.
e. The refilling of all trenches in streets or alleys shall

be well and thoroughly done in uniform layers of not
exceeding nine inches and tamped with a tamper of not
less than forty pounds in weight or with puddled earth as
may be directed by the city or its representative, so as
to replace all excavated material and leave the surface
in as good condition as found before the commencement of
the work.
f. No pipe shall be allowed to connect with any sewer with a

fall of less than one one-hundreth of a foot per foot,
and when possible, two one-hundreths of a foot per foot.
g. Connections to the city sewers must be done with
materials which are approved by the city or its
representative.
h. No junction pipe shall be cut or taken up for connection

without a special permit and then only in the presence of
a city representative.
l. Changes of direction of pipes must be made by properly
curved pipe, and not by edging or cutting. No storm
water connections will be permitted in the system of
sewers.
j. Sewer pipe connection, both inside and outside of

buildings, must be Y's and not T's; clean-outs are to be
placed at each change of direction of soil pipes inside
buildings.
k. Accidents to sewers by caving or in cleaning of private
connection shall be promptly reported to the city finance
officer.
1. Entrance to manholes, or the openings to same, except by

the city or its representatives is strictly prohibited.
m. Any defective or 'other work in connection with sewers, or

appurtenances, disapproved by the city shall, upon
written notice, be promptly remedied.
n. The city shall have access at all times to any building

connected with any sewer connected to the city sewer
system to examine the same.
o. No steam exhaust, blow off, drip pipe, refrigerator,

waste pipe or tank overflow shall connect with the sewer,
soil or waste pipe, but shall be connected to a properly
trapped water supplied sink or tray.
p. No one shall throw or deposit or cause to be thrown or

deposited in any vessel or receptacle connected to the
city sewer system, fruit or vegetable peelings, refuse,
rages, sticks, cinders or any other matter or thing
whatever, except human excrement, urine, the necessary
closet paper and liquid house slops.
Sec. 7. Every property owner who shall desire to secure a permit

for laying drain or sewer pipes, or any excavation relating to
making connection with the public sewer, or plumbing in connection
with the appurtenances to sewer connections, or any changes in
connection with the appurtenances or pipes shall secure a permit
for the same from the city for which he shall pay a fee of fifty
dollars ($50.00). Such payment to be made prior to the issuance
of any permit.
Sec. 8. No connection for any cesspool or prlVY vault shall be

made with any public sewer.
Sec. 9. It shall be unlawful for any person or entity to place,

deposit or throw any butcher offal, or garbage, dead animals or
obstruction of any kind whatever in any receiving basin or sewer
in the city.
Sec. 10. It shall be unlawful for any person or entity to wilfully

disturb, dig up or injure any public drain sewer, manhole, or
catch basin or appurtenances thereto.
Sec. 11. Whenever in the discretion of the city it is determined

that sanitation conditions require, the owner of property shall be
required to make private connections with the public sewer.
Such connections shall be prefaced with ten (10) days notice in
writing to he owners of such property that such owners will be
required to make such connections with the public sewers, under
the provision of this chapter. Any person who fails to comply
with the requirements of such notice within twenty (20) days after
said notice is served upon him or them shall be deemed to be in
violation of this ordinance.
Sec. 12. All sewers now or hereafter constructed shall be under

xhe exclusive supervision and control of the city. It shall be
unlawful for any person to do anything in any manner affecting the
said sewer or any part thereof and any device or appliances or
appurtenances used or connected in any way with said sewer without
first obtaining a special permit as provided herein.
Sec. 13. The owner of the premises served by the city sewer shall
bear all costs of installing sewer lines, including excavating,
pipes, connections, labor and all other necessary expense, from
the city sewer line to and upon his premises, and he shall be
charged with the duty and expense of keeping same in good repair.
The fee for sewer permits shall be charge for direct as well as
indirect sewer connections.
Sec. 14. The definitions set forth in the attached appendix hereto
shall apply to the interpretations of this ordinances. Such
appendix may be amended, modified or extended as deemed necessary
by the city by a resolution duly enacted by the city council.
Sec. 15. All sewer pipes, connections, boxes, and other materials
from the mains to the lot line shall be, become, and remain the
property of the city, even though the applicant or property owner
may have paid for and installed the line from the main to such lot
line and shall be liable for the maintenance and repair thereof.
The contribution of the applicant or property owner shall be
construed as compensation to the city for damages to its streets.
Sec. 16. It shall be unlawful for any person to place or deposit

or permit to be deposited in an unsanitary manner upon public or
private property within the city, or in any area under its
jurisdiction and control any sewage or industrial wastes.
Sec. 17. It shall be unlawful to discharge to any natural outlet

within the city, or any area under its jurisdiction and control
any sewage or industrial wastes which have not been suitably
treated as provided herein.
Sec. 18. Except as provided herein, it shall be unlawful to

construct or maintain any privy, septic tank, cesspool or such
facility intended or used for the disposal of sewage.
Sec. 19. The owner of every residence, business or industrial

building in the city abutting upon any street or alley in which
public sewer mains are maintained, shall at his own expense
install a sewer to dispose of all sewage and industrial wastes
from the premises and connect it with the public sewer within
thirty (30) days after notice to do so, provided the public sewer
main is within one hundred (100) feet of his property line. If
the owner fails to provide for such sewer after notice to do so,
the city shall provide for the installation of such sewer and
charge the cost against the property as a special assessment.
~ec. 20. So long as a public sewer main is not available under the
provisions of this ordinances, the building sewer shall be
connected to a private disposal system complying with other
ordinances of the city and with all requirement of the State of
South Dakota Department of Health. At such time as a public sewer
becomes available to the property, the building sewer shall be
connected to it and use of any septic tank, cesspool or other
private disposal facility shall cease.
Sec. 21. Upon issuance of the permit as provided herein, the

person to whom the permit is granted may proceed with the work in
accordance with the permit. The applicant shall notify the city
finance officer of the progress of the work at such stages during
construction as the city may direct and in particular shall notify
the city finance officer when the building sewer is completed and
ready for connection with the public sewer. The city shall be
given an opportunity to inspect the work after it is completed.
Sec. 22. All connections with the city sewer system shall be made
with materials approved by the city. All joints and connection
shall be gas and water tight. The size, slope and depth of the
building sewer shall be subject to he approval of the city, but in
no event shall the internal diameter be less than four inches, and
slope of one-quarter inch to the foot shall be used wherever
practical. The connection of the building sewer with the public
sewer shall be made with the "Y" branch designed for the property,
if suitable; any other location for the connection shall be only
as directed by the city.
Sec. 23. Every building shall be separately and independently
connected with the public sewer.
Sec. 24. No person shall discharge or cause to be discharged into

any public sewer any hazardous substances of any nature or sort.
Hazardous substances are those substances so defined by state and
federal law. No person shall obstruct the flow of the public
sewer systems in any fashion whatsoever.
Sec. 25. All repair and maintenance of a building sewer shall be

the responsibility of the owner of the property. In the event a
break, leak or other malfunction is discovered, same shall be
repaired by the owner within ten (10) days of notice to said
owner. In the event that the repairs are not done within said ten
day time period, the city may repair said malfunction and
charge the cost thereof against the property as a special
assessment.
Sec. 26. Where necessary for the proper handling of liquid wastes
containing excessive grease, any flammable wastes or sand or other
harmful ingredients, the city may require the installation and
maintenance by the property owner, at his expense, the proper
grease, soil, or sand interceptors, except interceptors shall not
be required for private homes or dwellings.
Sec. 27. The applicant shall indemnify and save harmless the city
from any claims of injury, loss or damage to third parties arising
out to the construction work and connections to the city sewer
system; this provision is a conditioned deemed important in the
connection permit. The city may, as a further condition to
issuance of the connection permit, require the applicant to file a
corporate surety bond for a period of two years.
ISec. 28. Every person applying for sewer services from the system,
\and every owner of property for which such application is make,
(Shall be deemed by such application to consent to all the rules,
Iregulations, and rates contained in the resolution or ordinances
lof the city and to any modifications thereof, and to all new
Irules, regulations, or rates duly adopted.
~ec. 29. Abandonment of dysfunctional water and sewer lines shall

be done in accordance with the following:
a. Upon the written petition and consent of all of the owners

and occupants of property served by any water or sewer
line or main or upon majority vote of the city council,
proceedings are thereby initiated for the abandonment of
any water or sewer line or main believed to be
dysfunctional or damaged beyond economical repair.
b. After such petition and consent shall have been filed with
the city finance officer or, in the case of a motion or
resolution, after same shall become effective, the city
shall cause notice of the intention to abandon to be given
by publication once each week for at least two (2)
consecutive and successive weeks.
c. The notice of intention to abandon as published shall

state whether such notice is given pursuant to petition by
owners and occupants or pursuant to motion or resolution
of the city and shall particularly describe the water or
sewer line or main sought to be abandoned and, further
shall set forth the date, time and place when objecting or
aggrieved parties may appear and be heard at a public
meeting to be set and held by the council.
d. A public hearing on the matter shall be held within thirty
(30) days after the first publication of notice.
e. At such public hearing, the city shall hear and consider

any arguments and evidence it deems relevant to the matter
and shall, unless adjourned for further investigation
purposes, decide the matter fairly with due regard for the
public good, the financial interests of the city, its duty
to provide such services, and the interest of any affected
persons.
f. A two thirds (2/3) majority vote of the city council shall

be require for abandonment. Such vote shall be a roll
call vote and shall be duly record in the minutes. Upon
such two thirds majority vote, the governing body shall
declare the water or sewer line or main duly abandoned and
shall thereafter proceed to cause such line to be shut
off, drained, capped, disconnected, or otherwise rendered
safe and the city shall bear all costs and expenses
thereof.
g. A resolution of vacation pursuant hereto shall be

published, to take effect, and be subject to referendum as
other resolutions.
Sec. 30. Any person, firm, entity, or corporation violating any of

the provisions of this chapter shall upon conviction be punished
by a fine not to exceed $200.00 of each such offense.
7)
03/15/2004 17:34 1505337'3635 PAGE 01
ORDINANCE # 2007" 1
An Ordinance Amending the City of Geddes Sewer Rates.
Be it ordained by the City of Geddes, South Dakota
Whereas, the City of Geddes has deemed it necessary to modify its current sewer rates;
and
Whereas, it is in the public interest of the City of Geddes to modify its current sewer rates
and set the same at twenty-five dollars ($25.00) per user per month effective Aprill,
2007; and
Now therefore be it resolved that the Geddes City Council hereby adopts an ordinance
entitled Ordinance Amending the city of Geddes Sewer Rate and hereby sets the sewer
rate at twenty five dollars ($25.00) per user per month effective April!, 2007.
th
D~!~d·~tGeddes, South Dakota the 8 day of January, 2007.
~_ •• '~-""''''b . . . ."1
' ' "' . '

By: ~ _
Darwin Iedema, Mayor of Geddes
Attest: 17 tl "<:"
By: -f"d- j;)~~[~
Pat Biddle, City Finance Officer
First Reading: January 8,2007 Approve: ~~~_
Second Reading: February, 12,2007 Published: ;;;;-,;; ( - 0 1
ORDINANCE NO. ~6 - ~
AN ORDINANCE AMENDING THE CITY OF GEDDES SEWER RATE
Be it ordained by the City of Geddes, South Dakota.
WHEREAS, the City of Geddes has deemed it appropriate to modify the current sewer rates; and
WHEREAS it is in the public interest for the City of Geddes to modify its current sewer rates
and to set the same at seventeen dollars ($17.00) per user per month; and
NOW THEREFORE BE IT RESOLVED that the Geddes City Council hereby adopts an
ordinance entitled An Ordinance Amending the City of Geddes Sewer Rate and hereby sets the
s~wer rate at seventeen dollars ($17.00) ·per user per month.
Dated at Geddes, South Dakota this --.Li..- day of f)~- ,2005.
By: G:L ", /J_ La _~

p{/~~
Darwin Iedema,
Mayor of Geddes
ATIEST:
By: /j
-h.,1- dr.i1I4"'-~
_ _ _ _ _ _ _ (City Finance Officer)
City Finance Officer
?7J ~
First Reading:
Second Reading: p;u ,nV:-O-,3CJ -'--,, 2005
2005
Approval: !?:!.. : ' 13" , 2005

Published: F"~ 1(, ,2005
APPENDIX
a) ~ means the City of Geddes, South Dakota, or its officers or emp10yees

authorlzed to perform the functions to which there is reference.
b) Sewa9~1stem [lI(~ans all the systems of the City for the collection,
treatment anadlspositiorJ of sewage and illdustrial waste, ir1C1uding the
sewers and the sanitary sewage treatment ulility.
c) Sev-Jage means woter-carried wastes frolll residences, institutions, business

buildings and other establishments.
d) _S~:~ rnCiH1S a pipe or cOl1cJui t for cJrryill9 SCvJc1CJC.
e) Public Sewer means a sewer cOnJ1l0n to the public (mel Y-/hich is controlled
by public authority.
f) Sanita~~er means a sewer carrying se\'/age and to which StOnll surface

ond ground water is not intentionally admitted.
g) Sanitary Se~~_IT~atl11er~t Uti~i.!:y. or Sewa9~_ Treatment Util i!t means
that port of the sewr1ge system consisting of r1 lagoon, lift station, and
appurtenant facilities, but doen not include the sewers for the collection
of sewage.
h) lndustrial Waste means the liquid vJasle resultiny from any comnercia1,
man u- ra c t ur ; n9 0 r rndus t r i J lope r i1 t ion a s dis tin c t from sewa9e .
i) Building Drain means that part of the lowest horizontal piping of a

dralnage system which receives the discharge from soil, waste and other
drainage pipes inside and conveys it outside the inner face of the building
wa 11 .
j) 8uild~flg Sewer llleans the extension from the buildlTlg draill to the public
sewer maln.
k) Person means an individual, corroration (public or private), partnership

or association.
1) User means the owner, 1essee or occupant of the premi ses connected to
the mun i c i pa 1 sewage sys teln.
Ill) Service means connection to lhe sewage system and the ri<Jht to the use
of TIs-facilities whether or not the facilities are in fJct used.
n) Notice means a notice in wriLing directed Lo Lhe owner or other person

affected for the time specified by lhis chapter, stating briefly the
cOlldition which is the reason for the notice Jnd the consequences which
W0 U 1d res u 1 t up 0 n fa i 1u ret 0 c 0111 ply wit h the term S 0 f the not ice. A not ice
shall be deemed i]lven wilen either it is personally served on the person
to whom it is directed or is mailed to him at his last known address. If
the owner canno~. be rcached by rna; 1 so addressed, service may be made upon
the occupant.

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Geddes Original Code

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REVISED ORDINANCES OF THE

CHARLES MIX COUNTY

ENACTED THE 12TH DAY OF APRIL, 1999.

EFFECTIVE DATE: MAY 19TH, 1999.

Chapter 1 Administration ............•.....••••..•..•. 1

Chapter 2 City Policies . 7

Chapter 5 ,Public Amusements •••...................••.. 12

Chapter 6 Building and General Building Regulations .. 13

Chapter 7 Regulation of Traffic ••.............•..••.. 20

Chapter 8 Alcoholic Beverages ............•.•..•.•••.. 32

Chapter 9 Regulation and Licensing of Dogs ......•... ~ 34 ~

Chapter 12 City Officials and Employees .......•..•...• 52

Chapter 13 Elections .......•.•••.••......•.•••••••.••. 59

Chapter 14 Garbage and Trash .•••..•......•.••......... 60

Chapter 16 Sewer System . 70

This ordinance, hereinafter also referred to as this Code,

Sec. 2. Catchlines of sections.

The catchlines of the several sections of this Code printed

Sec. 3. Rules of construction and definitions.

In the construction of this Code, the following rules shall

Generally. The provisions of this Code shall be liberally

Code. The term JlCode" or "this Code" shall be taken to mean

each and every section thereof. The entire Code is intended by

Computation of time. In computing any period of time

Council. The term, "council", "common council" or "city

Councilman. The members of the Council may be referred to

Acting Mayor. The term "acting mayor" shall mean the

Duties performed by agents. Whenever in this Code any act

Gender. A word importing the masculine gender only shall

Joint authority. Words purporting to give authority to

duly serving in his stead.

Month. The word "month" shall mean a calendar month.

Number. Any word importing the singular number shall

Oath. The word "oath" shall be construed to include an

Officers and employees. Whenever reference is made in this

Person. The word "person" shall extend and be applied to

Signature or subscription. The word "signature" or

State. The words "the state" or "this state" shall be

Tense. Words used in the past or present tense include the

Variations in punctuation; typographical. errors: etc. No

Written or in writing. The term "written" or "in writing"

shall be construed to include any representation of words,

letters or figures, whether by printing or otherwise.

Year. The word "year" shall mean a calendar year.

Sec. 4. Continuance of city's rights and obligations.

The city shall continue to own, possess and control all

Sec. 5. Code does not impair vested rights or valid

Nothing in this Code shall be so construed as to impair any

Sec. 6. Territorial application of Code.

Except as otherwise provided in this Code or by state law,

Sec. 7. Miscellaneous ordinances not affected by Code.

Nothing in this Code shall affect the validity of any of the

(a) Ordinances granting any franchise, right-of-way,

(b) Ordinances providing for the issuance of bonds, special

(c) Ordinances providing for appropriations.

(d) Ordinances establishing or changing street grades or

(e) Any ordinance adopted after the effective date of this

Sec. 8. General penalty; continuing violations.

Whenever in this Code or in any ordinance of the city an act

For a violation of this Code or any other ordinance of the

Sec. 10. Prosecution's election when offense created by more

In all cases where the same offense is made punishable or is

Sec. 11. Powers and authorities are cumulative; separability of

Except as otherwise expressly provided, all powers and