Title 5 – City Ordinances – Offenses
TITLE 5 – OFFENSES
Chapter 5.01 – Offenses Against Public Welfare
Chapter 5.02 – Animals
Chapter 5.03 – Fireworks and Firearms
Chapter 5.04 – Minors
CHAPTER 5.01 – OFFENSES AGAINST PUBLIC WELFARE
5.0101 City Parks and Public Buildings Closed to the Public at Specified Times. For the purpose of preservation and protection to the City park facilities and public buildings it shall be unlawful for any person or persons to enter or remain in such public places after closing hours as specified by the City Council. Any violation of this section shall constitute a misdemeanor.
5.0102 Indecency. It shall be unlawful for anyone within the City to:
A. Knowingly disseminate, distribute, or make available to the public any obscene materials.
B. Knowingly engage or participate in any obscene performance made available to the public.
C. Knowingly engage in commerce for commercial gain with materials depicting and describing explicit sexual conduct, nudity, or excretion utilizing displays, circulars, advertisements and other public sales efforts that promote such commerce primarily on the basis of the prurient appeal.
D. Appear in any public state in a state of dress intended to make any indecent exposure of his or her person. No person shall appear in any public place nude or expose any genitalia.
E. No person shall defecate or urinate on any public or private property within the city.
Any violation of this section shall constitute a misdemeanor. As used in this Section, the following definitions shall apply:
A. Obscene. To the average person applying contemporary community standards, taken as a whole, that the predominant appeal of the matter appeals to the prurient interests and (i) depicts or describes patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated; or (ii) depicts or describes patently offensive representations or descriptions of masturbation, excretory functions, or lewd exhibits of the genitals; and which, taken as a whole, lacks serious literary, artistic, political or scientific value.
B. Prurient Interest. Shameful or morbid interest in nudity, sex or excretion which goes substantially beyond customary limits of candor in description or representation.
C. Material. Any book, magazine, newspaper or other printed or written material or any picture, drawing, photograph, motion picture or other pictorial representation or any statue or other figure, or any recording, transcription or mechanical, chemical or electrical reproduction or any other articles, equipment or machines.
D. Dissemination. To transfer possession of, with or without consideration.
E. Knowingly. Being aware of the character and content of the material.
F. Promote. To cause, permit, procure, counsel or assist.
5.0103 Roller skates and Skateboards Prohibited in the Business District. No person shall ride upon, in or by means of roller skates/blades, coasters, go-carts, skateboards or other similar wheeled device upon a sidewalk in any business district. (9-32-1) Any violation of this section shall constitute a misdemeanor.
A. Definition as used in this Section:
“Business District” – An area in which 50% or more of the street footage for a distance of 200 ft. or more is occupied by buildings used for business commercial, educational, governmental or religious purposes and/or is used for parking vehicles either as a parking lot or a parking ramp.
B. Exception. Provisions of this Section do not apply to:
1. Physically handicapped persons who have been disabled in such a manner as to make it difficult and burdensome to walk and who use a wheelchair or other wheeled device on the sidewalk.
2. A wheeled vehicle used to transport a person under five (5) years of age.
C. This Section shall not apply to bicycles. Bicycle regulation within the city shall be governed by Chapter 32-20B of the South Dakota Codified Laws.
5.0104 Excessive Noise, Including Radios, Television Sets, Musical Instruments, and Such Similar Devices Prohibited. Using, operating, or permitting the use or operation of any radio receiving set, television set, musical instrument, drum, or other machine or device, for the production or reproduction of sound in such a manner as to be plainly audible at the property boundary of the source or plainly audible at fifty (50) feet from such device when operated within a vehicle anywhere within the limits of the City, is prohibited. A violation of this section is a misdemeanor. Amended 12/7/16 Ordinance #2016-1
CHAPTER 5.02 – ANIMALS
5.0201 Definitions. The following terms are hereby defined for purposes of these regulations:
1. “At Large”
a) An animal when off the premises of the owner and not under the control of the owner, possessor, keeper, agent, servant, or member of his immediate family by a leash.
b) An animal when on the premises of the owner, possessor, keeper, agent, or servant and not attended by a competent person unless the animal is chained, restrained, enclosed, or confined in a manner preventing it from leaving the premises or from reaching the sidewalk.
2. “Leash” A cord, thong, or chain, not to exceed six feet in length, by which an animal is controlled by the person accompanying it.
3. “Owner” Any person harboring or keeping an animal or who is head of the household or owner or manager of the premises where such animal remains.
5.0202 Running at Large Prohibited. No owner of any dog, cat, or other animal held as a domestic pet in the City shall permit such animal to run at large at any time, and any such animal found at large may be impounded as hereinafter provided. An owner reclaiming an impounded animal shall pay the following fee: First impoundment shall be $25.00; second impoundment within a twelve (12) month period shall be $50.00; any subsequent impoundment within a twelve (12) month period shall be $100.00. Upon impounding, the owner of such animal may at any time within five (5) three (3) working days after the same shall have been impounded, reclaim the animal by paying the expense of keeping such animal (in addition to the fee prescribed by this Section). If any animal so impounded shall not be reclaimed within five (5) three (3) working days and all efforts to locate the owner have failed, the City is authorized to destroy, sell, or otherwise dispose of such animal. Amended 11/7/07 Ordinance 2007-2
Any owner allowing their animal to run at large as defined in the provisions of this Section, if convicted, shall be guilty of a misdemeanor. Any animal not having a visible tag and running at large may be deemed a stray and destroyed immediately.
5.0203 Impoundment. The City Council shall be authorized to enter into a contract with some person, association or Humane Society to establish, operate and maintain an Animal Pound for the City. Such contract shall provide for the enforcement of this Chapter, for the impounding, destroying and disposal of animals, for a schedule of fees to be charged for services rendered, and for a monthly amount to be paid by the City. The City may, in lieu of the provisions of this Section, maintain its own impoundment area or quarters, under the supervision of the City Council.
No person shall hinder, delay, or obstruct any law enforcement officer or other authorized official when engaged in capturing, securing or impounding any animal or animals. A violation of this section shall constitute a misdemeanor.
5.0204 Compulsory Immunization of Animals for Rabies. Every dog, cat or other animal held in the City, six months of age or older, shall be immunized against rabies by a licensed veterinarian. Immunization against rabies shall be given at 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 a dog, cat or other animal by purchase, gift, birth or otherwise, shall have such animal immunized against rabies within one month following acquisition or when such animal reaches the age of six months.
Any animal impounded shall not be released to any person until such animal has been immunized against rabies, provided, however, no animal so impounded shall be immunized if the owner can present a certificate of a current immunization having been previously performed.
All veterinarians or other qualified persons designated to immunize animals against rabies shall provide the owner at the time of immunization with a certificate or metallic tag showing the date of the immunization.
Whenever metallic tags are so given for immunizations, such metallic tags shall be worn by all animals on a collar, harness, or chain when off the premises of the owner.
Any violation of this section shall constitute a misdemeanor.
5.0205 Responsibility of owner to Place Animal for Observation. When any person owning or harboring a dog, cat or other animal has been notified that said animal has bitten or attacked any person, the owner shall within twenty-four (24) hours place the animal under the care and observation of a law enforcement officer or a licensed veterinarian for a period not less than ten (10) days. No person shall knowingly harbor or keep any animal infected with rabies or any animal known to have been bitten by an animal known to have been infected with rabies. Any person within the City receiving information or reports of suspected rabies in wild animals or domestic animals shall report such information to a law enforcement officer.
A violation of this section shall constitute a misdemeanor.
At the end of the ten (10) day observation period, the animal shall be examined by a licensed veterinarian and if cleared by the veterinarian, may be reclaimed by the owner upon paying the expenses incident thereto.
Any animal impounded or placed for observation, showing active signs of rabies, suspected of having rabies, or known to have been exposed to rabies, shall be confined under competent observation for such time as may be deemed necessary to determine a diagnosis.
Whenever law enforcement officer or other authorized official shall have determined that there is danger of the existence or spread of rabies in the City, such facts shall be made known to the City Council. The Council, upon receipt of said facts, may by proclamation, in the interest of public safety and general welfare of the citizenry, order all animals muzzled when off the premises of the owner. Forty-eight (48) hours after the approval of said proclamation all animals found off the premises of the owner unmuzzled shall be seized and impounded or may be immediately destroyed- if all reasonable efforts to seize said animals fail. All animals seized and impounded shall be held for observation as hereinbefore provided for not less than ten (10) days, and if cleared by a licensed veterinarian, may be claimed by the owner upon paying the expenses incidental thereto. Any animal not claimed may be disposed of as hereinbefore provided.
5.0206 Vicious Animals.
A. Vicious animals prohibited. It shall be unlawful for any person to keep, maintain or have in their possession or under their control within the city any vicious animal.
B. Specific canine breeds prohibited as vicious. It shall be unlawful for anyone to have in their possession or control any of the following breeds of canines within the City of Bridgewater:
1. Staffordshire Bull terrier, American pit bull terrier, American Staffordshire terrier, or any dog commonly known as a “Pitbull”
2. Rottweiler
3. Doberman Pincer
4. Wolf
5. Any canine which has the appearance and characteristics of being predominantly one or more of the breeds listed above. Ordinance repealed 9/3/2014
B. Reserved for future use.
C. Vicious animal defined. Any animal which, according to records of the appropriate authority, has inflicted serious injury on a human being on public or private property. Any animal, according to records of appropriate authority, has killed or seriously injured a domestic animal while OFF of the owners property. Any animal owned or harbored primarily or in part for the purpose of fighting, or any animal trained for fighting. Any animal which chases or approaches a person upon the streets, sidewalks, or any public or private property in a menacing fashion or apparent attitude of attack. Any animal of a known propensity, tendency, or disposition to attack, to cause injury, or to otherwise threaten the safety of human beings or animals.
D. Exemptions for animals that are provoked. It is recommended no animal be declared vicious if the threat, injury or damage was sustained by a person who at the time was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the animal, or was teasing, tormenting, abusing or assaulting the animal, or has, in the past, been observed or reported to have teased, tormented, abused or assaulted the animal or was committing or attempting to conduct a crime.
Any animal involved in an unprovoked attack which results in serious injury to any human, shall be impounded and if unable to be captured, any law enforcement officer is authorized to destroy the animal to prevent further endangerment to human life.
Any animal impounded for an unprovoked attack which results in injury to any human, shall be euthanized, or at the discretion of the city the animal may be placed at a home outside of the city. Unless permitted by the city council, no vicious animal shall be returned to reside in the city. Because of the dangers involved in housing a vicious animal, the owner must show cause in court within five days of impoundment of vicious animal why the animal should not be destroyed.
E. Wild or dangerous animals prohibited. It shall be unlawful for any person to keep, maintain or have in their possession or under their control within the city of Bridgewater, any poisonous reptile or any other dangerous animal or carnivorous wild animal or reptile, or any other animal or reptile of wild, vicious or dangerous propensities.
F. Dangerous animal defined. Any wild mammal, reptile or fowl which is not naturally tame or gentle, but is of a wild nature or disposition, and which because of its size, vicious nature or other characteristics would constitute a danger to human life or property if it escaped from secure quarters. Dangerous animal also includes any domestic mammal, reptile or fowl which because of its size or vicious propensity or other characteristic would constitute a danger to human life or property if it escaped from secure quarters.
G. Specific animals prohibited as dangerous. It shall be unlawful for any person to keep, maintain or have in their possession or under their control within the city any of the following animals:
1. Any animal which has been declared to be protected or endangered by the U.S. Department of the Interior
2. All poisonous animals, including rear-fang snake
3. Badgers {mellinae}
4. Bears {ursidae}
5. Beavers {castoridae}
6. Canids, that is: Wolves, Foxes, Coyotes, Jackals, Dingo, Raccoon dogs, or any hybrid thereof
7. Civet {viverrines}
8. Civet or raccoon dog {nycterevtes procyonoides}
9. Constrictor snakes
10. Crocodilians, that is: alligators, crocodiles, caimans, cavials
11. Eagles, hawks, owls
12. Edentata, that is: anteaters, tamanduas, sloths, armadillos
13. Emus {casuariiformes}
14. Felids, that is: lions, tigers, leopards, cheetahs, jaguars, pumas, lynx, ocelots, bobcats or any hybrid thereof
15. Game Cocks and other fighting birds
16. Hyenidea {hyenas}
17. Marsupials, that is: opossums, tasmanian wolf, kangaroos, koalas, wombats
18. Muskrats {ondatra}
19. Ostriches {struthio}
20. Porcupine {hystricomorpha}
21. Primates (non human), that is: apes, monkeys, baboons, chimpanzees, gibbons, gorillas, orangutans, siamangs
22. Procuoriids, that is: raccoons, coatis, kinkajous, ring-tailed cats, pandas
23. Rheas {frheiformes}
24. Skunks {imephitinae}
25. Squirrels {sduridae}
26. Sharks {chondrichthyes}
27. Swine {suidae}
28. Ungulates, that is: elephants, zebra, tapirs, rhinoceroses, camel llama, caribou, antelope, bison, reindeer, deer, giraffe, hippopotamus, wild boar, gazelle, gnu
29. Water buffalo {bubalus}
30. Wart hogs {phacochorus aethiopicus}
31. Weasels
H. Commercial animal shows or circus companies may obtain a permit from the city for shows to be performed in the city.
5.0207 Disturbance of Peace by Animals. The owner of an animal shall not allow such animal to disturb the peace and quiet of the neighborhood, also construed to mean the City, through barking or any other manner possible. Upon complaint such owner will be notified by a law enforcement officer and said owner shall abate such nuisance. If convicted upon failure to abate such nuisance, said owner shall be fined a sum of twenty five (25) dollars of thirty (30) dollars. If a second or subsequent violation occurs within a twelve (12) month period, said owner shall be fined a sum of fifty (50) dollars. If a third violation occurs within a twelve (12) month period, said owner shall be fined a sum of one hundred (100) dollars shall be Summoned to appear in court, and upon conviction, the penalty shall be established by the Presiding Judge (with such penalty falling within the maximum penalty established for a Class 2 Misdemeanor). Moreover, in the event of a conviction for second or subsequent offense, which offense involves the same dog or cat, the License issued for such animal (pursuant to Ordinances 5.0211 and 5.0212) is revoked as of the day Judgment is pronounced by the Sentencing Judge, and no further license shall be issued for such animal unless such a license is first approved by the City Council at its sole discretion and upon such terms and conditions as the Council may set. In the event of such a revocation, the subject dog or cat must be removed from the city limits within 24 hours and may not be returned unless a License is issued as set forth in this section. A violation of this provision (failure to remove a dog or cat following revocation of its License) is a misdemeanor and each day a dog or cat is retained within the City limits, may be charged as a separate violation. Amended November 4, 2015 Ordinance 2015-1
5.0208 Cruelty to Animals. No person shall willfully or negligently maltreat or abuse or neglect in a cruel or inhumane manner any animal or fowl. It shall be unlawful for any person to willfully or maliciously administer or cause to be administered, poison of any sort whatsoever to any animal, on the property of another, with the intent to injure or destroy such animal, or to-willfully or maliciously place any poison or poisoned food where the same is accessible to any such animal.
5.0209 Poisoning Animals. It shall be a misdemeanor for any person to willfully or maliciously administer or cause to be administered, poison of any sort whatsoever to any dog, cat or other animal held as a domestic pet, with the intent to injure or destroy such animal, or to willfully or maliciously place any poison or poisoned food where the same is accessible to any such animal.
5.0210 Stray, Abandoned, or Unkept Animals. It shall be a misdemeanor for any person to harbor or keep any stray animals or abandon any animal within the City. Animals known to be strays shall be reported to a law enforcement officer immediately. (SDCL 9-29-12)
5.0211 Licensing of Dogs and Cats Required. Each owner or keeper of a dog or cat of the age of six (6) months or over shall within thirty (30) days of the acquisition of such animal or within thirty (30) days of the time such animal becomes six (6) months old, cause such animal to be licensed by the City. A violation of this section shall be a misdemeanor.
5.0212 Application for License. Every owner or keeper of a dog or cat within the City must submit an application for animal license for each animal owned six (6) months old or older. Licenses issued under this section shall be valid from the first day of July until the thirtieth (30th) day of June next following year. If any cat or dog is required to be licensed less than six (6) months before the last day of July, the owner shall be required to pay one-half of the normal yearly license fee. The application shall be furnished by the Finance Officer. All applications for license certificates must be accompanied by a rabies immunization certificate signed by a licensed veterinarian, along with the appropriate fee, as shown in Section 5.0213. A certificate and tag shall be issued upon receipt of a proper application for license. The certificate at all times must be in the possession of the owner. The owner shall contact the Finance Officer to report change of ownership, loss or death of a licensed animal. If a tag or certificate is lost, either may be replaced for a fee of one dollar ($1.00). The tag must be worn by all dogs and cats.
5.0213 License Fee Schedule. The fee for licenses shall be as follows:
Neutered/Spayed dogs or cats $2.00
Unneutered/Unspayed dogs or cats $4.00
The City Council may in special instances, after a hearing, exempt the license fee in individual cases.
CHAPTER 5.03 – FIREWORKS AND FIREARMS
5.0301 Fireworks Prohibited. The use, throwing, lighting, or firing of fireworks within the City shall be authorized in accordance with SDCL 34-37. The provisions of this Section shall not apply to any person, firm or corporation duly licensed by the City Council in accordance with Chapter 4.01 of this ordinance to discharge fireworks for public entertainment at any public celebration in the City.
No one under the age of 21 will be allowed to discharge any fireworks at any city facility.
No fireworks are to be used, exploded, set off or fired at any time on Main Avenue from Highway 262 to Fourth Street and on Third Street from Poplar Avenue to Juniper Avenue, commonly known and referred to as the business section. It shall at all times be unlawful to throw at or from moving vehicles any type of fireworks and there shall be no firing or use of fireworks after 10 p.m. unless a special permit is approved by the City Council. Any violation of this section shall be a misdemeanor.
5.0302 Discharging Weapon. No person shall discharge any pistol, gun, revolver, or other firearm, or any device capable of firing a projectile either by air or compressed gas or any other means which would likely cause injury to any person, or discharge any dangerous weapon, within the city limits. Law Enforcement officers in the performance of their duties are exempted. The city council may grant exceptions for special events or activity after a public hearing. Any violation of this section shall be a misdemeanor.
CHAPTER 5.04 – MINORS
5.0401 Curfew Hours and Exceptions. Amended 11/7/07 Ordinance 2007-1 It shall be unlawful for any person under the age of sixteen (16) to be on the streets, alleys, or public grounds of the City between the hours of 11:00 pm and 4:00 am; and it shall be unlawful for any person over the age of sixteen (16) but under the age of eighteen (18) to be on the streets, alleys, or public grounds of the City between the hours of 12:00 p.m. (Midnight) and 4:00 a.m. All such persons may, however, be allowed on the streets, alleys, or public grounds of the city after hours, if unless accompanied by parents or a legal guardian, or unless if such person shall be upon some necessary errand by written permission of a parent, guardian, or employer and said person so permitted to be outdoors shall have has with him or her such written permission. and shall upon request of any police officer of the City exhibit the same to said police officer. An exception to the curfew will also be made in the case of activities officially sponsored by schools, churches, or the City, when in which case the curfew will extend one-half (½) hour beyond the time said activities end. (SDCL 9-29-13)
5.0402 Responsibility of Officers. It shall be the duty of any police officer of the City to arrest and detain any person who violates any of the provisions of this Chapter and to keep such person detained until his or her parents, guardian, or person in control will appear before the police or other authorized personnel to answer to the charge of having violated this Chapter.
5.0403 Responsibility of Parents or Guardians. Amended 11/7/07 Ordinance 2007-1 It shall be unlawful for the parents, guardian or other adult person having the care and custody of a minor under the age of sixteen (16) years to knowingly permit such a minor to be or remain in or upon the public streets, alleys, parks, playgrounds, public grounds, public places, public buildings, public places of amusement and entertainment, vacant lots or other unsupervised public places within the City between the hours of 11:00 p.m. and 4:00 a.m. of the following day, except if the minor is accompanied by his or her parent, guardian or other adult person having the care and custody of the minor or when the minor is upon an emergency errand or legitimate business directed or authorized by his or her parent, guardian or other adult person having the care and custody of the minor.
It shall be unlawful for the parents, guardian or other adult person having the care and custody of a minor over the age of 16 but under the age of eighteen (18) years to knowingly permit such a minor to be or remain in or upon the public streets, alleys, parks, playgrounds, public grounds, public places, public buildings, public places of amusement and entertainment, vacant lots or other unsupervised public places within the City between the hours of 12:00 a.m. and 4:00 a.m. of the following day, except if the minor is accompanied by his or her parent, guardian or other adult person having the care and custody of the minor or when the minor is upon an emergency errand or legitimate business directed or authorized by his or her parent, guardian or other adult person having the care and custody of the minor.