Title 1 – City Ordinances – Administrative Code
TITLE 1 – ADMINISTRATIVE CODE
Chapter 1.01 – Municipal Employees
Chapter 1.02 – Mayor and City Council
Chapter 1.03 – Fire Department
Chapter 1.04 – Municipal Liquor Store
Chapter 1.05 – Finance Regulations
Chapter 1.06 – Ambulance Service
CHAPTER 1.01 – MUNICIPAL EMPLOYEES
1.0101 Appointment of Officers. At the regular meeting of each May, there shall be appointed a Finance Officer, Police Officer, Maintenance Superintendent and such other officers as may be provided by ordinance, to hold office until the appointment and qualifications of successors. All such appointments shall be made by the City Council. The City Council may by resolution enter into a contract pursuant to SDCL 9-14 with an attorney to provide legal services to the City as the City Attorney. (SDCL 9-14-3)
1.0102 Salaries. The salaries of all appointive officers and employees of the City shall be reviewed and approved at the regular meeting each September, and shall be paid as established by the City Council. The Finance Officer shall be bonded in such sum to be approved by the City in accordance with state law, conditioned for the faithful performance of the duties of such office. (SDCL 9-14-1, SDCL 9-14-28)
1.0103. Employment Policies. All policies regarding personnel regulations and benefits of the City shall be included in the Personnel Policy Manual, which shall be filed with the Finance Officer and available to all personnel.
1.0104. Time Clock. Be it ordained by the City of Bridgewater that the City deems it is the best interests as an employer and for the employees of the City of Bridgewater for the adoption of a policy or policies for the contemporaneous recording of an employee’s work time. To that end, the City of Bridgewater through its City Council shall adopt a policy or policies requiring all employees to record their actual time worked through the use of a mechanical time clock or other electronic or mechanical means, which shall provide an accurate, and contemporaneous clocking of an employee’s actual time worked for the City. The policy shall include appropriate exceptions as the City Council shall determine for emergency personnel, such as ambulance and fire department personnel; exceptions for the Mayor and City Council members; appropriate sanctions for failure of an employee to follow the policy or policies; and such other matters as the City Council shall determine appropriate.
CHAPTER 1.02 – CITY COUNCIL
1.0201 Composition. The City Council shall consist of the Mayor elected at large, and six aldermen, two elected from each ward, who shall each hold office for two years. (SDCL 9-8-4)
1.0202 Regular Meetings. On the first Monday of each month at 7:00 p.m., or at such other time as may be determined by the Mayor, the City Council shall meet at the City Hall or other designated place, to consider, take under advisement, and act upon such business as may come before it. (SDCL 9-8-3) Amended 12/30/09 Ordinance 2009-3 On the first Monday of each month at 7:00 p.m., except when the Monday falls on a legal holiday, or falls within the first four days of the month, and in that case the meeting shall be held at 7:00 p.m. on the following Monday, or at such other time as may be determined by the Mayor, the City Council shall meet in the Council Chambers of the Finance Office or other designated place, to consider, take under advisement, and act upon such business as may come before it. (SDCL 9-8-8)
1.0203 Special Meetings. Special meetings may be called by the mayor or by any two alderman at any time, to consider only such matters as shall be mentioned in the call for such meeting, by written notice thereof given to each member of the Council.
1.0204 Mayor – Duties. The Mayor shall preside at all meetings of the City Council, but shall have no vote except in case of a tie. The Mayor, with the approval of the Council, at the first meeting in May each year, shall appoint one or more members of the Council to act in a supervisory capacity in the Departments of Water, Street, Police, Fire and any other departments of the City, and such Councilmen, so appointed shall have supervision over the Department to which they are named as supervisors and shall from time to time and as requested by the Council, report as to the condition and matters in said department. The Mayor shall perform such other duties as may be prescribed by laws and ordinances and ensure that such laws and ordinances are faithfully executed, and shall have the power to veto any part or item of an ordinance or resolution appropriating money. (SDCL 9-8-3).
1.0205 President and Vice-President of Council. At the first regular meeting after the annual election in each year and after the qualification of the newly elected council members, the council shall elect from among its own members a president and vice-president, who shall hold their respective offices for the municipal year.
The president of the council in the absence of the Mayor shall be the presiding officer of the council, and during the absence of the mayor from the first or second class municipality or his temporary disability shall be acting mayor and possess all the powers of the Mayor.
In the absence or disability of the Mayor and president of the council the vice-president shall perform the duties of the mayor and president of the council. (SDCL 9-8-7)
1.0206 Compensation – Mayor and City Council. The Mayor and Councilmen are to be allowed compensation as set by resolution of the City Council. Compensation of the Mayor and Councilmen as herein set forth shall be paid at such times as may be decided upon by the Council.
CHAPTER 1.03 – FIRE DEPARTMENT
1.0301 Establishment. There shall be established for the City a Volunteer Fire Department which shall consist of a Chief, Assistant Chief, Secretary-Treasurer, and such other members as may be from time to time determined by the Fire Department. (SDCL 9-33-13)
1.0302 Constitution and Bylaws. The Fire Department may adopt such constitution and bylaws and rules for its regulation and government, subordinate to the ordinances of the City, as it may deem best calculated to accomplish the object of its organization.
1.0303 Members. The members of the Fire Department shall be able bodied persons of good moral character, duly elected by a majority of the active members of the Fire Department.
1.0304 Terms of Office. The Chief, Assistant Chief, and Secretary-Treasurer shall be the head of the Fire Department and shall hold office for a term of two years and until their successors shall be appointed and qualified. The Secretary-Treasurer shall be elected each year.
1.0305 Appointment of Officers. The officers shall be nominated by the active members of the Fire Department and elected by a majority of members present at the annual meeting of the Fire Department in December to be held on the second Tuesday in June; the names of such officers shall be reported to the City Council and confirmed by them.
1.0306 Meetings. The Fire Department shall meet at least once a month upon call of the Fire Chief and any member not responding to such call unless absent from the City, or upon other good cause shown to the satisfaction of the Chief of the Fire Department, may be dismissed from said Department.
1.0307 Appropriation. The City Council shall in its annual appropriation, appropriate such amounts as they may deem necessary for the purpose of maintaining such Fire Department including equipment, ladders, trucks, hoses and other apparatus, and providing such necessary articles of clothing as they may deem necessary for the members of said Department. (SDCL 9-33-12)
1.0308 Equipment. The equipment, trucks, implements and all apparatus, shall be kept at such place as may be provided and directed by the City Council and shall at all times be ready for immediate use. (SDCL 9-33-11)
1.0309 Duties of Chief. The Fire Chief shall have sole charge and control over all members of the Fire Department and fires. The Chief shall, at all times, have the general direction and management of all hoses, chemicals, engines, and other apparatus belonging to the Department.
1.0310 Fire Zone. The Chief, or acting Chief in command, may prescribe limits around any fire, and it shall be unlawful for any person, except those who reside therein, or firemen, law enforcement officers and those given admission by any officer of the Fire Department, to enter therein.
1.0311 Investigation of Cause of Fire. The Chief shall inquire into and investigate the cause of each fire that occurs in the City as soon as possible, and make a record of such proceedings and file the same or a copy thereof with the Secretary of the Fire Department.
1.0312 Financial Estimate. The Chief shall prepare in detail and submit to the Finance Officer on or before the first day of August in each year, an estimate of the entire cost and expense of providing and maintaining the Fire Department during the current fiscal year, and shall present such estimate to the City Council with an annual budget estimate for the following year.
1.0313 Command in Absence of Chief. If the Chief is absent from any fire call, the Assistant Chief, then the Secretary-Treasurer (in that order) shall take charge of the organization and shall have and exercise all the powers of Chief.
1.0314 Vacancy. In case of a vacancy occurring in the office of Chief, the Assistant Chief shall discharge the duties of the Chief until such vacancy is filled.
CHAPTER 1.04 – MUNICIPAL LIQUOR STORE
1.0401 Management and Operation. The Municipal Liquor Store shall be under the direct supervision of the City Council and shall be operated by a manager to be appointed by the Mayor with the approval of the Council at its first meeting in May of each Year. The compensation of the manager shall be fixed by Ordinance of the City Council and the bond of the manager in the amount of $5,000 shall be furnished by the City Council and conditioned for the proper performance of duties and for the accounting of all monies and property belonging to the City that may come into his possession or under his control. Amended 4/28/10 Ordinance 2010-1 The Municipal Liquor Store shall be under the direct supervision of the City Council and shall be operated by a manager or other employees. In the event the Bar is operated by a manager, pursuant to SDCL 35-4-19, such manager shall be appointed by the Mayor, with the approval of the Council at its first meeting in May of each year. In such event, the compensation of the manager shall be fixed by resolution of the City Council and a bond, in an amount to be determined by the City Council, shall be furnished to the City Council and conditioned for the proper performance of duties and for the accounting of all monies and property belonging to the City that may come into his/her possession or under his/her control. In the event the Municipal Liquor Store is operated by City employees, the compensation of said employees, as well as the benefits of said employees shall be fixed by the City at the City’s discretion.
1.0402 Reports. The operator of the Municipal Liquor Store shall, in accordance with Chapter 35-3, South Dakota Codified Law, and as directed by the City Council, furnish reports at such stated intervals as may be directed, showing all sales, Purchases, and transactions of all kinds and descriptions occurring in the conduct of said business. Such reports shall be filed with the Finance Officer at the time and in the manner as directed by the City Council. Amended 4/28/10 Ordinance 2010-1 In the event a manager of the Municipal Liquor Store is appointed in accordance with Chapter 35-3, said manager shall, as directed by the City Council, furnish reports at such stated intervals as may be directed, showing all sales, purchases and transactions of all kinds and descriptions occurring in the conduct of said business. Such reports shall be filed with the Finance Officer at the time and in the manner as directed by the City Council.
1.0403 Receipts Deposited with Finance Officer. All receipts of the Municipal Liquor Store shall be deposited with the Finance Officer who shall keep such receipts in a separate account which shall be disbursed only upon direction of the City Council.
1.0404 Hours and Conduct of Business. The Municipal Liquor Store will not be open any sooner than 7:00 a.m. nor later than 2:00 a.m. Monday through Saturday, with the exception of Super Bowl Sunday and Schaffy’s Softball Sunday, with the hours of 2:00 p.m. to midnight on those days, and shall at all times be regulated as provided by ordinance and by Title 35, South Dakota Codified Law. Amended 12/27/06 Ordinance 2006-3 The Municipal Liquor Store will not be open any sooner than 7:00 a.m. nor later than 2:00 a.m. Monday through Saturday, with the exception of December 31, 2006, New Years Eve with the hours of Noon to 2:00 am January 1, 2007, and Super Bowl Sunday and Schaffy’s Softball Sunday, with the hours of 2:00 p.m. to midnight on those days, and shall at all times be regulated as provided by ordinance and by Title 35, South Dakota Codified Law. Amended 4/28/10 Ordinance 2010-1 The Municipal Liquor Store will not be open any sooner than 7:00 a.m. nor later than 2:00 a.m. Monday through Saturday, with the exception of Super Bowl Sunday, with the hours of 2:00 p.m. to midnight on those days, and shall at all times be regulated as provided by ordinance and by Title 35 of the South Dakota Codified Laws. Amended 10/9/12 Ordinance 2012-4 The Municipal Liquor Store will not be open any sooner than 7:00 a.m. nor later than 2:00 a.m. Monday through Sunday, or at any time on Christmas Day, and shall at all times be regulated as provided by ordinance and by Title 35 of the South Dakota Codified Laws.
1.0405 Municipal Operating Agreement Permitted. Nothing shall prevent the City from entering by resolution into an operating agreement pursuant to Chapter 35-4-19, South Dakota Codified Law.
CHAPTER 1.05 – FINANCE REGULATIONS
1.0501 Revenues and Special Funds. All money belonging to the City from taxation, licenses, fines, permits, the operation of utilities, or from any other source, shall be paid into the City treasury, and the City Council shall designate by ordinance to what fund or funds such money shall be applied. The Finance Officer shall keep full, true and just accounts of all financial affairs of such form and in such manner from time to time as required by the South Dakota Department of Revenue. (SDCL 9-14-18)
1.0502 Records Retention and Destruction. The Records Retention and Destruction Schedule Manual, authorized for South Dakota municipalities by the Office of Records Management, Bureau of Administration, State of South Dakota, shall be adopted by the City Council, and a printed copy of such manual shall be filed with the Finance Officer.
CHAPTER 1.06 – AMBULANCE SERVICE
1.0601. Voluntary Ambulance Service. There is hereby established a Volunteer Ambulance Service for the City to be composed of not less than 7 members.
1.0602. Bylaws. The Ambulance Service shall have the power to formulate and adopt bylaws for its government not inconsistent with the Provisions of this chapter. These bylaws and any subsequent revision shall be submitted to the City Council for prior approval. The Ambulance Service shall have the power to formulate and adopt bylaws for its government not inconsistent with the Provisions of this chapter and the Provisions of the Personnel Manual for the City. These bylaws and any subsequent revision shall be submitted to the City Council for prior approval. Amended 5/7/2014 Ordinance 2014-1
1.0603. Officers. The officers of the Ambulance Service shall be President, Vice President, Secretary-Treasurer, and member at large who shall be elected in accordance with the bylaws of the Ambulance Service. The Secretary, after the election of its officers, shall file a list of the names of such officers as well as a list of the members of the Ambulance Service, in the office of the City Finance Officer. The City Council shall have the right to approve or disapprove any officer so elected. Amended 6/2/09 Ordinance 2009-1 The officers of the ambulance service shall be Director, Co-Director, Secretary/Treasurer and Maintenance Officer. The officers shall be elected by either ballot or a show of hands at the January meeting to serve for a term of two (2) years and/or until their successors are elected. No person shall hold office if he or she is not a member of the Bridgewater Ambulance Service and no member shall hold more than one (1) office at a time. The Secretary/Treasurer, after the election of its officers, shall file a list of the names of such officers as well as a list of the members of the Ambulance Service, in the office of the City Finance Officer. The City Council shall have the right to approve or disapprove any officers who are elected.
1.0604. Members. The members of the ambulance Service shall be able-bodied men and women of good moral character, elected by a majority vote of the members of the Service and shall be approved by the City Council.
1.0605. Removal of Officers. The City Council shall have the power to remove a member of the Ambulance Service when it deems it for the best interest of the City, but such removal shall only be made after a hearing at which the accused officer may appear and show cause why he should not be removed. The charges brought against the member shall be put in writing and filed in the office of the Finance Officer, who shall present the same to the City Council at its next regular meeting. The Council shall fix a day of hearing and cause the due notice to be given to such officer of said hearing and serve upon him a copy of the charges brought against him. If the charges at such hearing are substantiated the member may be removed by the Council.
1.0606. Duties of the President. The president shall have the supervision of the property used by the Ambulance Service and shall see to it that the same is kept in good working order and is available at all times to care for patients. He shall be responsible to purchase all necessary equipment and repairs, but no major expenses shall be incurred without approval of the Council. He shall from time to time advise the City Council of any changes in the Ambulance Service or the equipment. He shall submit annual reports to the city Council and file an inventory of the property used by the Ambulance Service. Amended 6/2/09 Ordinance 2009-1 Duty of the Director. The Director shall have the supervision of the property used by the Ambulance Service and shall see to it that the same is kept in good working order and is available at all times to care for patients. The Director shall be responsible to purchase all necessary equipment and repairs, but no major expenses shall be incurred without approval of the Council. The Director shall from time to time advise the City Council of any changes in the Ambulance Service or the equipment. The Director shall submit annual reports to the City Council and file an Inventory of the property used by the Ambulance Service.
1.0607. Members Shall Receive Compensation. The members of the Ambulance Service shall receive compensation from the City for services rendered to the City as licensed ambulance attendants as provided by the city ordinances resolution from time to time. Amended 5/7/14 Ordinance 2014-1
1.0608. Age of Members. No person shall become a member of the Ambulance Service who has not attained the age of 18.
1.0609. Ambulance Equipment. Equipment of the Ambulance Service shall not be used for private or municipal purposes except in cases of emergency and then only under the direction of the Ambulance President Director, to the end that such equipment and apparatus shall at all times be kept in good workable condition and shall meet as far as possible the requirements and regulations of the State and Federal Government. Amended 6/2/09 Ordinance 2009-1
Every member of the Ambulance Service, by joining the Ambulance Service, voluntarily assumes the hazards of injury and accidents in the services and the City will not assume the responsibility of such accidents or injuries. But the City shall carry Workmen’s Compensation Insurance for its members and also carry malpractice insurance for its members.
1.0610. Ambulance Committee. The operation of the Ambulance Service shall be under the direct supervision of the Ambulance Committee appointed by the Mayor. The chairman of said committee shall attend Ambulance Service meetings on a regular basis and shall submit to the City Council the Annual Ambulance Service Reports and such other reports as requested by the City Council.
1.0611. Ambulance Service Fees. The City Council shall by resolution establish the fees to be paid by users of the Ambulance Service which fees shall be collected and paid to the City Finance Officer.