ALP

*Cross references: Animals and fowl, ch. 7; rabies control, § 7-20 et seq.; civil defense, ch. 12; fire protection and prevention, ch. 16; food and food handlers, ch. 17; unsanitary food establishments, § 17-9; sanitation in food establishments, § 17-13; garbage and trash, ch. 18; hospitals, ch. 20; housing, ch. 21; junk and secondhand dealers, ch. 22; licenses issued by public health director, § 23-25; mobile homes, ch. 24; enforcement of noise control chapter, § 25 1/2-8; pest control, ch. 31; notification of fumigation by holder of pest control license, § 31-2; planning, ch. 32; plumbing, ch. 33; utilities, ch. 41; vegetation, ch. 42; subdivision ordinance, app. A.

State law references: Power to promote health and suppress disease, SDCL ch. 9-32.

ARTICLE I. IN GENERAL

Sec. 19-1. Report of certain deaths.

(a) Every physician, surgeon, healer, or practitioner of like profession and the manager or superintendent of every hospital or sanitarium shall report immediately to the police chief, and in no case later than 24 hours after the information is acquired, any death occurring or any injury sustained by a bullet or other wound or injury and any case of sickness, injury, or death showing evidence of having been caused by poisoning or by any unlawful means.

(b) Every head of a household or manager or proprietor of any hotel or lodginghouse where death occurs from any of such causes shall make a report immediately if no physician, healer, or practitioner was in attendance upon the deceased at, or immediately prior to, death.

Sec. 19-2. Burial grounds.

No sexton, funeral director, or other person shall bury or cause to be buried the body of any deceased person except in such grounds as are now known and used as burial grounds, or such as may be by the law designated and authorized to be used as such.

Sec. 19-3. Sanitary inspections.

The health officer shall make frequent inspections of the city and its environs. In all cases where he shall discover anything which might prove dangerous to health, he shall take appropriate action.

Sec. 19-4. Use of common articles prohibited.

(a) The use of common drinking cups or other common drinking or eating utensils or of common towels or of common combs and brushes or any other article for common use which might spread any communicable disease is forbidden.

(b) The term "common" as used in this section shall mean for use of more than one person without proper cleansing and disinfection by methods approved by the health officer.

Sec. 19-5. Impure drinking water.

No person shall supply or distribute to any person at any place for drinking, culinary, or other domestic use any impure or unwholesome water, or water containing any substance which renders such water unfit for domestic use.

Sec. 19-6. Ice.

(a) No person shall sell or deliver ice which is unfit for use for domestic purposes or which has been cut or made from any impure or polluted water or which is obtained from a source which is not approved by the health department.

(b) No person shall sell or deliver any ice in wagons or trucks that are used for any other purpose.

Sec. 19-7. Septic tanks.

No person shall build, construct, maintain, or use or cause to be built, constructed, maintained or used within 200 feet of a city sanitary sewer any septic tank system upon any lot.

Sec. 19-8. Rendering of animal matter.

No person shall carry on the business of rendering any animal matter or manufacturing such into fertilizing material except by permission of the city commission. The health officer shall be permitted entrance to all buildings used for the purpose of rendering any animal matter.

Sec. 19-9. Swimming pools.

Artificial swimming pools and natural bodies of water used for swimming within the city shall be subject to inspection and approval by the health officer and shall not be used if found to be unfit for such purpose by the health officer. The health officer is empowered to make periodic inspections of and to take samples from such swimming pools as necessary to determine the condition thereof. Adequate provisions for change of water, chlorination, and cleaning of such swimming pools shall be made. Swimming in such pools open to the public shall not be permitted except at times when adequate lifeguard service is provided.

Sec. 19-10. Wells.

No person shall maintain or use any well for the purpose of drawing therefrom water intended for drinking purposes without first obtaining a permit from the health department to do so nor use any well after notice from the health department to close or fill it.

Sec. 19-11. Reserved.

Sec. 19-12. Unsanitary hotel, roominghouse or lodginghouse.

It shall be unlawful for the owner or person in charge of any hotel, lodginghouse, or roominghouse to keep or maintain such establishment in an unclean or unsanitary condition, or in violation of the state laws governing such an establishment.

Sec. 19-13. Requirements for new installations and replacement of underground and aboveground storage tank systems.

(a) Any person, owning or possessing storage tanks containing materials classified as being capable of contaminating any public water supply or capable of endangering human health or the environment within the city and within one mile of the boundaries of the city shall provide protection against leakage or rupture of such tanks or connections thereto. These materials shall include, but not be limited to, hazardous materials as set forth in title 49, Code of Federal Regulations as amended, part 172.101, the National Registry of Hazardous Materials, United Nations Classification System (cf Guidebook for Hazardous Materials, Department of Transportation, p. 5800.4), and hazardous wastes as set forth in title 40, Code of Federal Regulations, part 261, a copy of which is available at the public library.

(b) All such tank systems shall be designed and installed in accordance with sound, recognized engineering practices. All such tank systems shall meet or exceed the following standards:

(1) Tanks and appurtenances must be compatible with materials stored or handled.

(2) All tanks installed underground in the city and within one mile of the boundaries of the city must first be granted a permit for installation from the fire prevention division and have approval of the state department of environment and natural resources.

a. All metallic tanks must be approved double-wall design, cathodically protected and coated with a material approved by the state department of environment and natural resources.

(3) All underground tanks must be equipped with a continuous leak detection system capable of immediately detecting a leak and giving audible and visible alarms.

(4) All tanks must be equipped with overfill protection devices. These devices must alert the transfer operator that the tank is 90 percent full or automatically shut off flow to the tank when the tank is no more than 95 percent full. All tanks must be equipped with a spill containment basin.

(5) All fluid-handling piping shall be of double-walled design and shall include double-wall containment at the tank and to grade under any dispensing device.

a. All metallic piping shall be cathodically protected and coated with a material approved by the state department of environment and natural resources and tested as required by the city's fire code before it is covered with approved backfill.

b. All nonmetallic piping shall be installed in accordance with the manufacturer's recommended instructions and tested as required by the city's fire code.

(6) Piping on pressure systems shall be equipped with leak detection devices that will promptly notify the operator of a problem in the system in one or more of the following manners:

(c) Any aboveground tanks shall be diked on the side and on the bottom with materials impervious to contaminants. The volume of the dike must be adequate to contain 110 percent of the volume of the largest tank and must conform with other provisions set forth in the International Fire Code, Chapter 34, section 3404.2.10.1 as amended. Diking must be approved by the fire prevention division.

(d) System plans must be submitted to the city fire department for review by appropriate city departments. Plans shall be approved or rejected within ten working days. Permits must be issued by the city fire department before any work proceeds.

(e) Any person owning or operating such a tank system shall immediately notify Metro Communications of any alarm, spill or leak.

(1957 Rev. Ords., § 14.506; Ord. No. 2774, 7-26-71; Ord. No. 90-86, § 1, 10-6-86; Ord. No. 12-89, § 1, 1-30-89; Ord. No. 79-02, § 3, 10-15-02)

Sec. 19-14. Minimum standards for prevention of certain communicable diseases in commercial premises.

For the prevention of the spread of sexually transmitted diseases, no person shall maintain any commercial building, structure, premise or portion thereof which does not comply with the following requirements: No partitions between subdivisions of a room, portion or part of a building, structure or premise shall have an aperture which is designed or otherwise constructed to encourage sexual activity between persons on either side of the partition.

Secs. 19-15--19-22. Reserved.

ARTICLE II. HEALTH ADMINISTRATION*

*Editor’s note—Ord. No. 36-06, §§ 1—22, adopted March 20, 2006, amended Art. II, in its entirety, to read as herein set out. Prior to inclusion of said ordinance, Art. II pertained to health care governing board and board of health. See also the Code Comparative Table.

DIVISION 1. HEALTH CENTER GOVERNING BOARD

Sec. 19-23. Created.

(b) Whenever, in this division, the term "board" is used, it shall mean the Falls Community Health Governing Board.

Sec. 19-24. Composition of board; qualifications of members.

(1) Six board members shall be individuals who are served by the Falls Community Health and are representative of such patients in terms of demographic factors such as race, ethnicity, gender, and income.

(2) Five board members shall be individuals who are, by vocation and formal education and training, qualified health providers, or represent the community through their expertise in such areas as government, finance, legal affairs, trade unions, and other commercial, industrial, or social services within the community. No more than three of the nonpatient members of the board may be individuals who derive more than ten percent of their annual income from the health care industry.

(3) The public health director/executive director of Falls Community Health, and the medical director of Falls Community Health, shall be non-voting ex officio members of the Falls Community Health Governing Board.

Sec. 19-25. Selection, nomination of members.

The members of the board shall be selected by the mayor, with the advice and consent of the city council. Board members may be reappointed to succeed themselves but the number of terms of office shall be as provided by section 2-26.

Sec. 19-26. Term of members.

Each member of the board shall serve for a term of three years. A member who misses three consecutive meetings with unexcused absences shall be automatically terminated from the board and another person shall be nominated and appointed to serve for the remainder of the term.

Sec. 19-27. Officers.

The board shall annually hold an election of officers and elect such officers as needed to carry out the functions of the board, including a chairperson. The term of office shall be for a period of one year. No member shall be elected to the same office for more than two consecutive terms. The officers so elected by each board shall constitute the executive committee of that board.

Sec. 19-28. Meetings.

Regular meetings of the board shall be held each month as designated by the chairperson. Special meetings may be called by the chairperson or by request to the chairperson of one board member.

Sec. 19-29. Quorum.

A majority of the members of the board shall constitute a quorum for the transaction of business.

Sec. 19-30. Minutes, records.

The secretary of the board shall ensure that minutes of the meetings are kept and provided to the board members. He or she shall also ensure that those records of transaction and/or health services requested by the board shall be kept by the city health department and provided to the board. All orders and regulations made by the board, as well as other proceedings of the board, shall be kept in a book with the minutes of the board.

Sec. 19-31. Acceptance of county, state or federal funds.

When the Falls Community Health Center shall accept county, state or federal funds, the city may enter into an agreement with these governmental entities regarding the operation of those programs or services funded.

Sec. 19-32. General powers and duties.

The Falls Community Health Governing Board will evaluate the Falls Community Health's activities, and will ensure that it is operating in compliance with federal, state and local laws and regulations. The Falls Community Health Governing Board will establish health care policies and other policies pertaining to the delivery of services at the Falls Community Health. It will ensure the accessibility and availability of those services to everyone regardless of age, gender, race, religion, national origin, disability, or ability to pay. The Falls Community Health Governing Board shall participate in the annual performance appraisal process of the executive director. Board members are prohibited from discussing, entering into deliberation, or voting on a matter in which they personally have, or may appear to have, a conflict of interest.

DIVISION 2. SIOUX FALLS BOARD OF HEALTH

Sec. 19-33. Created.

(b) Whenever, in this division, the term "board" is used, it shall mean the Sioux Falls Board of Health.

Sec. 19-34. Composition of board; qualification of members.

(a) The board of health shall be composed of 15 members representing the following groups of citizens:

(1) One citizen who is served by the programs of the health department or Falls Community Health.

(2) One citizen who is by vocation a health care provider, including physicians, dentists, veterinarians, and nurses.

(3) Two citizens who represent the community through their expertise in such areas as government, finance, legal affairs, trade unions, and other commercial, industrial, or social services within the community.

(5) The public health director shall be a non-voting ex officio member of the board of health.

Sec. 19-35. Selection, nomination of members.

The members of the board shall be selected by the mayor, with the advice and consent of the city council, from nominations made by the executive committee of the Falls Community Health Governing Board and director of the health department. Board members may be reappointed to succeed themselves, but the number of terms of office shall be as provided by section 2-26.

Sec. 19-36. Term of members.

Sec. 19-37. Officers.

The board shall annually hold an election of officers and elect such officers as needed to carry out the functions of the board, including a chairperson. The term of office shall be for a period of one year. No member shall be elected to the same office for more than two consecutive terms. The officer so elected by each board shall constitute the executive committee of that board.

Sec. 19-38. Meetings.

Regular meetings of the board shall be held each month as designated by the chairperson. Special meetings may be called by the chairperson or by request to the chairperson of one board member.

Sec. 19-39. Quorum.

A majority of the members of the board shall constitute a quorum for the transaction of business.

Sec. 19-40. Minutes, records.

Sec. 19-41. General powers and duties.

The board of health shall exercise general supervision over the health of the city with full power to take all steps and use all measures necessary to promote the general cleanliness and healthfulness of the city and the general health and well-being of the people and community served. The board shall adopt any regulations, rules, or measures deemed advisable in order to carry out these charges.

Sec. 19-42. Health officer.

The public health director shall assume the duties and responsibilities of health officer as described in this Code. He or she shall perform under the direction of the Sioux Falls Board of Health all duties required of the board by this Code and state law. The public health director shall see to the execution of all laws and ordinances relating to health and sanitation. The public director or his or her authorized representative shall be permitted at all times, for good cause, to enter any house, commercial and/or industrial establishment, public place or building, or private property, or other building and to do whatever is necessary to make a thorough investigation of the property, and to exercise the power of general supervision over the health and well-being of the people and the environmental sanitation of the community.

Sec. 19-43. Administrative and technical staff.

The city is authorized to employ the necessary administrative and technical staff and technical personnel to represent and carry out the duties of the health officer. No person may be so employed who is a member of the immediate family of any member of either the Falls Community Health Governing Board or the Sioux Falls Board of Health.

Sec. 19-44. Public health laboratory.

The city shall provide a public health laboratory and to equip it in such manner as may be necessary to enable the health officer to properly perform the duties of his or her office. The services of the laboratory shall be at the disposal of the medical profession of the state for such bacteriological, chemical, and pathological examinations and tests as its facilities permit. The health officer may charge for examinations and laboratory tests, the proceeds of which shall be paid into the general fund.

Secs. 19-45--19-48. Reserved.

ARTICLE III. NUISANCES AND OFFENSIVE CONDITIONS*

*Cross references—Storing, parking or leaving an abandoned, wrecked, dismantled or inoperative motor vehicle, § 25-41; noise control, ch. 25½; vegetation, ch. 42; vegetation nuisance declared, § 42-17.

Sec. 19-49. Prohibited.

No person shall create, commit, maintain, or permit to be created, committed, or maintained any nuisance within the city.

Sec. 19-50. Illustrative enumeration.

Whatever is or imminently may become hazardous or dangerous to human health, whatever renders the ground, the water, the air, or food a hazard or an injury to human health, or whatever annoys, injures, or endangers the health, comfort, or safety of others, along with the following specific acts, conditions, and things are, each and all of them, hereby declared to constitute nuisances; provided, however, that this enumeration shall not be deemed to be exclusive:

(1) Imperfect plumbing. Any imperfect, leaking, unclean, or filthy sink, water closet, urinal, or other plumbing fixture in any building used or occupied by human beings.

(2) Garbage and refuse. Depositing, maintaining, or permitting to be maintained or to accumulate upon any public or private property any food waste or general household waste found within the city which is likely to cause or transmit disease, or which may be a hazard to health.

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

(4) Undressed hides. Undressed hides kept longer than 24 hours, except at the place where they are to be manufactured, or in a storeroom or basement whose construction is approved by the health department.

(5) Manure. The accumulation of manure or animal waste for more than 24 hours unless it is in a securely tied closed biodegradable package placed in a leakproof metal container with a tightfitting lid.

(6) Breeding places for flies. The accumulations of manure, garbage, or anything whatever which are harboring places and breeding areas for flies and rodents.

(7) Stagnant water. Any water or liquid which supports the proliferation of mosquitoes.

(8) Poison ivy. Permitting poison ivy to grow upon any public or private property.

(9) Dead animals. The owner of a dead animal permitting it to remain undisposed of longer than 24 hours after its death.

(10) Polluting river. Throwing or leaving any dead animal or decayed animal or vegetable matter or any slops or filth whatever, either solid or fluid, into any pool of water or into the Big Sioux River.

(11) Privies and cesspools. Erecting or maintaining any privy or cesspool except such sanitary privies and cesspools the plans of which are approved by the health department.

(12) Improper garbage handling. Throwing or letting fall on or permitting to remain on any street, alley, public or private ground any manure, garbage, rubbish, filth, fuel, or wood while engaged in handling or removing any such substances.

(13) Bonfires. Burning, causing or permitting to be burned without an approved incinerator upon any private or public property any dirt, filth, manure, garbage, sweepings, leaves, ashes, paper, waste, or rubbish of any kind.

(14) Burning of garbage. Burning upon any private or public property any garbage, offal, excrement, fresh or decaying fruits, vegetables, fish, meat or bone, or any foul, putrid, or obnoxious liquid or substance.

(15) Private sanitary landfill. Operating or permitting the operation of a private sanitary landfill without controlling rodents, insects, and litter; without compacting and covering solid waste each day; and without preventing and prohibiting burning.

(16) Rubbish. Depositing, maintaining, or permitting to be maintained or to accumulate upon any public or private property any combustible refuse matter such as papers, sweepings, rags, grass, tree branches, wood shavings, wood, magazines, cardboard; or piles of brush, clothing, plastic, wood pieces, scrap lumber, cardboard, leaves, cloth, carpet, construction waste, pallets, tree stumps, or any similar objects which adversely affects the residents or environment by placing them at risk of unhealthy, offensive, or otherwise injurious conditions.

(17) Waste material. All noncombustible inorganic matter such as ashes, glass, sand, earth, stones, concrete, mortar, metals, cans, barrels, pipes, sinks, toilets, bath tubs, shower stalls, wire, scrap metal, metal pieces, piles of earth or sand, bricks, or any similar objects which adversely affects the residents or environment by placing them at risk of unhealthy or offensive or otherwise injurious conditions.

(18) Livestock waste. Any accumulation of waste manure or straw resulting from the transportation, housing, or confining of animals.

(19) Litter. Garbage, rubbish, waste material, or animal or human waste improperly disposed of by discarding, abandoning, allowing to accumulate, scattering, or depositing outside an approved container.

(20) Inoperable vehicle or vehicles. In no event shall any inoperable vehicle or vehicles, as defined by Chapter 25, Article III, Section 25-40, which constitute a health or safety hazard be kept or located on any premises. For the abatement of nuisance conditions related to the keeping of any inoperable vehicles, the notice provisions of Section 19-51 shall be in effect. Any notice or proceeding hereunder by the health department to abate a nuisance condition created by an inoperable vehicle or vehicles shall be construed as separate and cumulative to any other proceedings under Chapter 25, Article III.

(21) Abandoned property. Any deteriorated, wrecked, or derelict property in unusable condition, having no value other than nominal scrap or junk value, if any, and which has been left unprotected from the elements, and shall include, without being so restricted, deteriorated, wrecked, inoperative, or partially dismantled motor vehicles (as provided in Section 25-41), trailers, boats, machinery, refrigerators, washing machines, appliances, machine parts, stoves, dryers, furnaces, water heaters, plumbing fixtures, furnitures, and any other similar articles in such condition.

(22) Graffiti. Any writing, printing, marks, signs, symbols, figures, designs, inscriptions, or other drawings which are scratched, scrawled, painted, drawn, or otherwise placed on any exterior surface of a building, wall, fence, sidewalk, curb, or other permanent structure on public or private property and which has the effect of defacing the property.

(1957 Rev. Ords., § 7.801; Ord. No. 2677, 4-20-70; Ord. No. 35-72, 6-6-72; Ord. No. 89-81, §§ 1, 2, 11-2-81; Ord. No. 120-95, § 1, 9-5-95; Ord. No. 72-03, § 2, 8-11-03; Ord. No. 58-07, § 1, 4-16-07)

Cross references: Animals and fowl, ch. 7; garbage and trash, ch. 18; plumbing, ch. 33; utilities, ch. 41.

Sec. 19-51. Notice to abate--Issuance.

Whenever the director of the designated enforcement department or his designated representative shall find that a nuisance exists within the city, a city enforcement employee (as defined in Section 19-58) shall give written notice to the person creating, permitting, or maintaining such nuisance to abate the nuisance. Such notice may be served by first-class mail; and if to be mailed to the owner of the property, the mailing may be directed to the responsible person or entity listed on the city's rental registration list. Such notice may likewise be served by conspicuously posting a copy of such notice upon the premises where the nuisance exists. If posted, proof of such posting shall be sent by first-class mail to the owner of record or responsible party. The owner of record, tenant, resident, or responsible party as defined by Ordinance 2-111 of any property found to have been in violation of health, nuisance, or other code violations shall be jointly and severally liable as joint tortfeasors for a civil penalty or penalties imposed by the city pursuant to the Revised Ordinances of Sioux Falls, SD, Chapter 2, Article XI. If, after due inquiry, the city is unable to determine who is the owner or responsible party for the violation(s) and related fines, the city may elect to levy the fine as a direct assessment against the subject property.

Sec. 19-52. Same--Noncompliance.

It shall be both unlawful and cause for the issuance of a civil penalty for any person who has been provided notice to fail to abate or correct nuisance conditions or code violations under the provisions of city ordinances within the time allowed in such notice.

Sec. 19-53. Abatement by city; costs levied against premises.

When there exists on private property a condition which has been determined a nuisance by a city enforcement employee, a notice will be served in the matter specified in section 19-51. The notice will describe the matter to be removed or corrected and require removal or correction thereof within 14 days. If at the end of such 14 days the nuisance has not been removed or corrected, the city shall have authority to cause the correction or removal and disposition. All costs incurred by the city for the removal and disposition of the nuisance or for correcting the nuisance shall be assessed, levied, and collected as a special assessment payable in one sum or by up to five equal annual installments as the commission may provide against the premises from which it was removed, in the manner provided by law for the levy and collection of other special assessments.

Sec. 19-54. Funds for abatement and removal.

The city finance director shall maintain a subdivision of funds to be known as Nuisance Abatement and Removal Subdivision, upon which shall be drawn all warrants for the cost and expense of abatement and removal of nuisances and to which shall be credited collections of special assessments in accordance with section 19-53.

Sec. 19-55. Abandoned property.

It shall be the duty of the health department or the police department to take possession of any article or property abandoned, left or placed on any public or private property, and if the property is believed to have any value, to keep it and make an attempt to find the owner thereof, and to retain any such article so taken up by it. It shall be the duty of such departments to maintain a place for the keeping of any such article until the article shall be claimed or otherwise disposed of, and the city shall have a lien thereon for the reasonable expenses incurred and value or cost of the time and effort necessary in taking, removing and storing such article and for the value of the storage in keeping thereof and may retain possession until any and all such liens are discharged.

Sec. 19-56. Smoke nuisance.

(a) No person shall construct, maintain, or use any incinerator, smokestack or chimney unless such shall be so constructed, operated, or used so that the sparks, cinders, coal ashes, smoke or fumes therefrom shall not become injurious or dangerous to the health, comfort or to the property of individuals or the public, nor materially impair the comfort of persons or the value of property within the city. All such smokestacks or incinerators used and operated shall be constructed and arranged in such manner and of such material as to be safe from causing fires and shall be of such height from the ground so as not in any manner to cause a violation of this section.

(b) Whenever any such incinerator, smokestack or chimney is causing or in danger of causing a violation of this section, the owner or person responsible therefor shall at once cause such incinerator, smokestack or chimney to be reconstructed or repaired of proper and safe material or raised to such height or to be arranged within a reasonable time so that such incinerator, smokestack or chimney will be in compliance with the provisions of this section. The city commission may, when any incinerator, smokestack or chimney is dangerous to the health or safety of the inhabitants, or injurious to such a degree as to be a nuisance, order the incinerator, smokestack or chimney torn down or extended up or otherwise remedied so that it shall comply with this section. The building inspector shall report all cases of violations of this section to the commission, together with his recommendations thereon.

Sec. 19-56.1. Storage of firewood on residential property.

(a) For the purposes of this section, unless apparent from the context, certain words and phrases used in this section shall be defined as follows:

Cord of wood means a unit of quantity for cut fuel wood, equal to 128 cubic feet in a stack measuring four feet by four feet by eight feet.

Firewood means neatly stacked burnable wood cut into lengths of approximately one to two feet that require no further cutting of the wood prior to placing it in a wood burner or fireplace.

(b) No person shall store firewood on residentially zoned property, except for use on the premises and in conformance with the following:

(1) No more than six cords of firewood shall be stored at any time, without the written approval of the health and fire departments.

(2) The firewood must be cut and neatly stacked and may not be stacked closer than five feet to any property line and not higher than six feet from grade.

Exception. Firewood may be cut and neatly stacked on or near the lot line or against a fence, provided that it is no higher than the fence and that it is located a minimum of six feet from any structure on adjacent property.

(3) All brush, debris and refuse from processing of firewood shall be promptly removed from the premises.

Sec. 19-57. Disposition of unclaimed property.

If any abandoned article or property has been or is kept for 30 days or more without being claimed, the article or property may be disposed of by the health department according to the following:

(2) If 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 hereby made a lien thereon shall be regarded as a sufficient offset to the value of any such use.

(3) If of more than slight value, it may be sold by such department ten 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 any such sale an amount is bid in excess of the charges or lien of the city, such excess shall be deposited to the general fund of the city.

Sec. 19-58. Enforcement officers.

In addition to police officers, the following persons are designated to function as enforcement officers:

Sec. 19-59. Responsibility of owner, occupant to maintain premises.

Every owner and occupant of a single or multiple dwelling shall be responsible for maintaining the areas of the premises in a clean and sanitary condition as specified in this article.

Secs. 19-60--19-65. Reserved.

ARTICLE IV. INDUSTRIAL HYGIENE

Sec. 19-66. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Sec. 19-67. Cleanliness and repair of work places.

Every room, building, or shop used for industrial purposes and the surroundings thereof shall be maintained in good repair and shall be kept thoroughly clean and free from any accumulation of filth, garbage, rubbish, or other waste.

Sec. 19-68. Ventilation of workplaces.

No room shall be used as a workroom, machine shop, garage, service station, battery station, or for any other industrial purpose unless all dust, gases, fumes, vapors, odors, fibers, lint, or other impurities that are generated, released, or set in motion in quantities sufficient to pollute the air or injure the health of any person in such shop shall be removed by suction or other devices to give adequate change of air provided and installed with the approval of the health department.

Sec. 19-69. Lighting of workplaces.

There shall be adequate artificial or natural lighting for each industrial worker. The minimum standard shall be ten footcandles of light in each workroom at a distance 30 inches above the floor.

Secs. 19-70--19-79. Reserved.

ARTICLE V. COMMUNICABLE DISEASES

Sec. 19-80. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Carrier means a person who, without symptoms of a communicable disease, harbors and spreads the infectious agent of that disease.

Cleansing means the removal, by scrubbing and washing, of organic matter on which microorganisms may find favorable conditions for prolonging their lives and virulence, also the removal by the same means of microorganisms adherent to surfaces.

Communicable diseases means diseases which are communicable through the conveyance of the infectious agent of the disease, directly or indirectly.

Concurrent disinfection means the immediate disinfection or destruction of all infected or presumably infected articles.

Contact means a person has been sufficiently near an infected person or animal to make possible the transmission of the infectious agent to him, directly or by articles freshly soiled with the infectious agent.

Cultures means growths of microorganisms in or upon artificial media. The material for cultures is obtained from body fluids, secretions, or excreta and is used for the purpose of determining the presence of the infectious agent.

Disinfection means the process of destroying the vitality of the disease-producing organisms by physical or chemical means.

Immunes means such persons who, because of having had the disease or by artificial methods, have been made relatively insusceptible to the disease.

Incubation period means the period of a communicable disease between the implanting of an infectious disease and its characteristic manifestations.

Infectious agent means a living microorganism or filterable virus capable under favorable conditions of inciting a communicable disease.

Isolation means the separation of persons suffering from a communicable disease, or carriers of the infectious organism, from persons in such places and under such conditions as will prevent the direct or indirect conveyance of the infectious agent to susceptible persons.

Period of communicability means the time during which a person affected with a communicable disease is capable of transmitting the infectious agent to others.

Quarantine means the confining of persons, animals, or materials within a designated area and excluding other persons, animals or materials from that area for a prescribed period of time as determined by the health officer.

Renovation means, in addition to cleansing, such treatment of the walls, floors, and ceilings of rooms or houses which may be necessary to place the premises in a satisfactory sanitary condition.

Terminal disinfection means the measures taken to destroy or remove infectious material after the removal of the patient or termination of the isolation at the time when the patient is no longer a source of infection.

Sec. 19-81. Reserved.

Sec. 19-82. Method of reporting.

Every physician or other persons having knowledge of any person affected or apparently affected with any communicable disease which is quarantinable or subject to isolation shall report to the health department the name of the disease; the name, age, sex, race, and address of the patient; the location, place of employment, or school attended by the patient; and the name and address of the person making report. Such report shall be made within six hours after the case comes under observation, preferably by telephone. A specimen sent to the health department for laboratory diagnosis accompanied by the data given in this section shall be considered as a report.

Sec. 19-83. Reportable diseases.

The diseases which shall be reported by physicians, as required by this article, shall be as required by the board of health from time to time.

Sec. 19-84. Reports of deaths.

Every practicing physician shall report in writing to the health officer the death of any of his patients who shall have died of any communicable disease, within 24 hours after death. He shall state in the report the specific name and type of the disease causing the death.

Sec. 19-85. Notice on premises.

The health officer shall cause a notice or placard as prescribed by the state board of health to be placed upon or near any house or apartment in which any person is infected with a communicable disease which has been classed as quarantinable or subject to isolation by the health officer.

Sec. 19-86. Precautions by attendants.

The physician or any other person permitted to visit any person infected with communicable disease shall practice such measures of personal cleansing, disinfecting, and all other precautions necessary to prevent the spread of the disease to others.

Sec. 19-87. Permit to leave quarantined or isolated premises.

No person who has been sick with any of the communicable diseases declared to be quarantinable or subject to isolation and who has been quarantined or isolated in any place under the direction of the health department shall be allowed to leave such place without the permission of the health officer.

Sec. 19-88. Laboratory examinations.

The health officer shall secure or cause to be secured material for cultures or specimens for bacteriological or other laboratory examination to assist in determining the diagnosis of communicable diseases whenever in his judgment such procedure is necessary. Any person when requested by him shall permit such specimen to be taken.

Sec. 19-89. Method of control of contacts; control of carriers.

(a) Method of control of contacts. The health officer shall have the power to isolate or restrict the movements of any person who is known to have been exposed to any of the quarantinable diseases or those subject to isolation for a time equal to the maximum period of incubation of the disease, or for the period between the minimum and maximum incubation periods of the disease.

(b) Control of carriers. The health officer may isolate, quarantine, or restrict the movement of carriers of the infectious agent of cerebrospinal fever, cholera, diphtheria, dysentery, typhoid fever, paratyphoid fever, or any other communicable disease until their discharges are shown to be free from the specific organisms of the disease.

Sec. 19-90. Communicable diseases in schools.

(a) The teacher of any school, college, university, or Sunday school having under his care any pupil who appears to be affected with any communicable disease shall promptly send such pupil home or separate him from other pupils until examined by a physician, and such pupil shall not be readmitted to school without the permission of the health officer.

(b) If any of the quarantinable diseases or those subject to isolation are present, the health officer may cause to be examined any pupils, teachers, or other persons employed in the schools and may take any measures necessary to prevent the spread of disease. All school authorities and employees shall conform to all rules and regulations of the health department for the accomplishment of this end.

(c) The health officer shall immediately inform the school authorities of the presence of cases of communicable diseases in any of the schools.

Sec. 19-91. Children in schools.

(a) No person from any house wherein there is any person affected with any of the quarantinable diseases or those subject to isolation shall attend any public, private, or sectarian school until the recovery or death of the sick person, nor until provided with a permit in writing signed by the health officer. This permit must be presented to the principal or teacher of the school before the person is allowed to resume attendance.

(b) All physicians, upon the discovery of any of the quarantinable diseases or those subject to isolation, shall instruct the parents or guardian of any child or minor who may be residing at the infected premises of the provisions of this section.

(c) The principal or teacher of any school shall report at once by telephone to the health officer any violation of this section.

Sec. 19-92. Reserved.

Sec. 19-93. Special rules for tuberculosis.

(a) Whenever there is a case of tuberculosis, the health officer shall take such proper precautions as may be deemed necessary and give proper instruction to the patient and all other persons occupying the same premises to prevent the spread of the disease. Every person affected with tuberculosis shall dispose of his sputum, saliva, or other discharges in a manner not dangerous to the public health.

(b) Whenever a person so affected is or is likely to be a menace to the health of others, the health department may cause such person to be quarantined, isolated, or removed to a hospital, sanitarium, tuberculosis camp, or other proper place until the danger has been removed. Upon recovery of a person having tuberculosis, his physician shall notify the health department.

Sec. 19-94. Special rules for venereal diseases.

(a) Reports made to the health department of syphilis, gonococcus infection, or chancroid shall be considered confidential so far as consistent with public safety. The professional attendant of any case of venereal disease shall give explicit instructions to prevent the spread of the disease to others.

(b) When such patient refuses or neglects to follow prescribed treatment, discontinues treatment, or is discharged as cured, the professional attendant shall immediately report these facts to the health department. When any person affected or presumably affected with venereal disease does or is liable to menace the health of others, the health officer or his representative shall have power to cause the removal of such person to a hospital or other proper place or to take any other measures authorized by law which are necessary in his opinion to prevent the spread of the disease.

Sec. 19-95. Diseases of animals.

Any veterinarian or other person in charge of an animal affected or presumably affected with any disease communicable to human beings shall immediately notify the health officer. Whenever there is reason to believe that an animal has rabies, such animals and all other animals bitten by it shall be securely confined by the owner or person in charge for such time as is necessary to determine whether the disease exists. Every animal which has rabies shall be disposed of as directed by the health officer.

Secs. 19-96--19-99. Reserved.

ARTICLE VI. REGULATED MEDICAL WASTE HAULERS*

*Editor's note: Ord. No. 75-01, § 11, adopted Aug. 6, 2001, amended the title of Article VI to read as herein set out. See the Code Comparative Table.

Sec. 19-100. Definitions.

Regulated medical waste hauler means any person who transports regulated medical waste within the jurisdiction of the city. This may include a garbage collector or garbage hauler.

Sec. 19-101. Storage and transportation standards.

The following storage and transportation standards apply to regulated medical waste haulers:

(1) Regulated medical waste may only be stored in a facility or vehicle approved by the city.

(2) A vehicle may stop for no longer than 72 hours if inclement weather does not allow safe transportation. During such time, all transportation and storage standards must be met, especially subsection (3) of this section.

(3) Storage and transportation must not constitute a nuisance or offensive condition such as, but not limited to, leakage, litter, odor, harborage of birds, insects, or rodents. Regulated medical waste must be maintained in a nonputrescent state using refrigeration when necessary.

(4) Prior to loading regulated medical wastes into the transport vehicle, all regulated medical waste must be placed in containers which are leak-resistant and either rigid or semirigid. The vehicle body does not qualify as a container.

(5) Vehicles or containers used to transport regulated medical waste shall not be utilized to transport goods, items, or materials which will be used as an item or ingredient in human or livestock food.

(6) All spills, leaks, or discharges of regulated medical waste at any location other than the final destination point must be reported immediately to Metro Communications (911).

(7) The regulated medical waste hauler must pay for all costs and damages for emergency responses and environmental cleanups for which it is responsible.

(Ord. No. 59-91, § 1(19-101), 7-22-91; Ord. No. 75-01, § 13, 8-6-01; Ord. No. 15-03, § 25, 2-10-03)

Sec. 19-102. Vehicle requirements.

(2) The cargo shall not be subjected to compaction or mechanical stress during loading, unloading, or transit.

(4) The cargo-carrying body of the vehicle must be locked or secured if left unattended.

(5) The vehicle must meet all applicable state and federal licensing and identification requirements.

(6) An appropriately equipped cleanup or decontamination kit and equipment shall be carried in each transport vehicle.

(7) A five-pound ABC rated fire extinguisher shall be carried in each transport vehicle.

(8) The vehicle must exhibit the following markings or signage on two sides and the back of the cargo-carrying body. Words or numbers must be at least three inches high:

c. Placards of at least 64 square inches in size, which exhibit the universal biohazard emblem.

(9) The vehicle must be inspected and approved annually by the city and must bear a current inspection decal as issued by the city.

(10) The vehicle must abide by all other construction and operation requirements as outlined in city ordinances.

Exception: Vehicles which are hauling less than a total of 50 pounds or less than one cubic yard of regulated medical waste do not have to meet the vehicle requirements. However, they must still meet storage and transportation standards under section 19-101.

(Ord. No. 59-91, § 1(19-102), 7-22-91; Ord. No. 75-01, § 14, 8-6-01; Ord. No. 15-03, § 26, 2-10-03)

Sec. 19-103. License and insurance requirements.

(a) No regulated medical waste hauler shall use the streets for the collection and removal of any regulated medical waste without first having obtained a regulated medical waste hauler's license from the city. No business license shall be issued or transferred under the provisions of this article without the approval of the city. The provisions of Chapter 23, insofar as the provisions may be applicable and not in conflict, shall apply to and govern the issuance of any license under the provisions of this article.

(1) Workers' compensation insurance providing the statutory limits required by South Dakota law. In addition, it shall provide coverage B, employer's liability coverage, of not less than $1,000,000.00 each accident, $1,000,000.00 disease--Policy limits. The required limit may be met by excess liability (umbrella) coverage.

(2) Commercial general liability insurance providing occurrence form contractual, personal injury, bodily injury, and a property damage liability coverage with limits of as least $1,000,000.00 per occurrence, $2,000,000.00 general aggregate, and $2,000,000.00 aggregate products and completed operations. The required limit may include excess liability (umbrella) coverage. If "occurrence form" insurance is not available, "claims made" insurance will be acceptable.

(3) Automobile liability insurance covering all owned, nonowned, and hired automobiles, trucks, and trailers. The coverage shall be as broad as that found in the standard comprehensive automobile liability policy with limits of not less than $1,000,000 combined single limit each occurrence. The required limit may include excess liability (umbrella) coverage. The city's approval or acceptance of certificates of insurance does not constitute city assumption of responsibility for the validity of any insurance policy, nor does the city represent that the above coverages and limits are adequate to protect any individual, group, or business, and assumes no liability therefor.

(Ord. No. 59-91, § 1(19-103), 7-22-91; Ord. No. 75-01, § 15, 8-6-01; Ord. No. 15-03, §§ 27, 28, 2-10-03)

Secs. 19-104--19-109. Reserved.

ARTICLE VII. SIOUX FALLS REGIONAL EMERGENCY MEDICAL SERVICES AUTHORITY

Sec. 19-110. Composition.

The Sioux Falls Regional Emergency Medical Services Authority shall be composed of five commissioners.

Sec. 19-111. Reserved.

Editor’s note—Ord. No. 26-99, § 7, adopted March 1, 1999, repealed § 19-111, which pertained to appointment. See the Code Comparative Table.

Sec. 19-112. Terms.

Of the commissioners appointed initially to the regional emergency medical services authority, commissioner A shall be appointed for a term of one year, commissioner B for a term of two years, commissioner C for a term of three years, commissioner D for a term of four years, and commissioner E for a term of five years. Thereafter all members shall be appointed for a term of five years.

Sec. 19-113. Oath.

Each commissioner of the regional emergency medical services authority shall before entering upon official duties take and file in the city clerk's office the oath of office required from [for] appointive officers of the city.

Sec. 19-114. Record reports.

The secretary of the regional emergency medical services authority shall keep a record of its proceedings and make such reports as may be required by the authority.

Sec. 19-115. Records as evidence.

The records of the regional emergency medical services authority kept by its secretary or copies of any such records when duly certified by the secretary shall be competent evidence of the proceedings of such authority.

Sec. 19-116. Annual report.

The regional emergency medical services authority shall make an annual report to the city council.

Sec. 19-117. Report on demand.

The city council may require a report from the regional emergency medical services authority at any time and the books, records, papers and account of the authority shall at all times be subject to inspection by the city council or its officers or agents.

Sec. 19-118. City approval of tax levy.

The levy of taxes by the regional emergency medical services authority authorized by SDCL 34-11B-26 shall have prior approval of the city council before it is set and certified.

Sec. 19-119. Quality assurance--Protections and immunities.

The emergency medical services authority shall conduct a quality assurance program. The quality assurance program shall meet or exceed the requirements of SDCL 34-11-11. All agencies which provide emergency medical services, including those employing call takers, emergency medical dispatchers, law enforcement and fire first responders, medical transport agencies and their online medical control, receiving facilities, and, if and as appropriate, a coroner, shall participate when requested by the emergency medical services authority to do so.

The quality assurance records and proceedings of the emergency medical services authority and its medical board and other persons associated with those quality assurance records and proceedings are afforded the same protections and immunities as provided in SDCL 36-4 and SDCL 36-4B.

ARTICLE VIII. FAMILY DAY CARE HOMES*

*Editor’s note—Ord. No. 81-04, § 1, adopted Aug. 9, 2004, amended Art. VIII, in its entirety, to read as herein set out in §§ 19-120—19-134 (as amended). Prior to inclusion of said ordinance, Art. VIII pertained to child care homes. See also the Code Comparative Table.

Sec. 19-120. Definitions.

Day care facility means a place, which may or may not be a home, in which one or more children not related to the care provider, is cared for on a regular basis, at least once a week, for compensation, whether paid directly or indirectly.

Family day care home means a dwelling, occupied as a residence by the care provider, in which family-like care is given to not more than 12 children including the provider's own children who are under the age of six years, for any part of the 24-hour day, for compensation, whether paid directly or indirectly.

(1) The central registry for child abuse established by SDCL 26-8A-10 has been checked and it does not indicate that the person was responsible for any proven instance of child abuse or neglect; and

(2) The person is not required to register as a sex offender under SDCL 22-22-31.

(3) A criminal background check has been performed, the results of which do not indicate that the person has been convicted of child abuse pursuant to SDCL Chapter 26-10 or a similar law of any other state or of the United States, at any time, or that the person has been convicted of any felony within the previous five years. For renewal registrations, a criminal background check that is less than three years old is sufficient.

Person means any individual, firm, corporation, association, institution, or other incorporated or unincorporated organization.

Provider means a person who is actively involved in the care of one or more children and is at least 18 years of age.

Registration means the applicant has completed all requirements for registration under this article.

Registered helper means a person who has met all the requirements to be a provider, except for age, and is at least 14 years of age. Any registered helper who is not 18 years of age may not be left alone on the premises with children in care.

Related means any of the following relationships by marriage, blood, or adoption between the provider and the children in care: parent, grandparent, great grandparent, brother, sister, stepparent, stepbrother, or stepsister.

School means a public or private school, which provides education through the sixth grade.

Substitute unregistered provider means a person who is at least 18 years of age but has not met or completed all requirements for registration and will offer care on a limited short-term basis.

Sec. 19-121. Large day care facilities.

Day care facilities caring for more than 12 children at any given time shall be licensed under SDCL chapter 26-6 as a day care center or as a group family day care home, except as provided in section 19-128.3.

Sec. 19-122. Registration.

No person shall establish, maintain, operate, advertise, or hold themselves out as operating a family day care home without first being registered with the city health department. The annual fee for registration shall be $15.00. Applications for registration renewal shall be made annually. Renewal applications or any additional renewal registration requirements received after December 31 of each year shall be charged a late fee of $10.00. Fees are not refundable or prorated.

Sec. 19-123. Registration form contents.

(3) Affirmation that there will be 12 or fewer children, including the children of the applicant under the age of six years who will be in attendance at the family day care home at any one time, except as provided in section 19-128.3.

(4) The names, addresses, and social security numbers of the applicant, if a natural person, all providers and all other persons 15 years of age and older who reside at or will be present on the premises on a regular basis.

a. Has passed a background check within 90 days immediately prior to registration.

b. Tested negative for active tuberculosis within one year immediately prior to registration. After initial registration, a tuberculosis test as much as three years old will be acceptable.

c. Completed a "basic child care course" and "infant/toddler first aid/CPR" certification.

(6) Proof that all persons 15 years of age and older who reside at or who will be present on the premises on a regular basis, have passed a background check within 90 days immediately prior to registration.

(7) For renewal registrations, proof that each provider has completed yearly educational requirements as provided or approved by the city.

Sec. 19-124. Registration.

Within 15 days of receipt of the application, the director of the health department or designee shall review the same for compliance, and if in compliance, a registration certificate shall be issued. Registration expires on December 31 of the year of issue.

Sec. 19-125. Registration certificate displayed.

Registration certificates shall be displayed in plain view within the child care home.

Sec. 19-126. City obligations.

The city shall provide to applicants and family day care providers the following:

(3) "Basic child care" and "infant/toddler first aid/CPR" courses at least three times annually. Other child care educational courses shall be provided throughout the year.

(4) A newsletter periodically containing educational articles and information on training opportunities in the community, which shall be mailed to all registered child care homes.

Sec. 19-127. Exceptions.

(b) Registration is not required for providers who are related to all of the children that are cared for.

Sec. 19-127.1. Lapsed registration/ notification of parents.

The health department shall establish procedures for notification of parents when a family day care provider that is either non-compliant with this ordinance or has not completed the registration process by December 31 of each year.

Sec. 19-128.1. Number of children allowed.

A provider of a family day care home may care for no more than 12 children, including the provider's own children who are under the age of 6 years. If there are more than four children under the age of 18 months in the day care home, there must be a registered provider and a second registered provider or registered helper present. If there are more than eight children under the age of 18 months present in the day care home, then a third registered provider or registered helper must be present.

Beginning January 1, 2010, a provider of a family day care home may care for a maximum of 12 children, including the provider's own children who are under the age of six years. No more than four of the 12 children may be under the age of two years, and no more than two of these four children may be under the age of one unless there is a registered helper in the home. If a provider cares for children under two years of age, the provider must maintain an adult child ratio of one adult to four children for children under the age of two.

Family day care providers caring for special needs children will need to decrease the number of children according to the special needs child's plan of care and individual needs.

Sec. 19-128.2. Unregistered substitute provider authorized in limited circumstances.

A short term, unregistered substitute provider may be allowed to take over care for the registered provider for up to 12 hours per week, not to exceed 52 hours in a year, for unexpected situations such as a family emergency, provider illness, or doctor appointments. Planned events such as vacations and planned medical leaves are not covered under this section; care during such events must be provided by a registered provider or a registered helper.

Sec. 19-128.3. Additional children permitted.

The maximum number of children cared for in a family day care home may not exceed 12, except:

(1) Between 6:00 a.m. and 9:00 a.m. and between 3:00 p.m. and 6:00 p.m., when the maximum number may not exceed 14, if the two additional children are enrolled in a school.

(2) Between 9:00 a.m. and 3:00 p.m. on days that regularly-scheduled classes have been canceled at the school that the two additional children attend. This does not include planned or scheduled closures.

Sec. 19-128.4. Reporting of incidents or changes in circumstances.

The provider shall report a change in circumstance which could affect the provider's ability to provide adequate care or change the environment provided in the day care. A change in circumstance includes items such as a change in registered helper, a change of address, a change in household size, a change in household composition, changes in a provider's name, opening, closing, or reopening of a day care, a change in the condition of the home, or involvement with the Office of Child Protection Services or law enforcement concerning allegations of child abuse, neglect, or violent crimes. The report must be made to the health department within 24 hours after the change in circumstances occurs.

The provider must notify the health department within 24 hours after the occurrence of an unusual incident such as a fire, serious injury to a child, serious illness that results in the hospitalization of a child, or the death of a child while in care.

Sec. 19-128.5. Master list.

Providers of day cares shall maintain a current and accurate master list of all children enrolled in the day care, along with parent contact information including home and work addresses and all telephone numbers. Such master list shall be provided by the day care provider upon the request of law enforcement, health department employees or code enforcement officers at any time of day or night.

Sec. 19-129. Room heaters.

Unvented fuel-fired room heaters are prohibited from use in a family day care home. Any stoves or fuel-fired heaters in use in spaces occupied by children shall be separated from the space by partitions or screens.

Sec. 19-130. Dangerous materials and objects.

Flammable and combustible liquids and poisonous materials shall be stored in a space accessible only to designated personnel. Firearms shall be unloaded and stored in a locked area. Firearms and ammunition shall be stored separately. All sharp kitchen utensils, matches, and lighters shall be inaccessible to children.

Sec. 19-131. CPR required.

All family day care providers and registered helpers registered under this ordinance must maintain a current infant/child cardiopulmonary resuscitation (CPR) certification from the American Red Cross, American Heart Association, or suitable equivalent.

Sec. 19-132. Inspections.

All home day cares shall be open to announced or unannounced inspection by health department employees, law enforcement, and code enforcement officers at any time during normal business hours.

Sec. 19-133. Suspension or revocation of registration.

The public health director has authority to suspend or revoke a registration for good cause. "Good cause" may include, but is not limited to:

(1) Circumstances or events, including exigent circumstances or events, involving a provider's action, inaction, or failure to comply with any terms of this article when reasonably corroborated and objectively considered to pose an imminent risk of harm to the health, safety, or rights of a child in care. In such cases, the health department may take immediate action to suspend the provider's registration. A registration suspension shall be temporary in nature and the terms of any such suspension shall be specified at the time of issuance; however, if no other time period is specified for a registration suspension, the suspension shall be deemed in effect for the maximum time period of 90 days. The provider shall be informed of any such temporary suspension and their immediate post-suspension right to a hearing thereon. Any circumstances or events that lead to a registration suspension herein can similarly amount to good cause for a registration revocation if such revocation is issued by the department prior to the expiration of a suspension; or

(2) A registrant, a provider employed by the registrant, or a person present on the premises on a regular basis is required to register as a sex offender under SDCL 22-22-31; or

(3) A registrant, a provider, or a person present on the premises on a regular basis employed by the registrant has been added to the central registry for child abuse established by SDCL 26-8A-10; or

(4) A registrant, a provider, or a person present on the premises on a regular basis is a person described in the first sentence of SDCL 26-6-14.11 or otherwise ineligible under state or federal law to be a registrant or provider.

(5) The applicant omitted material information upon the application for registration under Section 19-122; or

(6) The information on the application for registration under Section 19-122 contains a material misstatement of facts; or

(7) Any failure to comply with the requirements of this Article VIII; or temporary suspension for any substantiated allegation of mistreatment, neglect, or improper supervision; or

(8) Failure to cooperate with health department personnel investigating a complaint regarding the family day care home or a provider, including an impromptu site visit; or

(9) The state department of social services/ child care services has denied, suspended, revoked, or refused to renew registration under Chapter 26-6 of South Dakota Codified Laws; or

(10) Notwithstanding subsection (1) herein, any other sub-standard condition which the health department has determined constitutes a threat to the health, safety, or well-being of a child or the children cared for in the family day care home, of which the health department has been notified and the department has had an opportunity to thereafter notify the registrant, and the condition has not been remedied within the time specified by the health department.

A person aggrieved by the decision of the public health director may appeal under the provisions of Sections 2-60 et seq. of this code.

Sec. 19-134. Effective date.

The city council adopted Ordinance 91-08 on July 14, 2008, with an effective date of January 1, 2009.

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Chapter 19 HEALTH AND SANITATION*