Chapter 25  MOTOR VEHICLES*

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*Cross references: Airports, ch. 4; bicycles, ch. 10; identification of vehicle of electrician, § 15-13; vehicles of garbage haulers, § 18-53; requirements for infectious waste hauler vehicles, § 19-102; mobile homes, ch. 24; noise control, ch. 25 1/2; peddlers and vendors, ch. 29; identification of vehicles of plumbing contractors, § 33-11; police, ch. 34; traffic, ch. 40; vehicles for hire, ch. 43.

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Article I.  In General

Secs. 25-1--25-16.  Reserved.

Article II.  Vehicle Equipment

Sec. 25-17.  Warning tickets.

Sec. 25-18.  Reserved.

Sec. 25-19.  Headlights dimmed.

Sec. 25-20.  Reserved.

Sec. 25-21.  Emergency vehicle warning device.

Secs. 25-22--25-24.  Reserved.

Sec. 25-25.  Projecting loads.

Sec. 25-26.  Reserved.

Sec. 25-27.  Weight and size of vehicles and loads.

Sec. 25-28.  Reserved.

Sec. 25-29.  Protection of load.

Sec. 25-30.  Obedience to police.

Secs. 25-31--25-39.  Reserved.

Article III.  Abandoned, Wrecked, Dismantled or Inoperative Motor Vehicles

Sec. 25-40.  Definitions.

Sec. 25-41.  Storing, parking or leaving vehicles declared nuisance.

Sec. 25-42.  Exceptions.

Sec. 25-43.  Removal.

Sec. 25-44.  Disposition of unclaimed vehicles.

Sec. 25-45.  Modification of state law.

Secs. 25-46--25-48.  Reserved.

Sec. 25-49.  Duty of private property owners.

Sec. 25-50.  Notice to remove.

Sec. 25-51.  Responsibility for removal.

Sec. 25-52.  Notice procedure.

Sec. 25-53.  Content of notice.

ARTICLE I.  IN GENERAL

Secs. 25-1--25-16.  Reserved.

ARTICLE II.  VEHICLE EQUIPMENT

Sec. 25-17.  Warning tickets.

The police, upon reasonable belief that a vehicle is being operated in violation of any provision of this article, the traffic ordinances of the city or applicable state law or is in such unsafe condition as to endanger any person, may require the driver of the vehicle to stop and submit to inspection of the vehicle and its equipment, license plates and registration card. The police are hereby authorized to issue a warning ticket to any driver whose vehicle is in violation of any of the provisions of this article, the traffic ordinances of the city or applicable state law. Such warning ticket shall clearly designate the provisions which are being violated and shall provide for notification to the police department when such violation is corrected, by the time specified on the warning ticket. The form and content of the warning ticket shall be at the discretion of the police chief.

(1957 Rev. Ords., § 13.114; Ord. No. 2283, 9-15-64)

Sec. 25-18.  Reserved.

Sec. 25-19.  Headlights dimmed.

No person shall use headlights upon any vehicle on any street unless the lights are dimmed in such a way as to prevent the light being dazzling or glaring to persons using the streets.

(1957 Rev. Ords., § 13.134)

Sec. 25-20.  Reserved.

Sec. 25-21.  Emergency vehicle warning device.

Every police and fire department and fire patrol vehicle and every ambulance used for emergency calls shall be equipped with a bell, siren or exhaust whistle. It shall be unlawful for any other vehicle to be equipped with such equipment.

(1957 Rev. Ords., § 9.911)

Cross references: Fire protection and prevention, ch. 16; police, ch. 34; surface ambulance services, § 43-60 et seq.

State law references: Similar provisions, SDCL 32-15-12.

Secs. 25-22--25-24.  Reserved.

Sec. 25-25.  Projecting loads.

No person shall drive any vehicle upon any street with any load or part of a load projecting more than four feet beyond the rear end or front end, or more than two feet beyond the sides of the body, or carrying part of such vehicle, unless there is attached to the extreme ends and sides of such projecting load some warning sign or signal plainly discernible to other drivers and clearly indicating the projecting parts of such load.

(1957 Rev. Ords., § 13.137)

Sec. 25-26.  Reserved.

Sec. 25-27.  Weight and size of vehicles and loads.

A vehicle may not be driven or operated upon any street or highway within the city if such vehicle's gross weight, load or size does not comply with the requirements of the state law governing such vehicles or this Code. The city engineer may issue temporary permits for trucks that do not comply with this section to operate on city streets. The fee for this permit is $15.00.

(1957 Rev. Ords., § 13.136; Ord. No. 39-85, § 1, 5-6-85; Ord. No. 7-02, § 1, 2-11-02)

State law references: Weight, size and load restrictions, SDCL ch. 32-22.

Sec. 25-28.  Reserved.

Sec. 25-29.  Protection of load.

(a)     No vehicle shall be driven or moved on any street or highway in the city unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substances may be sprinkled on a roadway in cleaning or maintaining such roadway.

(b)     No person shall operate on any street or highway in the city any vehicle with any load unless the load and any covering is securely fastened to prevent the covering or load from becoming loose, detached or in any manner a hazard to other users of the highway.

(1957 Rev. Ords., § 13.137)

State law references: Similar provisions, SDCL 32-15-18.

Sec. 25-30.  Obedience to police.

No person shall refuse or fail to comply with any lawful order, signal or direction of any police officer, or refuse to submit to any lawful inspection or fail to comply with the provisions or requirements of any warning ticket issued by the police under this chapter.

(Ord. No. 85-73, § 1, 10-8-73)

Secs. 25-31--25-39.  Reserved.

ARTICLE III.  ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE MOTOR VEHICLES*

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*State law references: Abandoned vehicles, SDCL 32-30-12 et seq.

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Sec. 25-40.  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:

Abandoned vehicle means any vehicle which is left unattended or stored on any public property in the same or substantially same place within the city for a longer period than 24 hours.

Inoperable vehicle means any vehicle which is not in operating condition due to damage, removal or inoperability of one or more tires and wheels, the engine or other essential parts required for the operation of the vehicle, or which does not have lawfully affixed thereto a valid state license plate or which constitutes an immediate health, safety, fire or traffic hazard.

Private property means any real property within the city which is privately owned and which is not public property.

Public property means any street, alley or highway which shall include the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel, and also means any other publicly owned property or facility.

Removal agency means any public body, private or nonprofit organization authorized by the city to remove and salvage abandoned or inoperable vehicles.

Vehicle means any conveyance which is designed to travel along the ground or in the water and shall include, but not be limited to, automobiles, buses, motorbikes, motorcycles, motor scooters, trucks, tractors, pull trailers, go-carts, golfcarts, boats, campers and trailers.

(Ord. No. 88-73, § 2, 10-8-73; Ord. No. 102-76, § 1, 12-6-76; Ord. No. 14-87, § 1, 3-9-87)

Cross references: Definitions and rules of construction generally, § 1-2.

Sec. 25-41.  Storing, parking or leaving vehicles declared nuisance.

The presence of an abandoned, discarded, wrecked, burned, dismantled, inoperable, junked or partially dismantled vehicle or parts thereof on private or public property is hereby declared a public nuisance, which may be abated as such in accordance with the provisions of this article. It is unlawful to keep or place any of such vehicles or vehicle parts:

(1)     Upon public streets or property except on an emergency basis; or

(2)     Upon the private property of any person owning, in charge of, or in control of any real property within the city, whether as an owner, tenant, occupant, lessee or otherwise, for longer than 14 days unless it is within a carport, fully enclosed building or structure. A tarpaulin, tent or other similar temporary structure shall not be deemed to satisfy the requirements of this section.

In no event shall an inoperable vehicle that constitutes an imminent health, safety or fire hazard be kept or located on any premises.

(Ord. No. 88-73, § 2, 10-8-73; Ord. No. 14-87, § 2, 3-9-87)

Cross references: Nuisances and offensive conditions, § 19-49 et seq.; removal of vehicles illegally parked, § 40-45.

Sec. 25-42.  Exceptions.

This article shall not apply to the following:

(1)     One inoperable vehicle kept on private property without being shielded from public view if licensed and kept on a private driveway. If this inoperable vehicle is in a state of externally visible disrepair or disassembly, it shall not be kept on the private driveway longer than 14 days.

(2)     Filling stations, automobile repair shops or any other motor vehicle related businesses in compliance with applicable city ordinances may place inoperable vehicles being repaired or offered for sale on the premises.

(3)     Junkyards operated and maintained in compliance with applicable city ordinances.

(Ord. No. 88-73, § 2, 10-8-73; Ord. No. 14-87, § 3, 3-9-87)

Sec. 25-43.  Removal.

Whenever the police department finds an abandoned or inoperable vehicle on public property within the city, it is authorized to place written notice on the vehicle that it will be removed to a garage or place of safety unless the owner removes the vehicle from public property within 24 hours of the giving of the notice. After the expiration of the 24-hour period, the vehicle may be removed by a removal agency to a garage or place of safety. Nothing in this section precludes the police department from immediately removing a vehicle that constitutes an imminent health, safety or fire hazard.

(Ord. No. 88-73, § 2, 10-8-73; Ord. No. 102-76, § 2, 12-6-76; Ord. No. 14-87, § 4, 3-9-87)

Sec. 25-44.  Disposition of unclaimed vehicles.

The removal agency shall have the rights and obligations conferred upon it by SDCL ch. 32-36 in regard to titling or disposition of such unclaimed abandoned or inoperable vehicle, except that, if not otherwise provided by state law, it shall have a possessory lien upon any vehicle removed under provisions of this article for the costs or reasonable charges in taking custody of and storing such vehicles.

(Ord. No. 88-73, § 2, 10-8-73; Ord. No. 102-76, § 3, 12-6-76; Ord. No. 14-87, § 5, 3-9-87)

Sec. 25-45.  Modification of state law.

For the purposes of this article, SDCL 32-30-12 is modified to read as follows:

Whenever any vehicle is left unattended on any public road, highway, or highway right-of-way of this state, for a longer period than 24 hours, without notifying the sheriff or highway patrol office of the county or a peace officer of the municipality where said vehicle is parked, it shall be deemed to be an abandoned vehicle and subject to the provisions of sections 32-30-13 through 32-30-18, inclusive, or in the alternative, the City of Sioux Falls may elect to proceed subject to the provisions of sections 32-36-2 through 32-36-10, inclusive, as if the abandoned vehicles as defined herein were included in SDCL 32-36-2, Definition of Terms.

(Ord. No. 104-87, § 1, 12-14-87)

Secs. 25-46--25-48.  Reserved.

Sec. 25-49.  Duty of private property owners.

No person owning, in charge of or in control of any real property within the city, whether as owner, tenant, occupant, lessee or otherwise, shall allow any abandoned or inoperable vehicle of any kind to remain on such property longer than 14 days.

(Ord. No. 14-87, § 11, 3-9-87)

Sec. 25-50.  Notice to remove.

A notice in writing shall be served by the city upon any person having an abandoned or inoperable vehicle on their property requesting the removal of such motor vehicle in the time specified in this article.

(Ord. No. 88-73, § 2, 10-8-73; Ord. No. 14-87, § 12, 3-9-87)

Sec. 25-51.  Responsibility for removal.

Upon proper notice, the owner of the abandoned or inoperable vehicle and the owner or occupant of the private property on which the vehicle is located, either or all of them, shall be responsible for its removal.

(Ord. No. 88-73, § 2, 10-8-73; Ord. No. 14-87, § 13, 3-9-87)

Sec. 25-52.  Notice procedure.

The city shall give notice of removal to the owner or occupant of the private property where the abandoned or inoperable vehicle is located. It shall constitute sufficient notice, when a copy of the notice is sent by registered or certified mail to the owner or occupant of the private property at his last known address.

(Ord. No. 88-73, § 2, 10-8-73; Ord. No. 14-87, § 14, 3-9-87)

Sec. 25-53.  Content of notice.

The notice in section 25-52 shall contain the request for removal within 14 days after the mailing of such notice, and the notice shall advise that failure to comply with the notice to remove shall be a violation of this article.

(Ord. No. 88-73, § 2, 10-8-73)