ALP

*Cross references—Airport authority board, § 4-20 et seq.; arena, ch. 8; arena board, § 8-17 et seq.; civil defense, ch. 12; continuity of city government, § 12-16 et seq.; elections, ch. 14; electrical board of appeals and examiners, § 15-18; fire protection and prevention, ch. 16; bureau of fire prevention, § 16-36 et seq.; garbage and trash, ch. 18; board of health and health center governing board, § 19-23 et seq.; historic preservation commission, § 19 1/2-7 et seq.; commission on human relations, § 21 1/2-16 et seq.; parks and recreation, ch. 27; park and recreation board, § 27-17 et seq.; personnel regulations and benefits, ch. 30; personnel department, § 30-2 et seq.; civil service board, § 30-58 et seq.; planning, ch. 32; planning commission, § 32-17 et seq.; plumbing board of appeals and examiners, § 33-12; police, ch. 34; retirement and pensions, ch. 35; board of trustees of retirement system, § 35-63 et seq.; firefighters' pension fund retirement board, § 35-125 et seq.; streets and sidewalks, ch. 38; taxation, ch. 39; public parking facilities board, § 40-256 et seq.; utilities, ch. 41; administration of sewer article, § 41-109; zoning board of adjustment, app. B, ch. 15.63; extraterritorial zoning board of adjustment, app. C, art. 21.00.

ARTICLE I. IN GENERAL

Sec. 2-1. Ordinances saved from repeal.

Nothing contained in this Code, nor in the ordinance adopting this Code, shall be construed to repeal or otherwise affect in any manner:

(2) Any ordinance of an administrative character not in conflict with the provisions of this Code.

And all such ordinances are hereby saved from repeal and recognized as continuing in full force and effect to the same extent as if set out at length in this Code.

Sec. 2-2. Reserved.

ARTICLE II. CITY COUNCIL ORGANIZATION AND PROCEDURE*

*Editor's note: Ord. No. 50-95, § 1, adopted Mar. 20, 1995, repealed former §§ 2-2--2-7, which pertained to the city commission. Section 2 of said ordinance added §§ 2-3--2-27, to read as herein set out.

Sec. 2-3. Council meetings.

(a) All meetings of the council shall be open to the public, unless closed pursuant to state law.

(b) The city council shall hold meetings on the first, second, and third Monday of each month at 7:00 p.m. The first meeting of the month shall be the regular meeting. In addition, any meeting scheduled for the purpose of considering the override of a mayoral veto shall be a regular meeting. When the day fixed for any meeting of the council falls on a date designated by law as a legal or national holiday, such meeting shall be held at the same hour on the next succeeding day not a holiday.

(c) Any meeting of the council may be adjourned to a later date and time, provided that no adjournment shall be for a longer period than until the next scheduled meeting.

(d) The council may by resolution, when necessary, change the time and place of any meeting. The resolution shall set forth the circumstances necessitating such change. Such resolution shall be published at least 24 hours prior to the rescheduled meeting. The city clerk shall give each council member written notice, personally, or by mail, or by facsimile of any change from the meeting days established by this section.

(e) All meetings of the city council shall be open to the media, subject to recording by radio, television, and photography at any time, provided that such arrangements do not interfere with the orderly conduct of the meetings under such rules as the council may prescribe.

(Ord. No. 50-95, § 2, 3-20-95; Ord. No. 57-97, § 1, 8-4-97; Ord. No. 34-98, § 1, 3-16-98; Ord. No. 117-99, § 1, 11-15-99; Ord. No. 121-99, § 1, 12-6-99)

Sec. 2-4. Special meetings.

(a) The mayor, acting mayor, or six members of the council may call special meetings of the council whenever in their opinion the public business may require it.

(b) Whenever a special meeting is called, a notice in writing signed by the mayor, acting mayor, or the council members requesting the meeting shall be prepared by and filed with the city clerk and served upon each member of the council either in person, by facsimile, or by notice left at the council member's place of residence. The notice shall state the date and hour of the meeting and the purpose for which such meeting is called. No business shall be transacted at the meeting except such as is stated in the notice.

Sec. 2-5. Briefing meetings and informational meetings.

(a) The council may meet in briefing meetings and informational meetings which shall be open to the general public to review forthcoming meeting agendas and programs of the city, receive progress reports on current programs or projects, or receive other similar information from the mayor, provided that all discussions and conclusions thereon shall be informal. If an informal meeting is not a regularly scheduled briefing meeting, members of the council shall be given at least 24 hours notice.

(b) The regularly scheduled briefing meeting shall be held Monday afternoon one week prior to each scheduled council meeting.

(Ord. No. 50-95, § 2, 3-20-95; Ord. No. 117-99, § 2, 11-15-99; Ord. No. 121-99, § 2, 12-6-99)

Sec. 2-6. Executive sessions.

Executive sessions or closed meetings may be held in accordance with the provisions of the South Dakota Open Public Meetings Law.

Sec. 2-7. Minutes.

(a) The city clerk shall prepare minutes of all regular and special meetings, briefing meetings, informational meetings, and executive sessions. The minutes shall be maintained in the office of the city clerk. The minutes shall reflect:

(b) Approval of minutes of all but closed meetings or sessions shall be considered at the next regular council meeting. Such minutes may be reviewed by the city clerk to correct spelling, numbering, or other such technical defects.

(c) Minutes of closed meetings or sessions shall be sealed in the office of the city clerk. They shall be reviewed periodically by the city council in closed session.

(d) Minutes of all meetings held pursuant to section 2-3(b) of this article shall be published in the city's official newspaper. Minutes of other meetings, except closed meetings, may be published at the request of a majority of the city council.

Sec. 2-8. Journal of proceedings.

(a) A journal containing the minutes of the council meetings shall be kept by the city clerk which shall constitute the official record of the council.

(b) The journal shall be open to public inspection, except for proceedings of closed meetings as permitted by state law.

Sec. 2-9. Presiding officer; duties.

(b) The mayor shall preserve strict order and decorum at all regular and special meetings of the council and confine members in debates to the question under discussion.

(c) The mayor shall state every question coming before the council, announce the decision of the council on all subjects, and decide all questions of order; subject, however, to an appeal to the council, in which event a majority vote of the council shall govern and conclusively determine such question of order.

(d) The mayor shall vote only in the case of a tie vote, his name being called last.

(e) The council shall designate a council chair and council vice chair to perform the duties of acting mayor pursuant to charter section 2.03. The chair and vice chair shall serve a one-year term.

(f) During the absence of the mayor, the acting mayor shall discharge the duties but not the powers of the mayor. The acting mayor may vote on all issues.

(1) The acting mayor shall preside at meetings of the council in the absence of the mayor.

(2) The acting mayor may perform the ceremonial duties of the mayor or as requested by the mayor.

(Ord. No. 50-95, § 2, 3-20-95; Ord. No. 31-96, § 1, 3-18-96; Ord. No. 76-99, § 2, 7-19-99)

Sec. 2-10. Call to order.

(a) The mayor shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the council to order.

(b) In the absence of the mayor, the council chair, or in the chair's absence, the council vice chair shall call the council to order.

(c) Upon the arrival of the mayor, the acting mayor shall relinquish the position of presiding officer upon the conclusion of the business immediately before the council.

Sec. 2-11. Roll call.

Before proceeding with the business of the council, the city clerk or assistant clerk shall call the roll of the members. The names of those present shall be entered in the minutes.

Sec. 2-12. Quorum.

Five members of the council shall constitute a quorum and be necessary for the transaction of business. If a quorum is not present, those in attendance shall be named and shall adjourn to a later time.

Sec. 2-13. Rules of order.

"Robert's Rules of Order Newly Revised" (latest edition) shall govern the proceedings of the council in all cases, unless they are in conflict with this article.

Sec. 2-14. Order of business.

(13) Report of officers, boards, committees, commissions, and transfers of unencumbered appropriation balances among programs within a department or organizational unit as provided in the Sioux Falls City Charter Section 5.07(d).

(Ord. No. 50-95, § 2, 3-20-95; Ord. No. 51-98, § 1, 5-18-98; Ord. No. 28-99, § 1, 3-15-99; Ord. No. 68-02, § 1, 9-3-02; Ord. No. 1-09, §1, 1-5-09)

Sec. 2-15. Agenda.

(a) All reports, communications, ordinances, resolutions, or other matters to be submitted to the council for consideration shall be delivered to the city clerk at least two business days prior to each council briefing meeting, whereupon the city clerk shall furnish each member of the council, the mayor, and the city attorney with a copy of the documents and an agenda on the day prior to the council briefing meeting.

(b) During consideration of new business, the mayor or any council member may bring before the council any business that person feels should be deliberated upon by the council. These matters need not be specifically listed on the agenda. Formal action on such matters shall be deferred until a subsequent council meeting, except that immediate action may be taken upon a vote of six members of the council.

Sec. 2-16. Addressing the council; time limit.

(a) No person shall address the council without first securing the permission of the mayor to do so.

(b) Each person addressing the council shall step up to the microphone in front of the rail, shall give his name and address in an audible tone of voice for the record, and unless further time is granted by the council, shall be limited to five minutes.

(d) No person, other than the council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the council without the permission of the mayor.

(f) No person, except council members, shall address the council after a motion is made unless requested by a council member.

Sec. 2-17. Rules of debate.

(b) The mayor may debate from the chair, subject to such limitations of debate as are imposed on all members by this article.

(c) Every member desiring to speak shall address the mayor, and, upon recognition, shall keep comments confined to the question under debate.

(d) A member, once recognized, shall not be interrupted when speaking unless it is to be called to order, or as herein otherwise provided. If a member, while speaking, is called to order, the member shall cease speaking until the question of order be determined, and if in order, the member shall be permitted to proceed.

(e) A motion may be reconsidered at any time during the meeting of the city council or at the next regular meeting. A motion for reconsideration being once made and decided in the negative, shall not be renewed. A motion for reconsideration can only be made by a member who voted on the prevailing side.

Sec. 2-18. Voting procedure.

(a) Council members may not abstain from voting, but may absent themselves from the meeting by physically leaving the meeting at the time an item is called by the clerk. Members with a financial interest in a matter shall disclose such interest and shall absent themselves from the meeting by physically leaving the meeting while the matter is considered.

(b) A member's silence in failing to respond to a roll call shall be recorded as an affirmative vote.

(Ord. No. 50-95, § 2, 3-20-95; Ord. No. 117-99, § 3, 11-15-99; Ord. No. 121-99, § 3, 12-6-99)

Sec. 2-19. Decorum.

(a) While the council is in session, the members must preserve order and decorum, and a member shall neither, by conservation or otherwise, delay or interrupt the proceedings or the peace of the council or disturb any member while speaking or refuse to obey the orders of the council or the mayor, except as otherwise herein provided.

(b) Any person making personal, impertinent, or slanderous remarks or who shall become boisterous while address the council shall be forthwith, by the mayor, barred from further audience before the council, unless permission to continue be granted by a majority vote of the council.

Sec. 2-20. Enforcement of decorum.

Upon instructions of the mayor, the sergeant at arms shall place any person who violates the order and decorum of the meeting under arrest, and cause him to be prosecuted under the provisions of this Code.

Sec. 2-21. Persons authorized to be within rail.

No person, except city officials and their representatives shall be permitted within the rail in front of the council chamber without the express consent of the mayor.

Sec. 2-22. Members' objections to council action entered in minutes.

At the time of the vote, a council member may request to have the reasons for that member's dissent from, or protest against, any action of the council entered in the minutes.

Sec. 2-23. Ordinances, resolutions, motions, and other documents requiring council approval.

(a) All ordinances shall be prepared by the city attorney and presented to the council only in printed or type-written form. No ordinance shall be prepared for presentation to the council unless requested by two members of the council or the mayor, or prepared by the city attorney on the attorney's own initiative.

(b) All proposed ordinances, resolutions, and other documents requiring council approval, shall, before presentation to the council, have been approved as to form and legality by the city attorney's office, and been reviewed by the mayor or an authorized representative, where there are substantive matters of administration involved. All proposed ordinances and resolutions shall also be reviewed by the head of the department under whose jurisdiction the administration of the subject matter of the ordinance, resolution, or other document would devolve. Any comments regarding the document shall be submitted to the mayor and the council.

(c) Ordinances, resolutions, and other matters or subjects requiring action by the council must be introduced and sponsored by a member of the council, except that the mayor may present ordinances, resolutions, and other matters or subjects to the council, and any council member may move that such ordinances, resolutions, matters or subjects be adopted; otherwise they shall not be considered.

(d) No ordinance shall relate to more than one subject. The subject shall be clearly expressed in the title.

(e) The city clerk shall distribute copies of all proposed ordinances to all members of the council on the day prior to the council briefing meeting at which the ordinance is to be introduced. If the ordinance carries an emergency clause, copies of the ordinance must be distributed at least 12 hours prior to the meeting of the council at which the ordinance is to be considered.

(f) When an ordinance is referred to a committee of the council, the committee shall report the ordinance to the council at a subsequent meeting. The ordinance shall stand for final action in accordance with the report of the committee, notwithstanding that such committee reports an amended or substituted ordinance, provided that such amendment or substitution is germane to the ordinance originally referred to such committee.

(g) The yes and no votes shall be taken upon the passage of all ordinances and resolutions and entered upon the official record of the council.

(h) An affirmative vote of at least five of the council shall be necessary to pass an ordinance. A resolution, motion, or any other proposition may be adopted by a majority of those present. When any vote is called, each council member shall respond "yes," "no," or "pass." An council member who responds "pass" shall be given an opportunity at the end of the roll call to change his vote to "yes," or "no." Any "pass" response not so changed shall be recorded as an affirmative vote.

(i) Upon passage, a number shall be assigned to each ordinance or resolution by the city clerk.

(j) When passed by the council, unless an ordinance has been vetoed by the mayor, an ordinance shall be signed by the mayor and be attested by the city clerk. If the mayor does not veto an ordinance, but fails to sign the ordinance, the city clerk shall so note the failure to sign on the ordinance, shall attest and file the ordinance.

(k) Any member of the city council may request formal written city attorney opinions, relating to city business, from the mayor.

(l) Any member of the council may, for purposes of inquiry, request verbal or written opinion or advice on city legal matters directly from the city attorney.

(Ord. No. 50-95, § 2, 3-20-95; Ord. No. 117-99, § 4, 11-15-99; Ord. No. 121-99, § 4, 12-6-99)

Sec. 2-24. Reports and resolutions to be filed with city clerk.

All reports and resolutions of departments, authorities, boards, committees, commissions, districts, and similar organizations shall be filed with the city clerk and referenced in the minutes.

Sec. 2-25. Adjournment.

Sec. 2-26. Creation of agencies, authorities, committees, boards, commissions, and districts.

(a) The council may create agencies, authorities, committees, boards, commissions, and districts to assist in the conduct of the operation of the city government with such duties as the council may specify not inconsistent with the city charter or Code of Ordinances.

(b) Membership and selection of members shall be as provided by the council if not specified by the city charter or Code of Ordinances.

(c) Any agency, authority, committee, board, commission, or district so created shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the council.

(d) No agency, authority, committee, board, commission, or district so appointed shall have powers other than advisory to the council or the mayor except as otherwise specified by the city charter or Code of Ordinances.

(e) Except as otherwise provided by this Code or state law, any person appointed to any city agency, authority, board, committee, commission, or district authorized by this Code shall not serve more than two consecutive full or partial terms of office on such agency, authority, board, committee, commission, or district.

(f) Citizen appointees who miss more than 50% of the board meetings in any calendar year may be removed by the mayor for cause.

(g) Except as otherwise provided by this Code or state law, the council may remove any member of an agency, authority, board, committee, commission, or district appointed by the council for cause.

(h) Members of agencies, authorities, boards, committees, commissions, or districts shall be registered voters of the city unless otherwise specified.

(i) Any vacancy on any board shall be filled for the unexpired term of the member vacating such board in the same manner as is required for a regular appointment.

(Ord. No. 50-95, § 2, 3-20-95; Ord. No. 26-99, § 1, 3-1-99; Ord. No. 179-07, § 1, 11-19-07)

Sec. 2-26.1. Rules for boards and commissions.

Bylaws or rules of procedure for any agency, authority, board, committee, commission, or district must contain the following:

(1) Each member of a city agency, authority, board, committee, commission, or district shall, upon assuming office, receive a CD of orientation materials regarding, at a minimum, the form of city government, the city's conflicts of interest ordinance, the state open meeting laws, and the basic rules of parliamentary procedure. Such materials shall also be available online.

(2) A uniform format for the agenda shall be established. A printed agenda shall be prepared in advance of all meetings of city agencies, authorities, boards, committees, and commissions. Each agenda shall contain, at a minimum, a time and place of the meeting and specific descriptions of the topics to be discussed.

(3) A uniform format shall be established for the taking of minutes. A set of minutes of all meetings of city agencies, authorities, boards, committees, and commissions shall be kept and filed with the city clerk. Minutes shall contain, at a minimum, a record of attendance, actions taken, numerical results of votes taken, and specific descriptions of items discussed.

Sec. 2-26.2. Standing committees of the council.

The council shall establish a fiscal policy committee, a land use and development policy committee, and a public services policy committee as standing committees of the council to serve in a research and advisory capacity only.

Sec. 2-27. Fee for special meetings of council.

If a special meeting of the council is held because of an individual request, that individual shall pay a special meeting fee of $150.00 to the city clerk prior to the scheduling of the meeting.

Sec. 2-28. Assignment of delinquent accounts, uncollectible accounts.

The city may assign for collection any or all delinquent accounts receivable. After reasonable collection efforts for accounts receivable under $5,000.00, the city finance officer may determine that an account is uncollectible, and direct that the uncollectible amount be removed from the records and disclosed on that year's financial report. For accounts receivable of $5,000.00 or more, the city council shall determine that an account is uncollectible, and direct that the uncollectible amount be removed from the records and disclosed on that year's financial report. Evidence of the debt removed from the records by the formal action of the finance officer or the city council shall be retained by the city to support possible subsequent collection of that debt.

Sec. 2-29. Council information gathering.

Inquires as referenced in § 2.05(c) of the City Charter shall refer to individual and collective requests by the city council for information relevant to the performance of the council's legislative and policy making duties. Information relevant to council legislative and policy making duties may not be unreasonably withheld. This section shall not authorize the public disclosure of material that is confidential or privileged under federal, state, or local law, or material the public disclosure of which otherwise would constitute an unwarranted invasion of personal privacy.

Sec. 2-30--2-33. Reserved.

ARTICLE III. DEPARTMENTAL ORGANIZATION

Sec. 2-34. City clerk.

All personnel, functions, and financial responsibility for operations of the office of the city clerk are assigned to the city council.

Sec. 2-35. Powers of the mayor.

The mayor shall, by executive order, have the power to prescribe such administrative rules and regulations as the mayor shall deem necessary or expedient for the conduct of departments and administrative agencies subject to his authority, and the mayor shall have the power to revoke, suspend, or amend any rule or regulations dealing with the administration of the city. All executive orders shall be filed with the city clerk.

(Ord. No. 26-95, § 1, 2-21-95; Ord. No. 117-99, § 6, 11-15-99; Ord. No. 121-99, § 6, 12-6-99)

Sec. 2-36. Reserved.

Sec. 2-37. Administrative organization of city departments.

The organization chart for the city shall be established by executive order of the mayor. The departments established in the order shall be the administrative departments of the city.

(Ord. No. 98-97, § 1, 12-15-97; Ord. No. 125-99, § 1, 12-13-99; Ord. No. 96-02, § 1, 11-12-02)

Secs. 2-38--2-39. Reserved.

ARTICLE IV. CHARTER REVISION COMMISSION

Sec. 2-40. Charter revision commission established.

There is hereby created an advisory commission to be known as the Sioux Falls Charter Revision Commission. The commission shall consist of five members appointed by the mayor with the advice and consent of the city council.

(Ord. No. 54-95, § 1, 4-3-95; Ord. No. 117-99, § 7, 11-15-99; Ord. No. 121-99, § 7, 12-6-99)

Sec. 2-41. Duties; public meetings.

The commission may deliver a report to the city election authorities framing and proposing amendments to the Sioux Falls Home Rule Charter which it deems advisable. The commission shall hold at least one public meeting each calendar year for the purpose of receiving recommendations from the public regarding revisions to the charter and to take action upon any matters before the commission relating to proposed charter revisions.

Sec. 2-42. Officers and rules.

The commission shall elect such officers as it deems necessary. It may adopt formal written rules for the conduct of its business and proceedings.

Sec. 2-43. City attorney ex-officio.

The city attorney shall be an ex-officio member of the commission and shall serve as its legal advisor.

Secs. 2-44--2-50. Reserved.

ARTICLE V. FINANCIAL REGULATIONS*

*Editor's note—Former art. II, §§ 2-15--2-18, has been renumbered as art. V, §§ 2-51--2-54, at the discretion of the editor.

Sec. 2-51. Accounting publications adopted.

The most current edition of the Municipal Accounting Manual (MAM) for state municipalities, published by the state department of legislative audit; Government Accounting, Auditing and Financial Reporting (GAAFR), published by the Government Finance Officers Association and the Governmental Accounting Standards Board (GASB), are hereby adopted by the city to govern its financial procedures.

Sec. 2-52. Revenues and special funds.

All money belonging to the city derived from taxation, licenses, fines, forfeitures, the operation of waterworks or other public utility owned or operated by the city, 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 as provided by law.

Sec. 2-53. Reserved.

Editor's note—Ord. No. 117-99, § 8, adopted Nov. 15, 1999 and Ord. No. 121-99, § 8, adopted Dec. 6, 1999 repealed § 2-53 which pertained to report by boards and fee collecting officers. See the Code Comparative Table.

Sec. 2-54. Department of finance.

(b) The department of finance shall be managed and directed by the city finance officer, who shall be appointed as provided by the charter, and who shall file a bond in the amount of $250,000.00.

(c) The city finance officer shall perform all the duties of the city auditor and city treasurer, as provided by law in the South Dakota Codified Laws and in the ordinances of the city.

(d) All references made in the South Dakota Codified Laws and the City Code to the city auditor and city treasurer shall be construed to mean the city finance officer.

Sec. 2-55. Authorization of promissory notes.

Whenever monies shall have been actually provided for any fund by a levy of taxes or otherwise, and such monies shall not have been actually collected, but concerning the receipt of which monies there can be no question, the city council is hereby authorized to anticipate the receipt of such monies into such fund and may issue promissory notes from such fund to any other fund of the city for which there shall not be immediate use.

Sec. 2-56. Disbursements by third party administrators.

The mayor may, by executive order, authorize the processing of claims and expenditures by third party administrators under contract with the city, including the issuances of warrants drawn on separate accounts established by the city. Authorized third party administrators shall be subject to audit as determined by the city.

Editor’s note—Ord. No. 123-98, § 1, adopted Nov. 23, 1998, amended the Code by adding provisions designated § 2-55. Inasmuch as there already exist provisions so designated, Ord. No. 123-98 has been included herein as § 2-56. See the Code Comparative Table.

Secs. 2-57--2-59. Reserved.

ARTICLE VI. ADMINISTRATIVE APPEALS

Sec. 2-60. Appeal permitted.

Any party who is harmed by any action or decision of any agency or major organizational unit of the city concerning an administrative decision of a city official or officials from which an appeal is not otherwise provided, may appeal the decision. The mayor shall use his discretion and shall either assign three directors to sit as a board or hire an independent hearing examiner to hear the appeal.

Appeals shall be commenced by filing a written appeal with the agency or major organizational unit within ten days of the decision. The appeal shall include a statement of the action complained of, why the same should be modified or rescinded, whether the appellant desires appointment of a board or hearing officer or an open or closed hearing and an address where the appellant can be mailed notice of hearings. The director of the agency or major organizational unit shall immediately deliver a copy of the appeal to the city attorney who will act as legal counsel.

Sec. 2-61. Time of hearing and notice.

A public hearing, or a closed hearing if the board or hearing officer determines it is necessary, shall be held on all appeals within 15 working days after the filing of the appeal, unless a later date is agreed upon by the appellant and the board or hearing examiner. The major organizational unit or agency shall cause written notice of the date, time, and place of such hearing to be served upon the appellant by personal service or certified mail to the address set forth in the appeal at least five days before the hearing date.

Sec. 2-62. Hearing procedures.

(1) Hearings and administrative appeals need not be conducted according to the technical rules relating to evidence and witnesses.

(3) The chairman of the board or the hearing examiner shall administer oaths or affirmations to witnesses.

(4) Any relevant evidence shall be admitted if it is the type of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence after objection in civil actions in courts of competent jurisdiction in this state.

(5) Irrelevant and unduly repetitious evidence and evidence that lacks trustworthiness shall be excluded.

Sec. 2-63. Rights of parties at hearing.

The appellant, the major organizational unit or agency, and any other party to an appeal shall have these rights among others:

(1) To call and examine witnesses on any matter relevant to the issue of the hearing;

(3) To cross examine opposing witnesses on any matter relevant to the issues of the hearing; and

Sec. 2-64. Decision.

After each appeal hearing, the board or hearing examiner shall perform the following:

(2) Based upon such written findings, sustain, remand for further hearing or action, or rescind the complained action or decision. The board or hearing examiner may in its discretion waive the payment of any permit, reinstatement or late penalty fee.

Sec. 2-65. Report, costs.

A written report of the decision, including the findings of fact, shall be furnished to the appellant and the major organizational unit or agency within 15 working days from the date the appeal hearing is closed. The city and the appellant shall bear their own respective costs of the appeal proceeding. The decision of the board or hearing examiner shall be final.

Sec. 2-66. Subject to judicial review.

The decision of the board or the hearing examiner may be subject to judicial review as provided by law.

Secs. 2-67--2-69. Reserved.

ARTICLE VII. NAMING FACILITIES

Sec. 2-70. City council approval required.

No official name shall be changed or given to any city-owned building used for civic, cultural, or recreational purposes unless the name has been approved by the city council. The official name of any of the below-listed facilities may not be changed without the approval of the city council.

Sec. 2-71. Criteria for naming.

The naming of any building may be based upon, but is not limited to, consideration of the following criteria.

Secs. 2-72--2-79. Reserved.

ARTICLE VIII. EMERGENCIES

Sec. 2-80. Disaster declaration.

The mayor shall declare an emergency by executive order upon the occurrence of any disaster or emergency involving any natural, nuclear, man-made, war-related or other catastrophe producing phenomena in the city which in the opinion of the mayor, causes damage of sufficient severity and magnitude to warrant extraordinary lawmaking authority. Notice shall be provided to the press by e-mail or facsimile, or any other means.

Sec. 2-81. Emergency council meetings.

Upon the declaration of an emergency by the mayor pursuant to section 2-80 of this Code, meetings of the city council may be convened without the notice required for special meetings pursuant to section 2-4 of this Code. Notice shall be provided to the press by e-mail or facsimile, or any other means.

Sec. 2-82. Emergency ordinances.

Notwithstanding the provisions of state law, upon the declaration of an emergency by the mayor, ordinances or resolutions may be adopted and become effective upon one reading and adoption.

Sec. 2-83. Emergency award of contracts.

Upon the declaration of an emergency by the mayor pursuant to section 2-80 of the Code the city, pursuant SDCL 5-18-3.1, may award contracts without advertising.

Secs. 2-84--2-89. Reserved.

ARTICLE IX. PLACEMENT OF STATUES, MONUMENTS, AND MEMORIALS*

*Editor's note: Ord. No. 92-99, § 1, adopted Sept. 7, 1999, amended the Code by adding provisions designated as Art. VIII, § 2-80. Inasmuch as there already exist in the Code, provisions so designated, the provisions of 92-99 have been included herein as Art. IX, § 2-90, at the discretion of the editor. See the Code Comparative Table.

Sec. 2-90. Placement of statues, monuments, and memorials.

Excluding works of art or exhibits in or on the grounds of the Washington Pavilion, the Sioux Falls Zoo and Delbridge Museum of Natural History, the Horse Barn, and the Old Courthouse Museum, no statue, monument, or memorial shall be placed in any city park, city property, or public right-of-way unless the placement has first been approved by the city council, after recommendation from the appropriate city board or commission, including the visual arts commission.

(Ord. No. 92-99, § 1, 9-7-99; Ord. No. 71-00, § 1, 8-14-00; Ord. No. 76-03, § 1, 8-18-03)

Secs. 2-91--2-99. Reserved.

ARTICLE X. CITY COUNCIL CODE OF ETHICS

Sec. 2-100. Adoption of code of ethics.

The Code of Ethics of the Sioux Falls City Council is hereby adopted as Appendix E to this Code.

Secs. 2-101--2-109. Reserved.

ARTICLE XI. ADMINISTRATIVE CODE ENFORCEMENT

Sec. 2-110. Statement of purpose and intent.

The city has determined that the enforcement of the city's Code is an important public service and is vital to the protection of the public's health, safety, and welfare. The city has determined that there is a need for alternative methods of comprehensive code enforcement using both administrative and judicial remedies. The city has also determined that because life-safety issues may be regulated through an administrative enforcement process, penalties for violation should be enhanced.

Sec. 2-111. 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:]

Administrative code enforcement remedies means administrative citations and civil penalties as contained in this article.

Civil penalty means the administrative civil penalty assessed and all costs incurred by the city from the first discovery of the violations until compliance is achieved. It includes, but is not limited to, staff time and expense in inspecting the property, sending notices, preparing reports and files.

Code enforcement officer means any city employee or agent of the city with the authority to enforce any provision of this Code and issue notice of violations or administrative citations.

Responsible party means any person or persons in charge of the premises or location, or the person or persons responsible for the event or incident, and includes any of the following:

(4) If any of the above is a minor, a parent or guardian of such minor shall be the responsible party.

(5) If any of the above is a business entity, the manager or onsite supervisor where the violation exists.

Rolling 12-month period means any 12 consecutive months following a violation.

Sec. 2-112. General enforcement authority.

For the purposes of this article, any code enforcement officer may issue notices of violation and administrative citations, inspect public and private property, and enforce any available administrative and judicial remedies.

Sec. 2-113. Authority to inspect.

Code enforcement officers may enter upon any property and make any examination and surveys necessary to perform their enforcement duties. Inspections may include the taking of photographs, samples, or other physical evidence. If an owner, occupant, or agent refuses permission to enter to inspect, the code enforcement officer may seek an administrative inspection warrant pursuant to the procedures provided for in South Dakota Codified Laws.

Sec. 2-114. Administrative citations.

(a) Any person violating any provision of this Code for which a civil penalty may be assessed may be issued an administrative citation by a code enforcement officer as provided for in this article.

(b) A continuing violation of this Code constitutes a separate and distinct violation each day that the violation exists.

(c) A civil penalty shall be assessed by means of an administrative citation issued by the code enforcement officer and shall be payable directly to the city.

(d) Penalties assessed by an administrative citation shall be collected in accordance with the schedule of civil penalties.

Sec. 2-115. Administrative citation procedures.

(a) A code enforcement officer may issue an administrative citation to a responsible party as described in this article. The citation shall be on forms approved by the city.

(b) If the responsible party is not an individual, the code enforcement officer shall attempt to issue the owner an administrative citation. If the owner cannot be located, the administrative citation may be issued in the name of the entity and given to a manager or onsite supervisor. A copy of the administrative citation shall also be mailed to the owner.

(c) The responsible party shall sign the administrative citation. If the responsible party refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation.

(d) If the code enforcement officer cannot locate a responsible party, the administrative citation may be mailed to the responsible party as prescribed in subsection (b) above.

(e) If no one can be located at the property, the administrative citation may be posted in a conspicuous place on or near the property and a copy subsequently mailed to the responsible party as provided in subsection (b) above.

(f) The failure of any responsible party to receive notice shall not affect the validity of any proceedings taken under this article.

Sec. 2-116. Appeal.

Any administrative citation issued pursuant to this article may be appealed pursuant to Article VI of this chapter.

Sec. 2-117. Administrative citation penalties assessed.

(a) Any civil penalties assessed shall be payable to the city within ten days from the date of the administrative citation.

(b) Payment of the civil penalty shall not excuse the failure to correct the violations nor shall it bar further enforcement action by the city.

(c) If the responsible party fails to correct the violation, subsequent administrative citations may be issued for the same violations. The amount of the civil penalty shall increase at a rate specified in ordinance.

Sec. 2-118. Failure to appeal or pay administrative citation penalties.

The failure of any person to file a timely appeal or pay the civil penalties within the time specified on the citation shall constitute an irrebuttable presumption that a violation has occurred. It may result in the city attorney filing legal proceedings in magistrate or circuit court. Alternatively, the city may pursue any other legal remedy available to collect the civil penalty or correct the violation of city ordinance.

Sec. 2-119. Civil penalty--List.

The following schedule lists the code provisions for which civil penalties may be cited under this article.

(Ord. No. 26-02, § 1, 4-8-02; Ord. No. 111-03, § 2, 11-17-03; Ord. No. 112-03, § 2, 11-17-03; Ord. No. 28-04, § 2, 3-1-04)

Sec. 2-120. Same--Fines.

Not withstanding the provisions of section 1-4 of this Code, the civil penalties within any rolling 12-month period shall be as follows:

Sec. 2-121. Remedies not exclusive.

The procedures established in this article are in addition to other legal remedies established by law which may be pursued to address violations of this Code. The use of this article shall be at the sole discretion of the city.

ARTICLE XII. PARKING TICKET APPEALS

Sec. 2-122. Parking tickets--time for payment or appeal.

The responsible party shall pay any parking ticket or citation issued under Article XIV of Chapter 40 of the Revised Ordinances of Sioux Falls, SD, within seven days from the date of issuance. However, any party may, in lieu of payment, appeal a parking ticket within that time period pursuant to this Code. The mayor shall appoint hearing officers to hear any such appeal.

Sec. 2-123. Appeal permitted.

Appeals shall be commenced by filing a written appeal to the attention of the director of public parking, office of parking ticket clerk, within seven days of the issuance of a parking ticket. The appeal shall state why the parking ticket should be modified or dismissed, and an address where notice of the hearing should be mailed. Failure to timely file a written appeal shall constitute a waiver of the right to exhaust the administrative remedy provided herein.

Sec. 2-124. Hearing.

A public hearing shall be held on all appeals within 20 days after the filing of the appeal, unless a later date is agreed to by both the appellant and the city. The city shall mail notice of the hearing to the appellant by first class mail at least five days before the hearing date.

Sec. 2-125. Hearing procedures.

(1) Parking ticket hearings will be informal and need not be conducted according to the technical rules relating to evidence and witnesses.

(2) Receipt of the information appearing on a parking ticket or citation by the hearing officer from the parking ticket clerk or other city representative shall constitute a rebuttable presumption that the ticket or citation was validly and lawfully issued.

(3) Oral evidence shall be taken only on oath or affirmation and shall be recorded by tape recording or other electronic means.

(4) The clerk to the hearing officer shall administer oaths or affirmations to witnesses.

(5) The hearing officer may consider any relevant evidence if it is the type of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence after objection in civil actions in courts of competent jurisdiction in the state.

Sec. 2-126. Rights at hearing.

(1) Call and examine any witness on any matter directly relevant to the parking ticket.

Sec. 2-127. Decision and record.

At the conclusion of the hearing, the hearing officer shall announce a decision based on a preponderance of the evidence. The hearing officer may sustain, modify, or dismiss the parking ticket. The decision of the hearing officer shall constitute the city's final decision. The record of the hearing shall consist of: The decision of the hearing officer, as recorded by the clerk; a copy of the information from the ticket; any exhibits from the hearing; and the record of the testimony before the hearing officer. If a decision modifies the amount due on the ticket and the modified amount is not paid within 48 hours of the announcement of the hearing officer's decision, the original amount of the ticket shall be reinstated automatically.

Sec. 2-128. Rules of administrative procedure apply.

The sections of SDCL Ch. 1-26 relating to appeals in contested cases shall apply to the procedure for city parking ticket appeals so far as the rules hereby adopted shall be consistent and applicable, unless a different procedure is specifically adopted by city ordinance. However, as permitted by South Dakota Constitution article IX, section 2, the provisions of SDCL 1-26-1(1) are superseded by this article.

Sec. 2-129. Appeal to circuit court.

Either party may appeal the decision of a parking ticket hearing officer to circuit court, utilizing the procedures set forth in sections 2-130 to 2-132, inclusive.

Sec. 2-130. Filing of appeal.

Within 15 days of the date of the city's decision, either party may appeal by filing notice of appeal with the Minnehaha County Clerk of Courts. The appellant shall serve a copy of the notice of appeal prior to filing and proof of service shall accompany the original notice of appeal when filed. If appealed by the person who appealed pursuant to section 2-123, the notice of appeal shall be served upon the director of public parking and the city attorney. If appealed by the city, the notice of appeal shall be served on the person who appealed pursuant to section 2-123. The notice shall describe the parking ticket issued, the date of the hearing, and a description of the decision from which the appeal is taken. The venue of the appeal shall be the Second Judicial Circuit. Once the notice of appeal is filed, the director of public parking or designee shall transmit the city's record of the hearing to the Minnehaha County Clerk of Courts within ten days. The city's transmittal of any such record need not be in compliance with SDCL 1-26-33.

Sec. 2-131. Court review.

After the filing of notice of appeal and receipt of the record, the court shall review the matter and may elect to waive the receipt of briefs or further argument and make a decision on the record presented, or may request additional argument from the parties at a time established by the court. Any hearing conducted hereon shall not be de novo.

Sec. 2-132. Standard of review.

The court shall give great weight to the findings made and inferences drawn by the hearing officer on all questions of fact and related presumptions. The court may affirm the decision of the hearing officer or remand the case for further proceedings. The court may reverse or modify the decision only if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions were:

ARTICLE XIII. AUDIT COMMITTEE

Sec. 2-133. Created.

There is hereby created an audit committee for the city. This committee shall be entitled the audit committee.

Sec. 2-134. Membership and qualification.

The committee shall be composed of five members. The members shall include two city council members one of which will be on the city council fiscal committee. The remaining three members will be from outside city government and be independent of city government. All of the outside members shall have finance and/or audit experience.

Sec. 2-135. Appointment.

The city council members shall be appointed by the chair of the city council. The outside members shall be appointed by the city council.

Sec. 2-136. Terms; filling of vacancies.

The city council members shall serve a term of one year with no limit on reappointment. The outside members shall serve a three-year, staggered term, and may be reappointed for one additional term.

Sec. 2-137. Operation.

The committee shall elect a chair from the three outside committee members. No elected official may serve as chair of the committee.

Sec. 2-138. Meetings.

The committee shall hold regular meetings at least quarterly. Minutes will be taken by staff and such minutes shall be made public. The committee shall keep a record of its meetings, resolutions, and findings.

Sec. 2-139. Quorum.

Three of the members of the committee shall constitute a quorum and may, by resolution or motion at any meeting duly held, authorize any action within the power of the committee.

Sec. 2-140. General duties.

The committee shall annually develop an audit program for the ensuing year. The audit program will be submitted to the city council for approval. The committee shall be authorized to hire an independent lead auditor as necessary. The lead auditor will report to the chair of the audit committee with a secondary reporting responsibility to the city clerk. Audit reports will be reviewed by the committee and subsequently shall be submitted to the mayor and the city council. The audit committee shall approve annual audit protocols for the auditors. The committee shall also receive reports from the auditors and shall make recommendations to the mayor and city council of changes in the city's financial practices.

Sec. 2-141. Budget.

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Chapter 2 ADMINISTRATION*