ALP

*Cross references—Administration, ch. 2; consumption of alcoholic beverages on public streets or alleys, § 5-9; bicycles, ch. 10; building, ch. 11; historic preservation, ch. 19 1/2; junk and secondhand dealers, ch. 22; mobile homes, ch. 24; peddlers and vendors, ch. 29; planning, ch. 32; improvements in unapproved streets, § 32-40; plumbing, ch. 33; signs and outdoor advertising, ch. 37; traffic, ch. 40; utilities, ch. 41; storm drainage fee, § 41-80; vegetation, ch. 42; vehicles for hire, ch. 43; subdivision ordinance, app. A.

State law references—Regulation of streets and public places, SDCL ch. 9-30; street and alley improvements, SDCL ch. 9-45; sidewalk improvements, SDCL ch. 9-46.

ARTICLE I. IN GENERAL

Sec. 38-1. 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:

(1) Any ordinance dedicating, naming, establishing, locating, relocating, opening, widening, paving, improving or abandoning any street, alley or other public way in the city; or

(2) Any ordinance establishing the grades and widths of any street, alley or other public way in the city; 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. 38-2. Names of streets and avenues.

The names of the streets and avenues in the city are hereby fixed and adopted in accordance with and as shown by the map of the city designated as map A, on file in the office of the city engineer, which is hereby designated and adopted as the official map of the city.

Sec. 38-3. Street grades.

The grades of the streets in the city shall be on file in the office of the city engineer and are hereby established and designated as the grades of the streets of the city, and the records thereof are incorporated in this section by reference and adopted as the official record of the grades of streets in the city.

Sec. 38-4. Alley grades.

The grades of alleys in the city shall be in accordance with and as shown by the red lines and figures in book 3 of Alley Profiles on file in the office of the city engineer and are hereby established and designated as the grades of the alleys of the city, which books and profiles and the records thereof are incorporated in this section by reference and adopted as the official record of the grades of alleys in the city.

Sec. 38-5. Roadway widths.

The widths of the roadways between curblines for vehicular traffic on the various streets in the city are hereby fixed and established in accordance with the official record of the width of roadways in the city on file in the office of the city engineer, which record is incorporated in this section by reference and is designated and adopted as the official record of the width of roadways in the city.

Sec. 38-6. Eave pipes.

No person shall place or maintain any pipe leading from the eaves of any building in such position that the water discharged thereby may flow upon or over any public sidewalk.

Sec. 38-7. Damage.

No person without proper authority shall tear up, break, or injure any pavement, crosswalk, sidewalk or other improvement in any street or public ground.

Sec. 38-8. Goods on sidewalk.

No person shall, without a license, place any goods or merchandise for sale or exhibition upon any sidewalk or cause to be placed thereon any goods in bottles, cans, cases or packages, or any empty boxes or packages at any time except that, for the purpose of loading or unloading, such articles may be placed upon the outer side of the sidewalk for such time as may be necessary to load or unload the articles, but in no instance shall any such articles be left upon the sidewalk in the nighttime or in such way as to obstruct the sidewalk.

Sec. 38-9. Fences in residential districts.

(a) No barbed wire fence shall be erected or maintained in a residential district as defined by the zoning regulations.

(b) No fence shall be erected or maintained in a residential district in such manner as to unreasonably obstruct the view of others or their access to light or air.

Sec. 38-10. Saltwater mixtures on streets prohibited.

No person shall deposit or cause to be deposited directly or indirectly any salt or saltwater brine upon any sidewalk or street except for the placing of salt upon sidewalks and pavements when it is necessary to protect pedestrians from slipping on the ice.

Sec. 38-11. Stair railings.

Any owner having a stairway leading from an adjoining sidewalk to the cellar or basement of a building shall guard such stairway with a substantial railing not less than three feet high, and the entrance to such stairway shall be at right angles to the street from which entry is made.

Sec. 38-12. Right-of-way landscaping.

The portion of a dedicated public right-of-way between the street and the property line excepting the sidewalk shall be landscaped and maintained by the abutting property owner. Landscaping shall be limited to sod, seed, or other living ground cover approved by the city. Nonliving ground cover, including, but not limited to, rock, stone, brick concrete, asphalt or other like materials, shall not be used as landscape material except as provided herein.

The city may authorize the use of nonliving ground cover for landscaping a public right-of-way when it is determined that a location will not allow for adequate maintenance of sod or other living ground cover. This exception shall not include the use of loose rock or asphalt as landscaping material.

Sec. 38-13. Right-of-way vacation petition.

Owners of property abutting a city street or alley may petition the city to vacate the dedicated public right-of-way. No petition will be considered by the city unless it is signed by the owners of 100 percent of the property abutting a street or alley. A charge of $250 shall be made for filing a city street or alley right-of-way vacation petition.

Secs. 38-14--38-21. Reserved.

ARTICLE II. PUBLIC IMPROVEMENTS GENERALLY

Sec. 38-22. Engineering design standards.

The city council shall, by resolution, approve engineering design standards for the construction of public improvements in the city.

Sec. 38-23. Public improvements.

The following public improvements shall be done in accordance with the city's standard specifications and engineering design standards and under the supervision of the city engineer:

(3) Construction of all public water mains and water connections in the streets.

Sec. 38-24. Petitions for street and alley improvements.

Owners of property abutting a city street or alley may petition the city for public street and alley improvements. No petition will be considered by the city unless it is signed by the owners of 50 percent of the property abutting a street or the owners of 75 percent of the property abutting an alley.

Sec. 38-25. Reserved.

Editor's note—Ord. No. 104-99, § 1, adopted Oct. 4, 1999, repealed § 38-25, which pertained to duties of engineer. See the Code Comparative Table.

Sec. 38-26. Interference with contractors.

No person shall interfere with or obstruct any person in carrying out in a lawful manner any lawful contract entered into with the city for paving, grading, or constructing sidewalks or curbs or any other public improvements or public works.

Sec. 38-27. Interfering with barricades.

No person shall move, interfere with, break, destroy, or carry away any barricades or signs used by the city or any contractor in guarding unsafe or dangerous places in the maintenance or repair of streets or in any lawful work being carried on by the city or any contractor.

Sec. 38-28. Contractor's liability policy and surety bond.

(a) Unless permitted by Chapter 35 1/2 of this Code, no person, other than the city, shall be granted any permit, license or contract or be permitted or authorized, except as otherwise provided in section 38-60, to grade, pave, surface, curb, excavate, make openings, break or cut any curb or pavement, install or work on sewer mains or sewer connections, install or work on water mains or water connections, erect or work on any telephone or telegraph lines or poles, overhead or underground electric transmission line or electric service, install or work on any gas mains, construct, reconstruct or repair sidewalks, store building materials, erect or maintain barricades in connection with construction work, or perform any contract for public improvement or do any public improvement, work in, upon, under or over any street, avenue, alley, public way, park or other public place within the city without first securing and filing with the city proof of the following:

(1) Workers' compensation insurance providing the statutory limits required by South Dakota law.

(2) Commercial general liability insurance coverage issued by an insurance company authorized to do business in this state covering such work and activities proposed to be done in such public places. The insurance shall provide occurrence form contractual, personal, injury, bodily injury and property damage liability coverage with limits of at least $1,000,000.00 per occurrence, $2,000,000.00 general aggregate, and $2,000,000.00 aggregate products and completed operations. These limits may include excess liability (umbrella) coverage. The insurance policy shall name the city and its representatives as an additional insured. If occurrence form insurance is not available, claims made insurance may be provided. The policy shall be maintained for three years after completion of the work.

(3) Automobile liability insurance covering all owned, non-owned, 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 $1,000,000.00 combined single limit each occurrence. The required limit may include excess liability (umbrella) coverage.

(b) Prior to receiving a permit for the construction or installation of any work for others within the streets, any contractor must first execute a performance and payment bond in an amount equal to the total cost of work to be performed, signed by a surety company. In lieu thereof, the contractor may give bond to the city in the amount of $10,000.00 covering all work to be done during the year in which the bond is given. Any bond required by this section shall provide that the contractor shall faithfully perform the contract, pay all permit and other associated city fees, promptly pay all persons supplying him with labor or material in the prosecution of the work provided for under the permit, and replace any defective work within a period of three years from the time of completion of the project which in the opinion of the city was not installed in accordance with the required specifications.

Sec. 38-29. Certificate of self-insurance.

In lieu of any insurance policy required under section 38-28, government agencies and public utilities may provide a certificate of self-insurance. Such certification shall provide assurances that reserves in support of the self-insurance program are adequate to provide coverage at the levels required of insurance policies in section 38-28. The form of such certificate shall be provided in the engineering design standards of the city. The certificate shall be filed in the office of the city engineer.

Sec. 38-30. Protection of public.

Any person working in or upon any street, alley, sidewalk or public ground shall, during the progress and continuance of the work, erect and maintain around the work both by day and night suitable barricades, fences, signs and signals, in accordance with the Manual on Uniform Traffic Control Devices, so as to prevent injury to persons, animals, or vehicles on account of such work.

Sec. 38-31. Front foot assessments for street maintenance.

(a) The city council, prior to the assessment of real property within the city for the next fiscal year, may levy annually for the purpose of maintaining or repairing street surfacing or pavement a special front foot assessment not to exceed $1.00 per front foot upon the lots fronting and abutting the street. The assessment shall be apportioned on a front foot basis and levied in the following manner:

The city council, prior to the assessment of real property, may by resolution designate the lot or portion of lots against which the assessment is to be levied and the amount of the assessment against each lot or portions thereof for such purposes; notify the director of equalization to add the assessment to the general assessment against the property; and certify the assessment together with the regular assessment to the county auditor to be collected as taxes for the city of Sioux Falls for any general purposes. The assessment is subject to review and equalization the same as assessments or taxes for general purposes. Front foot, for the purposes of this section, means the actual front of the premises as established by the buildings thereon, record title, and use of the property regardless of the original plat.

(Ord. No. 104-99, § 5, 10-4-99; Ord. No. 98-04, § 1, 9-20-04; Ord. No. 102-05, § 1, 10-11-05; Ord. No. 123-06, §1, 10-2-06; Ord. No. 100-07, § 1, 6-18-07; Ord. No. 79-08, § 1, 6-16-08)

Sec. 38-32. Assessment for local/collector street improvements.

(a) When the city council deems it necessary to construct or improve a local or collector street by special assessment where the streets are not improved or do not meet city design standards, the total cost of the improvements shall include, but not be limited to, the cost of acquisition of right-of-way and easements, grading, paving, curb and gutter, storm sewer, intersection improvements, utilities, utility relocation, engineering and testing, inspection, publication, and legal expenses. Engineering, testing, and inspection expenses shall not exceed the amounts shown in the following table:

(b) A property owner who donates the necessary land for right-of-way and easement purposes in accordance with city design standards shall not be assessed for the cost of acquisition of right-of-way and easements. Property owners who do not donate necessary right-of-way may be assessed for costs associated for the acquisition of said property, necessary utility relocation, or easements necessary to construct the street.

(c) Property owners abutting the local or collector street improvement shall be assessed for actual costs of the street and utilities as limited to local and collector street standards.

(Ord. No. 103-99, § 1, 10-4-99; Ord. No. 9-02, § 1, 2-11-02; Ord. No. 66-04, § 1, 6-14-04; Ord. No. 97-07, § 1, 6-18-07; Ord. No. 10-09, § 1, 1-12-09)

Sec. 38-32.1. Assessment for arterial street sidewalk improvements.

(a) Owners of property platted prior to January 1, 2009, with direct access to an abutting arterial street will be assessed for the required sidewalk improvements if the owner does not construct the sidewalks.

(b) Property with direct access to the arterial street shall be assessed for sidewalk improvements based on the frontage of each platted lot which has direct access. Assessments for properties with shared driveways will be based on the total frontage of property sharing the driveway.

(Ord. No. 103-99, § 1, 10-4-99; Ord. No. 9-02, § 1, 2-11-02; Ord. No. 66-04, § 1, 6-14-04; Ord. No. 97-07, § 1, 6-18-07; Ord. No. 10-09, § 2, 1-12-09)

Sec. 38-33. Reserved.

Editor’s note—Ord. No. 10-09, § 3, adopted Jan. 12, 2009, repealed § 38-33, which pertained to utility and storm sewer assessment. See the Code Comparative Table.

Secs. 38-34—38-38. Reserved.

ARTICLE III. SIDEWALK AND DRIVEWAY APPROACH CONSTRUCTION

Sec. 38-39. Responsibility.

The construction of a permanent sidewalk fronting or abutting all streets, highways and avenues shall be accomplished by the builder, owner or developer of all new or relocated residential and commercial buildings within the city.

Sec. 38-40. Supervision.

The building and construction of all sidewalks and driveway approaches within the city shall be done under the supervision of the city engineer.

Sec. 38-41. Approval generally.

The construction of sidewalks and driveway approaches within the city shall be approved by the city prior to the issuance of a certificate of occupancy as provided by the building code; except where conditions exist which in the opinion of the city engineer justify waiver thereof.

Sec. 38-42. Specifications.

The construction of all sidewalks and driveway approaches, whether to be done by direct contract with the city or by contract with the abutting property owners, shall be done strictly in accordance with the city's specifications for sidewalks and driveway approaches. The city engineer shall have full power to condemn work and material not in accordance with the requirements of such specifications.

Sec. 38-43. Permit required.

(a) Before any sidewalk or private driveway approach is constructed within the right-of-way by any contractor or person for the owners of abutting property, the contractor or person must first secure a permit therefor from the city engineer.

(b) Any person installing or constructing a sidewalk within the right-of-way and in front of or along property owned by him shall obtain a permit. The sidewalk shall be constructed in accordance with city specifications. If the city determines that the sidewalk was not constructed in accordance with city specifications, it shall be replaced by the property owner. Such persons shall be exempt from the provisions of sections 38-28, 38-29, and 38-57 through 38-61. Driveway approach permits will only be granted to bonded and insured contractors.

Sec. 38-44. Reserved.

Editor's note—Ord. No. 104-99, § 1, adopted Oct. 4, 1999, repealed § 38-44, which pertained to bond required of contractors. See the Code Comparative Table.

Sec. 38-45. Width of sidewalks.

The width of all sidewalks shall be determined by the city's engineering design standards.

Sec. 38-46. Sidewalks in planned unit developments.

In approved planned unit developments including large scale residential developments as defined in section 15.45.070 of this code, permanent sidewalks shall be located in such manner and in such areas as shall best provide access to the residents thereof, including utilization of open spaces and substantially as shown on approved development plans therefor, all subject to sections 38-40 through 38-44.

Sec. 38-47. Requirements for barrier-free curbs and sidewalks.

Whenever any person makes new installations of sidewalks, curbs or gutters, or improves or replaces existing sidewalks, curbs or gutters, in both business and residential areas, they shall install ramps at crosswalks, to make the transition from street to sidewalk easily negotiable for handicapped persons in wheelchairs and for blind persons.

Secs. 38-48--38-55. Reserved.

ARTICLE IV. EXCAVATIONS

Sec. 38-56. Supervision.

The city engineer shall supervise all excavations made for any purpose in the streets, alleys, or public grounds, and shall require compliance with all the requirements of this article.

Sec. 38-57. Refilling excavations.

Excavations shall be backfilled or refilled, and pavement, or other street surfacing, shall be replaced pursuant to the requirements of the city's standard specifications and design standards.

Sec. 38-58. Restoring pavements or street surfacing to former condition.

The city shall keep on file all copies of permits issued under this article and to inspect from time to time all pavement, or other street surfacing, disturbed pursuant to such permits. If such pavement or surfacing is not restored and maintained as nearly as possible to the original condition, notice thereof in writing by regular mail shall be given the permittee, who shall put the pavement or surfacing in good condition within three days. If the permittee fails after notice given to restore and maintain such pavement or the surface thereof, the city may make the necessary repairs and the permittee shall pay the costs thereof, and until the costs are paid, no other permit shall be issued to him or to any person in his behalf.

Sec. 38-59. Excavations near street.

No person shall make or cause to be made any excavation on any lot adjacent to any street, alley, public ground, or traveled road, or roadway, except the excavations be securely guarded so as to prevent the injury of any person or animal passing upon or along the street, alley, ground or road.

ARTICLE IV-A. PERMIT REQUIRED

Sec. 38-60. Permit required.

No person shall make or cause to be made any excavation in or under any street, parking, sidewalk, alley, or public ground or remove any earth, soil, paving, gravel or material therefrom without first having obtained a permit for the work therefor from the city

Sec. 38-61. Application for permit.

The work permit application shall state where such work is to be the extent thereof, in front of which lots and the purpose of the work.

Sec. 38-62. Permit fee.

The following fees shall be charged for permits. The city shall compute the amount of the fee which shall be paid to the city. No fee provided for by this section shall be charged for work for city purposes by departments of the city.

(1) Sidewalk and driveway permit (new access points from private property to city streets including construction or repair of driveways and sidewalks) . . . $15.00

(2) Street cut permit (installation, removal, repair, or maintenance of private facilities other than sanitary sewer, water and storm sewer services in the public right-of-way or easement) . . . 30.00

(3) Sewer, water, and sump pump permit (installation, removal, repair, or maintenance of sanitary sewer services, water services, storm sewer services, and sump pump services) . . . 50.00

(4) Construction permit (installation of public improvements; including street grading, curb and gutter, roadway subbase, base and surface, drainage and flood control, water, and sanitary sewer in proposed subdivisions) . . . 50.00

(5) Excavation and grading permit (grading outside the street right-of-way in proposed subdivisions and individual lots as defined by the Uniform Building Code) . . . 50.00

(6) Sump pump connection permit (installation of sump pump discharge line from building to storm sewer or collection system). . . . 10.00

(7) Sump pump collection system permit (connection to an existing collection system not constructed by the developer of lot connecting to the system). . . . 454.00

a. Replacing asphaltic surface cuts, permanent repair when hot asphalt is available.

b. Permanent repair during winter when weather permits usage of permanent patch.

c. A mobilization charge of $50.00 will be assessed if the patch area is not properly prepared and the city patch crew has been requested to the site.

d. The city reserves the right to require the contractor to provide their own qualified asphalt contractor for patching of the street. All expenses incurred are to be paid by the contractor.

(9) Contractors and utility companies will be billed monthly, payable within 30 days after the billing date.

(Ord. No. 104-99, § 5, 10-4-99; Ord. No. 106-00, § 1, 12-12-00; Ord. No. 13-05, § 3, 2-14-05; Ord. No. 91-06, § 1, 7-24-06)

Sec. 38-63. Reserved.

Editor's note: Ord. No. 104-99, § 5, adopted Oct. 4, 1999, repealed § 38-63, which pertained to requirements for issuance of permit. See the Code Comparative Table.

Sec. 38-64. Condition of issuance of permit.

If any permit required by this article is for excavating in or under any street, parking or sidewalk, such permit shall contain a statement and shall be issued only upon the express condition that the permittee shall refill the excavation in accordance with the instructions of the city engineer and restore the pavement or surfacing, as the case may be, to its former condition and maintain it in such condition for a period of three years from the time of such completion of the work authorized by such permit.

Sec. 38-65. Railroad company's repair and maintenance of street crossings, ditches and drains, lighting and crossing alarms.

(a) Any railroad company maintaining or operating any railroad onto or across any street, avenue or alley within the city shall construct thereat a crossing and shall keep open, maintain and repair all such crossings as required by the city. All such railroads shall make, keep open and repair ditches, drains, sewers, and culverts along and under their tracks, so that drainage of adjacent property shall not be impeded and the right-of-way shall be properly drained.

(b) In all cases where, in the opinion of the city, it is necessary for the safety and protection of the public that street or avenue crossings over railway tracks be lighted or street crossing alarms, signs or automatic signals installed to notify the public of approaching trains, the city may cause the railroad company over whose line such street or avenue crosses to install lights, crossing alarms or automatic signals for the purpose of notifying the public of approaching trains in such manner and by such method, as, in the opinion of the city, will be most suitable for the protection of the public.

(c) Whenever the city shall deems it necessary to order the construction, reconstruction or repair of any street or avenue crossing or of ditches, drains and sewers or the installation of lights, crossing alarms or automatic signals at any crossing it shall declare in a proposed resolution the necessity of such construction, repair or improvement, describing therein the crossing ditch, drain or sewer to be improved and the nature of such improvement and the time and place at which the city council will meet to consider the adoption of such resolution. Such resolution shall be published once a week for three consecutive weeks prior to the time specified in such resolution for the consideration of the adoption of the resolution. A copy of such resolution shall also be served upon the railroad company involved at least 15 days prior to the meeting in the manner provided by law for the service of a summons upon a railroad corporation. At the time of such meeting or hearing or at any adjournment thereof, the council shall investigate and consider the matter and shall hear the evidence and testimony of all parties appearing or interested therein. At the conclusion of such hearing, the council may reject or adopt such resolution with or without amendment as it shall deem proper.

(d) Such resolution shall be published, take effect and be subject to referendum as other resolutions, and upon taking effect a copy of such resolution duly certified by the city finance director shall be served upon the railroad company involved in the manner provided by law for the service of a summons upon a railroad corporation. Thereafter, and within 20 days or such longer time as may be granted by the council as set forth in such resolution, the railroad company shall do and perform all acts required by such resolution. Any railroad company neglecting to comply with the requirements of any resolution duly enacted in accordance with this section shall be liable to a penalty of $25.00 for each day such neglect shall continue, to be recovered in a civil action in the name of the city and paid into the general fund of the city.

Secs. 38-66--38-75. Reserved.

ARTICLE V. SNOW AND ICE REMOVAL*

Sec. 38-76. Duty to remove.

(a) The owner or person in possession of any property abutting on any sidewalk shall keep such sidewalk free from snow and ice and shall remove any snow or ice from the sidewalk within 48 hours after the termination of any snow fall, snow or ice accumulation.

(b) The owner or person in possession of any property abutting upon any sidewalk which ends at an intersection or crosswalk shall maintain the sidewalk free from snow and ice to the edge of the street. Snow and ice deposited on the sidewalk in the street removal process shall be removed within 48 hours of being deposited.

(1957 Rev. Ords., § 11.801; Ord. No. 2395, 12-20-65; Ord. No. 101-92, § 1, 11-16-92; Ord. No. 76-93, § 1, 10-18-93)

Sec. 38-77. Notice.

The city shall notify all owners or persons in possession of property abutting on sidewalks to keep such sidewalks free from snow and ice and to remove the same within 48 hours after every fall or accumulation of snow or ice. The notice need not be given personally but may be given generally through the official newspaper annually. The notice shall provide that each owner or person in possession is required to keep the sidewalk in front of the premises free and clear from snow and ice. It shall further provide that if the owner or person in possession fails to remove the snow or ice within 72 hours of the falling or accumulation hereof, that the city may cause said snow or ice to be removed and charge the cost to the abutting property.

Sec. 38-78. Disposal of snow and ice.

The property owner, person in possession, or person removing snow or ice from any sidewalk, public or private driveway, parking lot or parking area shall dispose of accumulated snow and ice upon such property as follows:

(2) Snow and ice shall not be deposited so as to obstruct or interfere with the passage or vision of vehicular or pedestrian traffic.

(3) In the area designated zone 1 for snow alerts, snow and ice shall not be deposited upon any public street or alley that has been cleared of snow by the grading of such snow away from the curb or the picking up and carrying away of such snow by the city. Snow and ice may be deposited on the street until it has been cleared.

(4) In all areas outside zone 1, no snow may be blown, pushed, or otherwise placed on any street at any time (both before and after the street has been plowed).

(1957 Rev. Ords., § 11.802; Ord. No. 2395, 12-20-65; Ord. No. 2662, 1-12-70; Ord. No. 1-84, 1-3-84; Ord. No. 101-92, § 1, 11-16-92; Ord. No. 28-93, § 1, 4-12-93; Ord. No. 35-94, § 1, 4-25-94)

Sec. 38-78.1. City may remove.

If the owner or person in possession of property fails to remove the snow or ice from the sidewalks within the time specified, the city may have the snow or ice removed and charge the cost thereof against the abutting property each time the snow or ice is removed.

Sec. 38-78.2. Special assessment for snow and ice removal.

(a) The cost to the city for the removal of snow and ice each year shall be certified to the city finance director on or before the first day of June of each year.

(b) The finance director shall prepare an estimate of the assessment against each lot for the removal of snow and ice for the preceding season including the expense of levying the special assessment against each lot. The estimates shall be submitted to the city council.

(c) Upon the filing of the assessment roll with the finance director, the governing body shall fix a time and place of hearing upon the same, not less than 20 days from the date of filing. The finance director shall than publish a notice of the time and place of hearing in the official newspaper at least one week prior to the date set for the hearing. The notice shall describe the reason why the special assessment is levied, the date of filing of the assessment roll, the time and place of the hearing thereon, and that the roll will be open for public inspection at the office of the finance director, and shall refer to the special assessment roll for further particulars.

(d) The finance director shall also mail a copy of the notice, by first-class mail, to the owner or owners of any property to be assessed for the snow and ice removal, at the address as shown on the records of the assessor. The mailings shall be at least one week prior to the date set for the hearing. The owner or person in possession may appear at the hearing to protest such assessment and to give reasons why such assessment should not be levied.

(e) Pursuant to the hearing, the council shall approve and file such assessment roll with the finance director. After approval and filing with the finance director, the assessment roll shall be a special lien against the property described and shall be collected in a like manner as for special assessments for public improvements.

Sec. 38-78.3. Violation.

ARTICLE VI. PARKING ON CITY STREETS DURING SNOW REMOVAL*

*Editor's note: Ord. No. 105-99, § 1, adopted Oct. 18, 1999, amended Art. VI, in its entirety, to read as herein set out in §§ 38-79--38-85. See the Code Comparative Table.

Sec. 38-79. 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:

Snow removal alert means such times as there is a snow accumulation on the public streets of two inches or more, or such times as the public works director, or the director's designee declares that snow removal operations on the public streets will commence and that the provisions of this article in regard to parking on public streets during snow removal operations are effective and will be enforced.

Street means the entire width of any public roadway within the city and it shall not be limited to those roadways designated as a "street," but include avenues and all other names by which public roadways are designated.

Zone 1 means Phillips Avenue from Falls Park Drive to Fifth Street, Main Avenue from Falls Park Drive to Fourth Street, Sixth Street from Weber Avenue to Phillips Avenue, Eighth Street from Phillips Avenue to Cliff Avenue and that area of the city enclosed within the boundaries of Minnesota Avenue on the west, Fourth Street on the north, Third Avenue on the east, and 14th Street on the south.

Zone 2 means that area of the city enclosed within the boundaries of Russell Street on the north, Cliff Avenue on the east, 33rd Street on the south, and Western Avenue on the west, except Zone 1, including the entire roadway of those designated streets and avenues.

Sec. 38-80. Declaration of snow removal alert.

When the public works director, or the director's designee, determines that snow removal from the public streets will commence, the director or designee will announce the declaration of a snow removal alert through local news media and whatever other sources are available. The announcement shall indicate that the provisions of this article will be effective and be enforced. It shall also designate the date and time when the alert begins. The determination to declare a snow removal alert will be based on the then existing weather conditions, and the amount of snow then on the ground or expected according to forecasts from weather forecasting services.

Sec. 38-81. Parking during snow removal alert--Zone 1.

During a snow removal alert within zone 1, as that term is defined by section 38-79, no person shall park or allow to remain parked any vehicle on any public street between the hours of 1:00 a.m. to 6:00 a.m.

Sec. 38-82. Parking during snow removal alert--Zone 2.

During a snow removal alert within Zone 2, during the hours 8:00 a.m. to 5:00 p.m., no person shall park or allow to remain parked any vehicle on any public street which runs north and south until the street is plowed curb to curb, and during the hours of 8:00 p.m. to 5:00 a.m., no person shall park or allow to remain parked any vehicle on any public street which runs east and west until the street is plowed curb to curb.

Sec. 38-83. Parking during snow removal alert--Zone 3.

Parking on any public street in Zone 3 is completely prohibited, on both sides and regardless of the directional run of that street, until the street is plowed curb to curb.

Sec. 38-84. Authorization for otherwise prohibited or restricted parking.

Nothing in this article authorizes parking a vehicle where otherwise prohibited or restricted, by signs or otherwise, to include emergency snow route signs.

Sec. 38-85. Determination of street direction.

The director of public works shall determine, when not obvious, which streets run north and south and which streets run east and west, and shall provide that information upon request.

Secs. 38-86--38-93. Reserved.

ARTICLE VII. NUMBERING OF BUILDINGS*

Sec. 38-94. Designation.

Buildings on the east or north side of any street or avenue shall be given even numbers, and the buildings on the west or south side thereof shall be given odd numbers.

Sec. 38-95. Central point.

All buildings on the streets and avenues of the city shall be numbered, commencing from Phillips Avenue and Ninth Street, and shall be numbered north, south, east and west from Phillips Avenue and Ninth Street, as the case may be, as far as the streets or avenues may be extended.

Sec. 38-96. Numbering north and south streets.

On all streets and avenues intersecting Ninth Street and running north and south the first block to the north or south of Ninth Street shall be numbered 100, north or south as the case may be, and the numbers shall be increased at the rate of 100 for each block or space between two streets, north or south of Ninth Street. The first number to the north or south of any intersection of such streets and avenues running north and south shall be a multiple of 100, and therefrom within each block the buildings or lots shall be numbered consecutively to the north or south as the case may be. To designate the numbers on streets or avenues running north and south of Ninth Street, the word "north" or "south" shall be placed between the number and name of the street or avenue, as the street may be north or south of Ninth Street.

Sec. 38-97. Numbering east and west streets.

On all streets and avenues intersecting Phillips Avenue and running east and west the first block to the east or west of Phillips Avenue shall be numbered 100, east or west as the case may be, and the numbers shall be increased at the rate of 100 for each block or space between two streets, east or west of Phillips Avenue. The first number to the east or west of any intersection of such streets and avenues running east and west shall be a multiple of 100, and therefrom within each block the buildings or lots shall be numbered consecutively to the east or west as the case may be. To designate the numbers on streets or avenues running east and west of Phillips Avenue the word "east" or "west" shall be used between the number and the name of the street or avenue, as the street may be east or west of Phillips Avenue.

Sec. 38-98. Issuance.

The city engineer is hereby authorized and directed to issue numbers for each building, business place, dwelling house or lot fronting on a street or avenue in the city in accordance with the provisions of this article.

Sec. 38-99. Numbering intervals.

From the corner of each block nearest its respective central point, each building lot shall be assigned a specific number.

Sec. 38-100. Display of numbers.

(a) Every person having a home or business establishment within the city is required to display in a prominent place upon the front of his home or business establishment the street number assigned by the city engineer as provided in this article.

(b) Prior to commencing construction of any new home or business establishment within the city, the assigned address number shall be placed on the lot on which construction will take place and shall be clearly visible from the street, avenue or roadway and shall be maintained until a permanent address number is placed on the structure.

(c) Prior to issuance of any occupancy permit, the permanent address number of the size specified by this article shall be affixed on the structure.

Sec. 38-101. Specifications for numbers.

Each numeral of the street number displayed by each person pursuant to the provisions of this article shall not be less than two inches in width with a minimum stroke width of 0.5 inches and not less than four inches in height. The street number shall be so located on the structure on a contrasting background such that it is clearly visible from the street. Multi-building campus/complex developments addressed on private or public streets shall be provided with signage at the entrance to the campus/complex indicative of the address ranges within.

Sec. 38-102. Cost assessed.

If the owner or occupant of any dwelling house, building, business establishment fronting on a street or avenue within the city shall fail, refuse or neglect to place the number, or replace the number, when necessary, the director of inspections may cause a notice to be served by registered mail on the owner or occupant at the owner or occupant's last known address, ordering the appropriate correction. It shall be unlawful for such owner or occupant to fail to comply with such notice within ten days after the date of service. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

Secs. 38-103--38-112. Reserved.

ARTICLE VIII. BUS PASSENGER SHELTERS AND COURTESY BENCHES*

Sec. 38-113. Authorized.

Bus passenger shelters and courtesy benches for the convenience of local bus and transportation patrons and members of the general public may be installed and maintained only in the manner and subject to the conditions and regulations prescribed by this article.

Sec. 38-114. Permit required.

A permit must be obtained from the city for the installation of a bus passenger shelter or courtesy bench.

Sec. 38-115. Specifications and advertising.

All bus passenger shelters and courtesy benches shall conform to the specifications as to size and construction as shall be specified at the time of the issuance or the renewal of the permit. Advertising material placed thereon shall be limited to that permitted by the city planning department.

Sec. 38-116. Application for permit.

Application for a permit required by this article shall be submitted to the traffic engineering department in the form prescribed by it disclosing the name and address of the applicant, together with other necessary information required by the traffic engineering department. One application may be made for one or more bus passenger shelters or courtesy benches and one permit may be issued for one or more bus passenger shelters or courtesy benches. No fee is required for a permit.

Sec. 38-117. Insurance required.

(a) Before a permit for a bus passenger shelter or a courtesy bench shall be issued or renewed, the applicant shall post or maintain with the city either an indemnity bond or a policy of public liability insurance, approved as to form by the city, and conditioned substantially as follows: That the permittee will indemnify and save harmless the city, its officers, agents and employees from any and all loss, costs, damages or expenses by reason of legal liability which may result from or arise out of the granting of such permit, or the installation and maintenance of such bus passenger shelter or courtesy bench for which a permit is issued, and that the permittee will pay any and all loss or damage that may be sustained by any person resulting from, or arising out of, the illegal or negligent installation or maintenance of any such bus passenger shelter or courtesy bench. The bond or policy of insurance shall be maintained in its original amount by the permittee at his expense at all times during the period for which the permit is in effect. If two or more permits are issued to one permittee, one such bond or policy of insurance may be furnished to cover two or more bus passenger shelters or courtesy benches.

(b) The limit of liability upon any bond or policy so posted shall in no case be less than $250,000.00 for death or injury of one person, and $500,000.00 for total liability for death or personal injury arising out of any one event or casualty, and $25,000.00 for property damage.

Sec. 38-118. Issuance of permit.

If the traffic engineering department shall find that the applicant has complied with the prerequisites of this article and that the installation and maintenance of a bus passenger shelter or courtesy bench at the specified location will not encumber or interfere with the free use of the public way in the vicinity thereof, the traffic engineering department shall approve such permit.

Sec. 38-119. Permit nonassignable.

Sec. 38-120. Expiration of permit.

All permits issued under the provisions of this article shall expire at midnight on December 31 of each year unless theretofore renewed.

Sec. 38-121. Revocation of permit.

Any permit issued under the provisions of this article may be revoked by the city commission for the violation by the permittee of any applicable provision of this Code, state law or city ordinance, rule, or regulation.

Secs. 38-122--38-132. Reserved.

ARTICLE IX. ASSEMBLIES, PARADES AND PROCESSIONS

Sec. 38-133. 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:

Assembly means any block party, demonstration, rally, gathering or group of ten or more persons, animals or vehicles, or a combination thereof having a common purpose, design or goal, upon any public street, sidewalk, alley or other public place, which assembly substantially inhibits the usual flow of pedestrians or vehicular travel or which occupies any public area, other than a parade.

Parade means any scheduled walk, demonstration, procession, motorcade consisting of persons, animals or vehicles; or a combination thereof having a common purpose, design, designation or goal, upon any public place, which does not comply with normal and usual traffic regulations and controls.

Spontaneous event means an unplanned or unannounced coming together of persons, animals or vehicles as described in this section, which was not contemplated beforehand by any participants therein and which is caused by or in response to unforeseen circumstances or events and which is neither a parade nor as assembly, as defined in this section.

Sec. 38-134. Permits and exceptions.

(a) Permit required. No person shall conduct, manage or participate in any parade or assembly for which a written permit has not been issued in accordance with this article.

(b) Exceptions. The provisions of this article shall not apply to or affect funeral processions or spontaneous events.

(1957 Rev. Ords., §§ 9.801, 9.805; Ord. No. 15-85, § 1, 2-19-85; Ord. No. 70-87, § 2, 8-31-87; Ord. No. 55-03, § 2, 6-16-03)

Cross references: Offenses, ch. 26; offenses against public peace, § 26-25 et seq.; traffic, ch. 40; driving through procession, § 40-229.

Sec. 38-135. Application for permit.

Any person desiring a permit required by the provisions of this article shall make application to the police chief, on a form requiring the following information where applicable:

(1) The name and address of the applicant or responsible officer of the applicant.

(2) The exact time and date of commencement and termination of each act or activity desired.

(4) The person, group, association, or body to be authorized under the permit to do such act or activity and the number of persons to participate.

(5) The age of any minors who may participate in such activity, and the name of the person who will be responsible for such minors.

(6) Such other relevant information as the police chief may require for the investigation of the applicant.

Sec. 38-136. Contents of permit.

(a) The permit required by this article shall contain all information contained in the application and be signed by the police chief, with a signed copy kept with the application on file in the office of the police chief.

(b) If the application indicates that the parade or assembly will be utilizing any property which is a city park, or city parkland, the director of parks and recreation shall cosign the application along with the police chief.

(c) The police chief shall have the authority to attach any conditions for the protection of the health, safety and well-being of the general public.

Sec. 38-137. Matters considered in determining issuance of permit.

In deciding whether to issue a permit under the provisions of this article, the police chief shall consider the following:

(2) Anticipated traffic conditions at the time and date proposed for the activity.

(3) Schedule of other similar activities for which permits may have been issued.

(5) Availability of city personnel whose presence on duty may be required by the activity and by the necessity to protect the general public.

(6) Adequacy of public facilities in the location proposed for the activity to accommodate the proposed activity and the normal public use of public facilities in the proposed location.

(7) Whether the remaining width of street available for travel would be less than 20 feet.

(8) Whether a clear view of the parked equipment is available for a distance of 200 feet in each direction upon such street.

(9) Whether provision is made for adequate passage on and maintenance and cleaning of streets and sidewalks.

Sec. 38-138. Issuance and alternatives to permit.

(a) The permit required by the provisions of this article shall be issued by the police chief, provided that such permit may be denied or refused if it shall appear that the applicant or the act or activity requested on the application shall violate any applicable provisions of this Code or state law.

(b) If the police chief shall receive more than one application for a parade or assembly to be held at the same time, same place or on the same day, the application filed first takes precedence.

(c) The police chief shall notify the applicant of alternative times, places, manner or duration for the conducting of a parade or assembly, if the police chief can reasonably do so and if the application as submitted is denied.

(Ord. No. 15-85, § 5, 2-19-85; Ord. No. 70-87, § 4, 8-31-87; Ord. No. 55-03, § 3, 6-16-03)

Sec. 38-139. Time lapse between application for permit and activity.

It shall be unlawful for any activity regulated under this article to commence within 48 hours from the time of the application for a permit.

Sec. 38-140. Deviation from permit.

No person participating in any act or activity for which a permit has been granted under the provisions of this article shall deviate from or alter any of the terms or contents of such permit.

Sec. 38-141. Display of permit.

Every person having a permit issued under the provisions of this article shall have the permit in his possession during the activity permitted thereby, and shall display the permit upon the request of any law enforcement officer. Failure to display the permit shall be unlawful.

Sec. 38-142. Revocation of permit.

(a) The police chief may revoke a permit required under this article at any time if:

(1) An emergency arises making it impossible to assign necessary personnel to the event required to protect the public safety; or

(2) Information is obtained after the permit is issued from which the police chief may reasonably conclude that the permit should have been denied.

(b) The police officer assigned to oversee a parade may revoke a parade permit if the police officer finds that:

(1) The parade has deviated or will deviate from the route approved in the permit;

(3) Fire or other emergency requires the parade to be concluded to protect public safety.

Prior to terminating the parade pursuant to subsection (b)(1) or (2) of this section, the officer must warn the participants and provide them with an opportunity to return to the approved route or to comply with the permit conditions.

Sec. 38-143. Distribution at parades.

No person conducting, managing, or participating in any parade shall distribute or permit the distribution of any candy or balloons to persons in attendance during the parade.

Sec. 38-144. Appeal.

Any person who is aggrieved by the denial or granting of a permit as provided in this article may appeal pursuant to Article VI of Chapter 2 of this Code.

Sec. 38-145. Residential picketing prohibited.

No person shall engage in picketing before or about the residence or dwelling of any individual in the city.

ARTICLE X. PLAN REVIEW FEES.

Sec. 38-146. Construction plan review fee.

Sec. 38-147. Final plan review fee.

A charge of $300.00 shall be made for filing a final plan; plus a fee of $10.00 for each lot.

ARTICLE XI. ARTERIAL STREET PLATTING FEE*

*Editor’s note—Article XI added by Ord. No. 115-08, §2, passed September 15, 2008.

Sec. 38-150. Arterial street platting fee.

(a) The purpose of this article is to impose an arterial street platting fee on property platted or replatted after January 1, 2009 for the costs of expanding the arterial street system.

(b) The arterial street system is defined as the system of roadways for the City of Sioux Falls classified as arterials on the Sioux Falls Major Street Plan, as amended from time to time.

(c) It is the intent of this article to charge property platted or replatted after January 1, 2009 no more than its proportionate share of the costs of expanding the arterial street system.

(d) The Sioux Falls City Council finds the amount of the arterial street platting fee based on rational nexus and rough proportionality standards has been appropriately determined according to the analysis described in the Nexus Study for Arterial Street and Water Distribution Platting Fees, prepared by Duncan Associates in August 2008, or in a subsequent similar study.

(e) The arterial street platting fee shall be paid prior to approval of any plat or replat submitted after January 1, 2009.

(2) For any property platted or replatted after January 1, 2009, such plat or replat shall contain a note identifying the zoning classifications in effect at the time of plat or replat submittal. The Owner's Certificate of Compliance for such plat or replat shall indicate the plat or replat is subject to the arterial street platting fee and shall provide that arterial street platting fees shall be paid by an applicant requesting rezoning of such plat or replat in accordance with this section.

For rezonings of property platted or replatted after January 1, 2009, where the zoning classification noted in such plat or replat on which the arterial street platting fee converts to a higher per acre trip generator such as from RS-1 to RA-1, an additional arterial street platting fee shall be paid at the time of the rezoning application, with the money to be refunded if the rezoning is denied. The additional arterial street platting fee shall be the difference between the fee for the previous zoning classification as noted on the plat or replat and the fee for the new zoning classification. Half of the right-of-way of any local or collector street adjacent to the rezoned property shall be included in the calculation of the arterial street platting fee.

(f) The arterial street platting fee for property platted and replatted after January 1, 2009 shall be as follows:

The number of acres in local and collector street right-of-way shall be included in the arterial street platting fee calculation according to the adjacent zoning classifications. Where opposite sides of the road are of different zoning classifications, half of the right-of-way shall be allocated to each zoning classification. For sub-areas zoned with multiple zoning classifications, the higher trip generating zoning classification shall govern for the entire sub-area for purposes of calculating the arterial street platting fee.

(g) The amount to be paid shall be determined by multiplying the arterial street platting fee per acre by the relevant number of acres contained within the plat or replat including local and collector street right-of-way, less the following:

(1) land dedicated or to be dedicated to the city for right-of-way for an arterial street; and

(h) The value of contributions made by the feepayer toward the cost of expanding the arterial street system shall be subtracted from the amount of arterial street platting fees otherwise due for the property. The value of the contribution shall be determined by the city engineer, based on information submitted by the feepayer and shall be in compliance with applicable law. No credit will be given for the value of land dedicated or to be dedicated to the city for right-of-way or areas zoned RC. No credit will be given for facilities to the extent they exceed city requirements. Credit for the contributions not claimed prior to payment of the arterial street platting fee shall be waived.

(i) Arterial street platting fee revenues shall be deposited into an interest-bearing account and segregated from other funds of the city. The revenues collected and interest earned shall be used solely for expanding the arterial street system.

(j) Arterial street platting fee revenues not spent within seven years of the date it was paid shall be refunded, along with interest earned, to the feepayer. The city shall keep a record of each fee paid, including the date, amount, and name and address of the feepayer. The fee revenue will be deemed to be spent in the order in which it was received. If the city determines a refund is due, it shall make a good-faith effort to contact the feepayer to whom the refund is owed. If the feepayer to whom the refund is owed cannot be located within one year after the refund is determined to be due, the refund shall be governed in accordance with SDCL 43-41B.

(k) Each year the city's engineering department shall update the arterial street platting fee formula using a three-year annual weighted average of city bid prices adjusted to the current year using the Engineering News-Record Construction Cost Index in order to determine if an amendment to the arterial street platting fee as set forth in this section is justified. If an amendment is necessary, such information shall be provided to the City Council together with a proposed ordinance amendment.

(l) A person harmed by an administrative decision of the city under this article may appeal the decision through the procedures provided in Article VI of Chapter 2 of the Code of Ordinances, as such article may be amended from time to time, except as modified below.

(1) The appeal shall be heard in a closed hearing by a hearing examiner with substantial experience in land development, whose cost shall be split equally between the city and the appellant.

(2) The hearing examiner may amend, remand or reverse the decision of the city only if clear error is found in:

a. The determination of the number of acres subject to the arterial street platting fee;

b. The determination of the applicable zoning classification for determination of the arterial street platting fee;

e. Determining or applying any other objective fact on which the decision was based.

(3) If the hearing examiner finds an error and has adequate facts to correct the error (such as correcting the number of acres used in the computation or correcting a mathematical error), the hearing examiner shall amend the decision accordingly and the decision shall then stand. Otherwise, the hearing examiner shall reverse the decision or remand it with instructions for correcting the error(s) found.

(4) The provision for appeals under this article is not intended to serve as a provision for variances or waivers; issues of hardship or other factors that might be considered in granting a zoning variance shall not be considered by the hearing examiner in reaching a decision.

(5) Unless the hearing examiner finds clear error, the hearing officer shall affirm the original administrative decision.

(6) The decision of the hearing examiner may be subject to judicial review as provided by law.

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Chapter 38 STREETS AND SIDEWALKS*