L-3 NUISANCES OR HAZARDOUS CONDITIONS
The purpose of this chapter shall be to define what constitutes a nuisance or a hazardous condition to aid in the promotion of health, safety, morals, and general welfare of the community of the City of Fort Pierre.
Authority: SDCL 9-29-1, 9-29-13
A. “City” shall mean the City of Fort Pierre, South Dakota
B. “Motor vehicle” shall mean any vehicle that is self propelled and designed to travel along the ground and shall include, but not be limited to automobiles, buses, motorbikes, motorscooters, motorcycles, trucks, tractors, go-carts, golf-carts, campers, and trailers.
C. “Junked motor vehicle” shall mean any motor vehicle that does not have lawfully affixed thereto an unexpired license plate or a current registration.
D. “Abandoned motor vehicle” shall mean any motor vehicle that is left unattended on any public street, alley, public place, or parking lot within the City for a period longer than twenty-four (24) hours without notifying the chief law enforcement officer and making arrangements for the parking of such motor vehicle.
E. “Wrecked motor vehicle” shall mean any motor vehicle that has been rendered unsightly or hazardous by collision, fire, or mechanical compression.
F. “Dismantled motor vehicle” shall mean any motor vehicle from which principal parts or components have been removed, rendering the unit unable to move in a safe manner under its own power.
G. “Inoperative motor vehicle” shall mean any motor vehicle in which the primary power plant or motive force is non-functional.
H. “Person” shall mean any person, firm, partnership, association, corporation, company, or organization of any kind.
I. “Private property” shall mean any real property within the City which is privately owned and which is not public property as defined in this section.
J. “Public property” shall mean any street, alley, or highway, which shall include the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel, and shall also mean any other publicly owned property or facility.
Authority: SDCL 9-29-13, 32-30-12 through 32-30-18, inclusive, 32-32-2
The presence of an abandoned, wrecked, dismantled, inoperative, junked, or partially dismantled motor vehicle or parts thereof, on private or public property is hereby declared a public nuisance. This section shall not apply to any motor vehicle enclosed within a building on private property or to any motor vehicle held in connection with a business enterprise and properly operated in the appropriate business zone, pursuant to the zoning law of the City, or to any motor vehicle in operable condition specifically adapted or designed for operation on drag strips, or raceways and covered with an appropriate cover to screen it from view, or to any motor vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the City or authorized by the City.
Source:
Authority: SDCL 9-29-13, 9-32-1
No person shall park, store, leave, or permit the parking, storing, or leaving of any abandoned, wrecked, dismantled, inoperative, junked, or partially dismantled motor vehicle of any kind, whether attended or not, upon any public property within the City limits.
Authority: SDCL 9-29-13, 9-32-1, 32-30-12.1
Whenever the Director of Public Works or his designee finds an abandoned motor vehicle or an unattended motor vehicle which is in a wrecked, dismantled, inoperative, junked, or partially dismantled condition on public property within the City, he is hereby authorized to provide for the immediate removal of such motor vehicle to a garage or place of safety. A motor vehicle that causes an obstruction and hazard to traffic may be removed at any time under the direction of the local law enforcement agency.
Authority: SDCL 9-29-13, 32-30-12.1, 32-30-13
It shall be the duty of the Director of Public Works or his designee to notify, by registered mail, or hand deliver a written notice to the registered owner, if known, and if encumbered, to the lien holder, of the removal and storage of any vehicle under the provisions of this ordinance and where such motor vehicle has been stored. If the owner is unknown, a notice of removal and storage shall be given by one publication in newspaper of general circulation in the county.
Authority: SDCL 9-29-13, 32-30-15, 32-36-8
If after thirty (30) days from the date of mailing or publishing the notice of removal and storage provided for by this chapter, the motor vehicle shall remain unclaimed, such motor vehicle may be sold by the local law enforcement agency at a public auction upon notice to be published in a newspaper of general circulation in the county not less than once a week for two (2) consecutive weeks.
Source:
Authority: SDCL 9-29-13, 32-36-9, 32-36-11
The notice of sale provided for by this chapter shall contain a description of the removed and stored vehicle, including the year, make, model, serial number, color, license number, if any, a statement that the motor vehicle was found abandoned, the date thereof, and the place, and the date and time at which such motor vehicle shall be sold, which date shall not be sooner than one (1) week following the date of the last publication.
Authority: SDCL 9-29-13, 32-30-15, 32-36-8, 32-36-9, 32-36-11
The local law enforcement agency or City of Fort Pierre shall have a possessory lien upon any motor vehicle removed under the provisions of this ordinance for the costs in taking custody of and storing such motor vehicle.
Authority: SDCL 9-29-13, 32-30-18
L-3-10 SALE PROCEEDS
If, after thirty (30) days from the date of mailing or publishing the notice of removal and storage provided for by this chapter, the motor vehicle shall remain unclaimed, the City shall apply to the South Dakota Department of Revenue for a salvage title for any salvage or junk vehicle. If a vehicle is not a salvage or junk vehicle, the City shall apply for a certificate of title from the Department of Revenue. After the granting of such certificate, the title to such motor vehicle shall be vested in the City and such motor vehicle may be disposed of in any manner as may be provided by the City Council. The proceeds of any such disposal shall first be applied to the costs incurred in the enforcement of this chapter.
Authority: SDCL 9-29-13, 32-30-12.1, 32-30-15, 32-36-8, 32-36-9, 32-36-11
L-3-11 BALANCE OF SALE PROCEEDS – UNCLAIMED PROPERTY
If the balance of the proceeds of any such disposal is of greater than Fifty Dollars ($50), such balance shall be declared unclaimed property and turned over to the South Dakota State Treasurer as set forth in SDCL ch. 43-41B, Unclaimed Property.
Source:
Authority: SDCL 9-19-3, 43-41B-18
Cross Reference: SDCL 43-41B-18
It is unlawful for any person owning, in charge of, or in control of any real property within the City, whether as owner, tenant, occupant, lessee, or otherwise, to allow any abandoned, wrecked, dismantled, inoperative, junked, or partially dismantled motor vehicle of any kind to remain on such property longer than ninety-six (96) hours.
Source:
Authority: SDCL 9-29-2, 9-29-13
Whenever it comes to the attention of the local law enforcement agency that any person has an abandoned, wrecked, dismantled, inoperative, junked, or partially dismantled motor vehicle on his property, a notice in writing shall be served upon such person requesting the removal of such motor vehicle in the time specified in this chapter.
Source:
Authority: SDCL 9-29-1, 9-29-2, 9-29-13
Upon proper notice, the owner of the abandoned, wrecked, dismantled, inoperative, junked, or partially dismantled motor vehicle and the owner or occupant of the private property on which the same is located, either or all of them, shall be responsible for its removal.
Authority: SDCL 9-19-3, 9-29-13
The local law enforcement agency shall give notice of removal to the owner or occupant of the private property where the vehicle is located. It shall constitute sufficient notice when a copy of same is sent by registered mail or hand delivered by a member of the local law enforcement agency to the owner or occupant of the private property at his last known address. The notice shall contain the request for removal within seven (7) days after the mailing or delivering of such notice, and the notice shall advise that failure to comply with the notice to remove shall be violation of this ordinance.
Authority: SDCL 9-19-3, 9-29-13
It is unlawful for any owner or occupant of private property to have an uncovered motor vehicle in operable condition specifically adopted or designed for operation on drag strips or raceways or an uncovered vehicle retained on private property for antique collection purposes, all as defined by L-3-3 hereof.
Authority: SDCL 9-19-3, 9-29-13
Any person in violation of any section within this chapter shall be guilty of a misdemeanor and upon conviction shall be penalized as provided in chapter T. Each day’s violation, failure, refusal, or neglect to comply with any provision of this Chapter or regulation promulgated thereunder shall constitute a separate and distinct offense.
Source:
Authority: SDCL 9-19-3
If any provision of this chapter is declared unconstitutional or the application of this chapter to any person or circumstance is held invalid or unconstitutional, the remainder of this chapter and applicability thereof to other persons or circumstance shall not be affected thereby.
