M-2 OFFENSES AGAINST PROPERTY

M-2-1 TRESPASS

Any person who enters or remains upon the private property of another when there is reasonable cause to believe that the owner or tenant of the property would not or does not permit such entry or remaining on the premises, commits a trespass.

Source:

Authority: SDCL 9-19-3, 9-29-1, 22-35-6

M-2-2 THEFT

Any person, who acquires or keeps the personal property or chattel (having a value of one hundred dollars ($100) or less) of another person having the exclusive legal right to possess such property, when there is reasonable cause to believe that the person does not consent to such acquisition or retention, commits a theft.

Source:

Authority: SDCL 9-19-3, 9-29-1, 22-30A-17

M-2-3 INTENTIONAL DAMAGE TO PROPERTY

Any person who damages, destroys, or substantially alters the real or personal property of another, causing damage of One Hundred Dollars ($100) or less, without the explicit consent of the owner, is guilty of intentional damage to property in the third degree.

Source:

Authority: SDCL 9-19-3, 9-29-1, 22-34-1

M-2-4 DAMAGE TO PUBLIC PROPERTY

It is unlawful for persons to damage, remove, alter, deface, disable, or convert to private use or purpose, any property owned, leased or held by federal, state, county, or municipal government, unless authorized to do so by the appropriate government. Conduct prohibited by this chapter includes, but is not limited to:

A. Damage to, removal of, or impairment of publicly owned signs, signals, barricades, fences, street lights, or safety appliances of any type.

B. Writing upon, painting, or marking streets, sidewalks, walls, or public structures.

C. Cutting, removing, injuring, or defacing trees, ornamental shrubbery, or flowers located upon any public land, except in order to conform to a safety regulation.

D. Operating a motor vehicle upon or over public land which has been seeded or sodded, or upon which vegetation has been planted.

E. Operating or damaging any publicly owned vehicle, equipment, or tool.

Source:

Authority: SDCL 9-19-3, 9-29-1, 9-38-1, 22-34-1

M-2-5 OBSTRUCTION OF PUBLIC PROPERTY USE

It is unlawful for any person to obstruct, interfere with, or prevent the legitimate use by others of a public park, marina, or other public facilities within the City.

This section shall not apply when the person or group has obtained a permit from the City Council authorizing such activities, unless such permit is violated, has expired, or was fraudulently obtained.

Source:

Authority: SDCL 9-19-3, 9-29-1, 9-38-1

M-2-6 MISUSE OF PUBLIC PROPERTY

It is unlawful to enter upon or refuse to leave, any public property in violation of regulations promulgated by the official charged with the security, care, or maintenance of the property and approved by the governing body of the public agency owning property, which such regulations have been conspicuously posted or after such regulations are made known by the official charged with the security, care, or maintenance of the property, his agent or a local law enforcement officer.

Source:

Authority: SDCL 9-19-3, 9-29-1, 9-38-1

M-2-7 INTERFERENCE WITH UTILITY FIXTURES

It is unlawful to interfere with, injure, break or tamper with any electrical, telephone, cable television, alarm system or other utility pole, post, apparatus, line, or fixture.

Source:

Authority: SDCL 22-34-28, 49-34-20

Cross Reference: H-3-6, H-1-6, H-2-4

M-2-8 TAMPERING WITH MOTOR VEHICLE

It is unlawful to alter, damage, or put any portion or all of one’s anatomy on or into a motor vehicle without the express consent of the owner of such vehicle.

Source:

Authority: SDCL 9-19-3, 32-4-4

M-2-9 COMMISSION PROHIBITED

The commission of a trespass, theft, or intentional damage to property is prohibited.

Source:

Authority: SDCL 9-19-3

M-2-10 PENALTY

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.

Authority: SDCL 9-19-3

M-2-11 SEVERABILITY

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 circumstances shall not be affected thereby.