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A REVISION OF THE ORDINANCES FOR THE CITY OF MARION, SOUTH DAKOTA 2002
Compiled by the City Council Assistance provided by the South Eastern Council of Governments
ORDINANCE NO. 164
An Ordinance in Revision of the Ordinances of the City of Marion, South Dakota.
BE IT ORDAINED BY THE CITY OF MARION, SOUTH DAKOTA: That this Ordinance in Revision of the Ordinances of the City of Marion, South Dakota, is Hereby Read, Approved and Adopted as Follows:
First Reading: August 21, 2002
Second Reading: September 12, 2002 Approved and Adopted: September 12, 2002 Notice of Adoption Published: September 19, 2002 Effective: October 9, 2002
NOTICE OF ADOPTION OF AN ORDINANCE IN REVISION OF THE ORDINANCES OF THE CITY OF MARION, SOUTH DAKOTA
NOTICE IS HEREBY GIVEN That Ordinance No. 164 being an Ordinance in Revision of the Ordinances of the City of Marion, South Dakota, was duly adopted by the City Council of the City of Marion on the 12th day of September, 2002, and that such Ordinance in Revision shall be effective on October 9, 2002.
AN ORDINANCE IN REVISION OF CERTAIN ORDINANCES OF THE CITY OF MARION, SOUTH DAKOTA
This Ordinance, an ordinance in revision of the ordinances of the City of Marion, is a revision of the ordinances of the City heretofore adopted, except the zoning and subdivision ordinance, special ordinances, appropriation ordinances, levying ordinances for the issuance of bonds, and other special ordinances of like character.
Such ordinances not included within the revision and still having force and effect may be found in the original book of ordinances in the office of the City Finance Officer.
Disclaimer: The Marion City Ordinances on-line is an attempt to make the City Ordinances more accessible to the public. The reader of these Ordinances should be aware that the official Ordinances are on file with the City Finance Officer. While every effort is made to update the Ordinances on this site to reflect amendments to the Ordinances, there is always a possibility that an Ordinance may have been amended and that the on-line version of a particular Ordinance is no longer the version of an Ordinance in effect. Therefore, the reader of these Ordinances should proceed with caution, and should be aware that the official Ordinances are the ones on file with the City Finance Officer. If there is any question as to the validity of an Ordinance, please check with the City Finance Officer for a copy of the official version.
TABLE OF CONTENTS
TITLE 1. ADMINISTRATIVE CODE Chapter 1.01 – Officers Chapter 1.02 - Fire Department
TITLE 2. BOUNDARIES, WARDS AND VOTING PRECINCTS Chapter 2.01 - Boundaries Chapter 2.02 - Wards and Voting Precincts
TITLE 3. MUNICIPAL TAXES Chapter 3.01 - Sales Tax Chapter 3.02 - Second Cent Sales Tax
TITLE 4. PLANNING AND ZONING REGULATIONS Chapter 4.01 - Establishing Planning Commission Chapter 4.02 - Zoning Regulations (See Marion Zoning Regulations) Chapter 4.03 - Subdivision Regulations (See Marion Zoning Regulations)
TITLE 5. LICENSES Chapter 5.01 - Alcoholic Beverages Chapter 5.02 - Peddlers and Transient Merchants Chapter 5.03 - Public Amusements
TITLE 6. SOLID WASTE Chapter 6.01 - Solid Waste Chapter 6.02 - Collection of Garbage
TITLE 7. TRAFFIC Chapter 7.01 - General Provisions Chapter 7.02 - Operation of Vehicles Chapter 7.03 - Speed Restrictions Chapter 7.04 – Parking
TITLE 8. UTILITY FRANCHISE Chapter 8.01 - Cable Television Chapter 8.02 - Gas
TITLE 9. OFFENSES Chapter 9.01 - Offenses Against Public Welfare Chapter 9.02 - Minors Chapter 9.03 - Animals Chapter 9.04 - Fireworks
TITLE 10. STREETS, SIDEWALKS AND PUBLIC PLACES Chapter 10.01 - General Provisions Chapter 10.02 - Curb Lines and Grades Chapter 10.03 - Excavations Chapter 10.04 - Sidewalks Chapter 10.05 - City Parks Chapter 10.06 - Snow Removal
TITLE 11. SEWER Chapter 11.01 - Use of Municipal Sewers Chapter 11.02 - User Charge System
TITLE 12. WATER Chapter 12.01 - Water Works
TITLE 13. BUILDING REGULATIONS Chapter 13.01 - Moving Buildings Chapter 13.02 - City Auditorium
TITLE 14. NUISANCES Chapter 14.01 - Prohibited and Defined Chapter 14.02 - Notice to Abate Chapter 14.03 - Abandoned Vehicles Chapter 14.04 - Dilapidated Buildings Chapter 14.05 - Violation Declared Public Nuisance Chapter 14.06 - Penalty for Violation
TITLE 15. GENERAL PROVISIONS AND PENALTY Chapter 15.01 –Repealing Clause, Legislative Effect
TITLE 1 - ADMINISTRATIVE CODE
Chapter 1.01 - Officers Chapter 1.02 - Fire Department
CHAPTER 1.01 - OFFICERS
1.0101 Form of Government. The City shall be governed by a common council, consisting of a Mayor elected at large and two aldermen elected from each ward who shall hold office for a term of two (2) years or until their successors are elected and have qualified; except that the term of one alderman in each ward shall expire each year.
1.0102 Appointive Officers. The Mayor shall, annually, with the approval of the Council, appoint the following officers, who shall serve for one year or until their successors are appointed and qualified: City Finance Officer, City Attorney, Chief of Police and all necessary policemen, City Health Officer, and such other or further officers as may be provided for by city ordinance or state law.
1.0103 Qualifications, Salaries, and Bonds. The manner of qualifications of all city officers shall be as provided for by state law and the ordinances of the city. The annual salaries of all officers and bonds of all appointive officers shall be set annually by the City Council.
1.0104 Duties of Officers. The duties of the various appointive and elective officers of the City of Marion shall be such as are ordinarily undertaken by said officers and as provided for by the laws of the State of South Dakota and the Ordinances of the City of Marion. Such officers shall do and perform and shall have such powers and duties as may be assigned to them by the governing body or other body or person authorized to prescribe such duties.
1.0105 Meetings of the City Council. The regular meetings of the City Council shall be held on the first Monday of each calendar month, beginning at the hour of 7:30 p.m., at City Hall, or such other meeting place as the council may designate, and the same may be adjourned from time to time by a majority of the members present.
Special meetings of the City Council may be called any time by the Mayor or any three members of the City Council, upon written or personal notice to each alderman of the time, place and purpose of such meeting.
1.0106 Standing Committees. The two aldermen from each ward shall, with the Mayor, constitute a standing committee for such ward to act in all cases of claims, sidewalks, streets, alleys, fire department, lights, water, sewage and taxation matters. Special committees may be named at any time by the Mayor.
1.0107 Health Officer. The City Health Officer shall have charge and supervision of the sanitary and health conditions of the City and shall make such rules and regulations as may be proper and necessary to preserve the health of the inhabitants of the City, which such rules shall be first submitted to and approved by the City Council before becoming effective. He shall also co-operate with the County and State Boards of Health. He shall at all times have the assistance of the police department of the City.
1.0108 Street Superintendent. In addition to all other officers of the City of Marion, the Mayor shall, with the approval of the City Council, at the first regular meeting in May of each year, appoint a City Superintendent for said City who shall serve at the pleasure of the Mayor and Council.
It shall be the duty of the City Superintendent to superintend the general construction and maintenance of the streets, avenues, alleys, highways, public grounds and the Hieb Memorial Park in said City of Marion. He shall enforce any and all ordinances of the City pertaining to the removal of snow, ice, rubbish and obstructions from the sidewalks, the cutting of all noxious weeds along the streets and highways, and to perform all other duties imposed by the Mayor and City Council.
He shall also serve as the building inspector when requested to do so by the City Council.
The City Superintendent shall receive such salary as shall be fixed by the Council at the time of his appointment and the office may be combined with any other city office as the Mayor and City Council may order.
CHAPTER 1.02 - FIRE DEPARTMENT
1.0201 Interference. Any person who shall, in case of fire or other emergency, such as conflagrations, storms, earthquakes or other calamities, fail or refuse to render any service or assistance at the lawful direction of the fire chief or any of his assistants; or who shall willfully or maliciously obstruct or hinder any firemen in the performance of their duties; or who shall in any manner injure, deface, tamper or interfere with any of the fire fighting equipment or apparatus; or who shall turn in a false alarm; or shall in any other manner interfere with the fire department or its equipment shall be deemed guilty of a Class 2 misdemeanor.
1.0202 Frame Buildings Prohibited - District Defined. It shall be unlawful for any person or persons, firm or corporation, hereafter to build, erect or construct, or cause to be built, erected or constructed, upon any lot or any part of a lot, lots or parcels of ground, abutting upon Broadway Street, from its intersec-tion with Florida Avenue to the south line of the right-of-way limits of the Railroad any building that is not fire proof and without first obtaining a written permit from the City Council. The City Council may, in its discretion, allow a building to be constructed on Broadway Street if it is reasonably satisfied that the proposed structure will not be a fire hazard even though it does not comply with Section 1.0203.
1.0203 Fire Proof Buildings Defined. A fire proof building within the meaning of this chapter shall be one whose outer walls are wholly made of stone, brick or cement, and having a roof of slate, tin, copper, iron or other fire proof material.
1.0204 Rebuilding Prohibited. It shall be unlawful for any person or persons, firm or corporation, hereafter to rebuild or cause to be rebuilt any structure on any lot, lots or parcels of ground, within the limits prescribed in section (a) hereof, other than a fire proof building as defined in section (b) hereof, in the event that any such building has been, or shall hereafter be, damaged to the extent of fifty per cent or more of its value at the time of such destruction, said value, to be computed from its last assessment as shown on the books of the Director of Equalization of Turner County.
1.0205 Repairing, Enlarging or Moving. It shall be unlawful for any person or persons, firm or corporation to change, alter, repair, raise, add to, or move any frame buildings or any part thereof into or within the fire limits described herein or to cause such changing, altering, repairing, raising, adding to or moving into or within from any place to any other place of any such frame building within said fire limits, unless a written permit is first secured from the City Finance Officer on application to and approval of same by the City Council.
1.0206 Number of Volunteers. There is hereby established a Fire Department of the City of Marion and the Marion Volunteer Fire Department heretofore organized and existing is hereby recognized as such. The fire department shall consist of one company of not to exceed thirty (30) members. The fire department may adopt such constitution, by-laws and regulations for its government, not inconsistent with the provisions of this chapter, as it may deem necessary and proper. It may also elect such officers as its constitution may require. The purpose of the fire department shall be to extinguish fires and to protect the lives and property of the inhabitants of the city.
The members of the fire department of the City of Marion (except the Chief) shall serve without pay; provided that the City Council may allow such members reasonable compensation in case of actual service at fires or other emergency.
1.0207 Selection of Fire Chief. The Mayor of the City shall annually, at the first meeting of the Council following the annual city election, with the approval of the Council, appoint a Chief of the Fire Department, who shall be deemed an officer of the City and clothed with police power while on duty at fires or other emergencies and who shall hold said office at the pleasure of the Mayor and City Council.
The Chief of the Fire Department in all cases of fire shall have sole and absolute control over all members of the fire department. He shall attend every fire within the limits of the City and cause all of the City’s fire fighting equipment and apparatus to be placed properly and worked in the most effective manner for the extinguishment of fire. He shall at all times have control of all of the fire fighting equipment and machinery. He shall carefully examine and inspect all hydrants at least every three months and report to the council any needed repairs or replacement. He shall also report to the council once a year all fires in the City and furnish the Council with a certified list of all members of the fire department in good standing.
1.0208 Penalty. Any person violating any of the provisions of this Chapter shall be guilty of a Class 2 misdemeanor.
TITLE 2 - BOUNDARIES, WARDS AND VOTING PRECINCTS
Chapter 2.01 - Boundaries Chapter 2.02 - Wards and Voting Precincts
CHAPTER 2.01 - BOUNDARIES
2.0101 Name. “The City of Marion” is a municipal corporation organized and existing under the general laws of the State of South Dakota, and is situated in the County of Turner of said State.
2.0102 Territory. The City of Marion is situated upon and compromises the following territory, to-wit: the west half of section 5 and the east half of section 6 (except outlots 59 and 60 thereof), township 99 north, of range 54 west, of the 5th prime meridian, in Turner County, South Dakota.
2.0103 Classification. It is a municipal classification of the second class, denominated a City, and shall continue as such until changed by operation of law.
2.0104 Corporate Seal. It shall have a corporate seal, circular in form, reading as follows: “City of Marion, Marion, Turner County, South Dakota. Seal.” The same shall be in the custody of the finance officer of said City of Marion.
CHAPTER 2.02 - WARDS AND VOTING PRECINCTS
2.0201 Voting Wards Established. The City of Marion is hereby divided into wards, as follows:
A. Ward 1 shall consist of that portion of the City north and east of the following line:
Beginning at Broadway Avenue along the southern edge of the municipal boundary proceeding north on Broadway Avenue to the intersection of Broadway Avenue and First Avenue and the railroad right of way and proceeding east along the railroad right of way to the municipal boundary.
B. Ward 2 shall consist of that portion of the City west of the following line:
Beginning at Broadway Avenue at the southern edge of the municipal boundary proceeding north on Broadway Avenue to First Street and then proceeding east on First Street to Main Avenue and then proceeding north to State Street and then proceeding west on State Street to the Broadway Avenue and then north to the municipal boundary.
C. Ward 3 shall consist of that portion of the City enclosed by the following line:
Beginning at Broadway Avenue at the northern municipal boundary then proceeding south on Broadway Avenue to State Street, then proceeding east on State Street to Main Avenue and then proceeding south on main Avenue to the railroad right of way, then proceeding east and south on the railroad right of way to the eastern municipal boundary.
TITLE 3 - MUNICIPAL TAXES
Chapter 3.01 - Sales Tax Chapter 3.02 - Second Cent Sales Tax
CHAPTER 3.01 - SALES TAX
3.0101 Purpose. The purpose of this chapter is to provide additional needed revenue for the City of Marion, Turner County, South Dakota, by imposing a municipal retail sales and use tax pursuant to the powers granted to the municipality by the State of South Dakota, by SDCL 10-52 entitled Uniform Municipal Non-Ad Valorem Tax Law, and acts amendatory thereto.
3.0102 Effective Date. From and after the last day of July, 1980, there is hereby imposed as a municipal retail occupational sales and service tax upon the privilege of engaging in business a tax on one percent (1%) on the gross receipts of all persons engaged in business within the jurisdiction of the City of Marion, Turner Count, South Dakota, who are subject to the South Dakota Retail Occupational Sales and Service Tax, SDCL 10-45 and acts amendatory thereto.
3.0103 Collection. Such tax is levied pursuant to authorization granted by SDCL 10-52 and acts amendatory thereto, and shall be collected by the South Dakota Department of Revenue in accordance with the same rules and regulations applicable to the State Sales Tax and under such additional rules and regulations as the Secretary of Revenue of the State of South Dakota shall lawfully prescribe.
3.0104 Exemptions from Taxation. In addition to gross receipts exempted by state law and therefor from tax imposed hereunder, there are hereby specifically exempted from the provisions of this chapter and from computation of the amount of tax imposed by it, the following:
A. Farm machinery and irrigation equipment used exclusively for agriculture purposes.
B. Gross receipts from vending machines, including but not limited to pinball machines, phonographs and all other mechanical devices for amusement.
C. Sales of tangible personal property and taxable services to purchasers residing or doing business outside the city provided that delivery is made to such purchaser outside the city by common carrier or by the conveyance of the seller or by the United States Mail, and provided that the articles so purchased and delivered are used outside the city.
D. Sales of tangible personal property to a construction company for use of its business operations outside the city even if delivery is made to a truck of the construction company within the city.
3.0105 Use Tax. In addition there is hereby imposed an excise tax on the privilege of the use, storage and consumption within the jurisdiction of the city of tangible personal property purchased from and after the last day of July, 1980, at the same rate as the municipal sales and service tax upon all transactions or use, storage and consumption which are subject to the South Dakota Use Tax Act, SDCL 10-46, and acts amendatory thereto.
3.0106 Interpretation. It is declared to be the intention of this chapter and the taxes levied hereunder that the same shall be interpreted and construed in the same manner as all sections of the South Dakota Retail Occupational Sales and Service Act, SDCL 10-45 and acts amendatory thereto and the South Dakota Use Tax, SDCL 10-46 and acts amendatory thereto, and that this shall be considered a similar tax except for the rate thereof to that tax.
3.0107 Penalty. Any person failing or refusing to make reports on payments prescribed by this ordinance and the rules and regulations relating to the ascertainment and collection of the tax herein levied shall be guilty of a misdemeanor and upon conviction shall be fined not more than One Hundred and No/100 Dollars ($100.00) or imprisoned in jail for thirty (30) days or both such fine and imprisonment. In addition, all such collection remedies authorized by SDCL 10-45, and acts amendatory thereto, and SDCL 10-46, and acts amendatory thereto are hereby authorized for the collection of these excise taxes by the Department of Revenue.
3.0108 Separability. If any provision of this chapter is declared unconstitutional or the application thereof to any person or circumstances held invalid the constitutionality of the remainder of the chapter and applicability thereof to other persons or circumstances shall not be affected thereby.
CHAPTER 3.02 - SECOND CENT SALES TAX
3.0201 Purpose. The purpose of this ordinance is to provide additional revenue for the City of Marion by imposing a municipal retail sales and use tax pursuant to SDCL 10-52, and acts amendatory thereto.
3.0202 Effective Date and Enactment of Tax. From and after January 1, 1999, there is hereby imposed as a municipal retail occupational sales and service tax upon the privilege of engaging in business, in addition to the One Percent (1%) already imposed, a tax measured by One Percent (1%) on the gross receipts of all persons engaged in business within the jurisdiction of the City of Marion, who are subject to the S.D. Retail Occupational Sales and Service Tax, SDCL 10-45 and acts amendatory thereto. Tax will not be applied to items specifically exempt under SDCL 10-52-11, SDCL 10-52-12 and SDCL 10-52-2.6. Items exempt from city tax include: farm machinery and irrigation equipment, parts and repairs for farm machinery, agricultural animal health products and medicines, intrastate trucking and garbage hauling (Industries 4212 and 4214 of the Standard Industrial Classification Manual), transportation services, collection and disposal of solid waste, veterinarian and animal specialty services, and air transportation.
3.0203 Special Tax Rate. Notwithstanding the rate of tax established in Section 2, the rate of tax upon sales of food as defined by the Food Stamp Act of 1977 as amended through January 1, 1983, in One Percent (1%).
3.0204 Exemptions. There are hereby exempt from the tax imposed by this ordinance gross receipts from sales of construction materials delivered to a truck of a construction company for use outside municipal limits.
3.0205 Use Tax. In addition there is hereby imposed an excise tax on the privilege of use, storage and consumption within the jurisdiction of the city of tangible personal property or services purchased from and after January 1, 1999, at the same rate as the municipal sales and service tax upon all transactions or use, storage and consumption which are subject to the S.D. Use Tax Act, SDCL 10-46 and acts amendatory thereto.
3.0206 Collection. Such tax is levied pursuant to SDCL 10-52 and acts amendatory thereto, and shall be collected by the S.D. Department of Revenue in accordance with rules and regulations applicable to the State Sales Tax and such additional rules and regulations as the S.D. Secretary of Revenue shall lawfully prescribe.
3.0207 Interpretation. It is the intention of this ordinance and the taxes levied hereunder that the same shall be interpreted and construed in the same manner as all sections of the S.D. Retail Occupational Sales and Service Act, SDCL 10-45 and acts amendatory thereto and the S.D. Use Tax, SDCL 10-46 and act amendatory thereto, and that this shall be considered a similar tax except for the rate thereof to that tax.
3.0208 Use of Revenue. Any revenue received under Section 2 of this ordinance may be used only for capital improvement, land acquisition, the funding of public ambulances and medical emergency response vehicles, public hospitals or nonprofit hospitals with fifty or fewer licensed beds, the transfer to the special 911 fund authorized by 34-45-12, the purchase of fire fighting vehicles and equipment, debt retirement, and the minor or major rehabilitation, or reconstruction of streets as defined in the June, 1994, South Dakota Department of Transportation Pavement Condition Survey Guide for City Streets. These expenditures may be financed through a sale-leaseback agreement.
3.0209 Penalty. Any person failing or refusing to make reports or payments prescribed by this ordinance and the rules and regulations relating to the ascertainment and collection of the tax herein levied shall be guilty of a misdemeanor and upon conviction shall be fined not more than $200 or imprisoned not more than thirty (30) days or both such fine and imprisonment. In addition, all such collection remedies authorized by SDCL 10-45, and acts amendatory thereto, and SDCL 10-46, and acts amendatory thereto, are hereby authorized for the collection of these excise taxes by the Department of Revenue.
3.0210 Separability. If any provision of this ordinance is declared unconstitutional or the application thereof to any person or circumstances held invalid, the constitutionality of the remainder of the ordinance and applicability thereof to other persons or circumstances shall not be affected thereby.
TITLE 4 - PLANNING AND ZONING REGULATIONS
Chapter 4.01 – Establishing Planning CommissionChapter 4.02 – Zoning Regulations (See Attachment 1 – Marion Zoning Regulations) Chapter 4.03 – Subdivision Regulations (See Attachment 2 – Marion Zoning Regulations)
CHAPTER 4.01 - ESTABLISHING PLANNING COMMISSION
4.0101 Definitions.
A. City or Municipality. Relates to the City of Marion.
B. City Council or Board. Chief Legislative body or governing body of the municipality.
C. Planning Commission. Body created under the terms of this ordinance.
4.0102 Creation of Marion Planning Commission. The Marion Planning Commission is hereby created for the City of Marion, South Dakota.
4.0103 Number, Appointment, and Tenure of Planning Commission Members. The Marion Planning Commission created under the terms of SDCL 11-6 shall consist of not less than five (5) members appointed by the council or governing body of such municipality. The term of each of the appointed members shall be for five years except that when the planning commission is first appointed, approximately one-half of the members shall be appointed for three years and the balance of the members shall be appointed for five years. Thereafter, appointments of each member shall be for terms of five years so that there will be an overlapping of tenures.
4.0104 Powers and Duties of Commission. The Marion Planning Commission, its members and employees, shall have all such powers as may be necessary to enable it to fulfill and perform its functions, promote planning or carry out all the purposes and powers enumerated in SDCL 11-4 and 11-6 and acts amendatory thereof.
4.0105 Preparation of Comprehensive Plan. The Planning Commission of Marion shall propose a plan for the physical development of Marion pursuant to the terms of SDCL 11-4 and 11-6.
CHAPTER 4.02 - ZONING REGULATIONS
(See Attachment 1 – Marion Zoning Regulations)
CHAPTER 4.03 - SUBDIVISION REGULATIONS
(See Attachment 2 – Marion Zoning Regulations)
TITLE 5 - LICENSES
Chapter 5.01 - Alcoholic Beverages Chapter 5.02 - Peddlers and Transient Merchants Chapter 5.03 - Public Amusements
CHAPTER 5.01 - ALCOHOLIC BEVERAGES
5.0101 License Required. No person shall sell, exchange, barter, distribute or keep for sale any intoxicating liquor as defined by the laws of the State of South Dakota, without having first obtained a license therefore, pursuant to the provisions and requirements of the laws of the State of South Dakota.
5.0102 Location. The governing body of the City of Marion shall not approve any applications for sale of intoxicating liquor within said city except in places facing Broadway Street that have been zoned commercial, with the exception of temporary licenses as provided in Section 5.0103.
5.0103 Temporary License.
Temporary licenses for the sale and consumption of alcoholic beverages may be granted by the City Council pursuant to the provisions of State law.
5.0104 Health, Safety, and Conduct. Every dealer in intoxicating liquors in the City of Marion shall keep his place of business clean, shall provide adequate toilet facilities and running water with sewer connection. He shall also keep the back and back yard of his place of business clean and any and all accumulations of broken bottles or equipment shall be promptly removed. No violence, unwholesome noise, or any kind of improper conduct shall be permitted.
5.0105 Possession of an Unsealed Package in Vehicle. It is a Class 2 misdemeanor for any person to have a package or any receptacle containing an alcoholic beverage in his possession in a motor vehicle unless the seal of the original package remains unbroken or the alcoholic beverage is so removed that no occupant of the motor vehicle shall have access to it while the vehicle is in motion.
5.0106 Hours of Sale, On-Sale. No on-sale licensee shall sell, serve, or allow to be consumed on the premises covered by the license, alcoholic beverages between the hours of 2:00 a.m. and 7:00 a.m. or on Sunday after 2:00 a.m., or on Memorial Day after 1:00 a.m., or at any time on Christmas Day.
5.0107 Hours of Sale, Off-Sale. No off-sale licensee shall sell, or allow to be sold alcoholic beverages between the hours of 12:00 p.m. and 7:00 a.m. of the following day, or on Sunday, Memorial Day or Christmas Day.
Establishments that have been granted an off-sale liquor license in the City of Marion, South Dakota to sell off-sale liquor on Sundays during the hours established by state statute provided such licensee is granted a Sunday off-sale liquor license and pays the additional maximum license fee as established by state statute for this Sunday license.
No “off sale” dealer in intoxicating liquor in the City of Marion shall permit the opening of package liquor and the drinking thereof in his place of business under any conditions.
5.0108 Sale. No dealer in intoxicating liquor shall sell such intoxicants to any minor or any one in the City of Marion who is known to be a drunkard or excessive drinker, and in no case to anyone he is requested not to sell to by any member of such excessive drinker’s family.
5.0109 Penalty. Any dealer in intoxicating liquor, or any of his agents, or employees violating any of the provisions of this section shall be guilty of a Class 2 misdemeanor.
CHAPTER 5.02 - PEDDLERS AND TRANSIENT MERCHANTS
5.0201 Peddler. Any person, firm or corporation, or any of its officers, agents or employees, who engage in the selling of personal property by going about from place to place or house to house to sell the same and carrying such property with them for delivery at time of sale.
5.0202 Transient Merchant. Any person, firm or corporation, or partnership, or association or the agents or employees of any of them, transacting a temporary business where goods are exposed for wholesale or retail sale at a place within the City of Marion, or from any railroad car, motor or other vehicle, or at public auction. Provided, that a business operated more than six months within said City shall be deemed a permanent business, and providing further that this chapter shall not apply to buying and selling of goods where the proceeds are to be used exclusively for religious, charitable, benevolent or educational purposes, or by the City for the benefit of the public.
5.0203 License Required. No person shall deal as a peddler or as a transient merchant in the City of Marion, as defined in the two preceding sections, without first taking out a license for that purpose, by applying to the City Finance Officer or the City Mayor, and paying therefore the following license fee: Peddler’s license, Five and No/100 Dollars ($5.00) per day; Transient merchant license, Ten and No/100 Dollars ($10.00) per day.
5.0204 Soliciting and Vending by Itinerants. The practice of going in and upon private residences and premises in the City of Marion by solicitors, peddlers, hawkers, itinerant merchants and transient vendors of merchandise, not having been requested to do so by the owner or owners, occupant or occupants of said private residences, for the purpose of soliciting orders for sale of goods, wares and merchandise, and/or for the purpose of disposing of and peddling or hawking the same, is hereby declared to be a nuisance and punishable as provided for in the next section.
5.0205 Penalty. Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction, be guilty of a Class 2 misdemeanor.
CHAPTER 5.03 - PUBLIC AMUSEMENTS
5.0301 Circuses and Carnivals. Any person, firm or corporation, who shall give exhibitions in the City of Marion of any circus or menagerie, or both combined, any wild west show, trained animal show, carnival or other exhibition given under canvas, where but one admission is charged, shall pay to the City Finance Officer a license fee of Five and No/100 Dollars ($5.00) per day. All shows, entertainments, exhibitions or performances given under canvas and not otherwise specified shall pay to the City Finance Officer a license fee of Five and No/100 Dollars ($5.00) per day; provided, that no license shall be required for any entertainment given for charity or for the public benefit, or when sponsored by some local organization for charity or public benefit.
5.0302 Penalty. Any person who shall violate any of the provisions of this chapter shall upon conviction thereof be deemed guilty of a Class 2 misdemeanor.
TITLE 6 - SOLID WASTE
Chapter 6.01 - Solid Waste Chapter 6.02 - Collection of Garbage
CHAPTER 6.01 - SOLID WASTE
6.0101 Rubble Site.
A. The rubble site will be operated according to a schedule adopted by the Marion City Council. This schedule may be seasonally adjusted from time to time by the Marion City Council.
B. Prohibited Items. The following items are prohibited from being deposited in the rubble site:
1. Regulated asbestos containing materials as defined in the National Emissions Standards for Hazardous Air Pollutants (NESHAP) 40 CFR part 61; 2. Petroleum products or petroleum contaminated soils; 3. Herbicide/pesticide containers; 4. Car batteries; 5. Ash; 6. Waste tires; 7. Putrescible wastes; 8. Yard wastes; 9. Hazardous or special wastes, as defined by ARSD 74:27:07:01; 10. Car bodies; 11. Garbage of any kind; 12. Decomposing corn, soybeans or other crops; 13. Chemical toxic waste; 14. Animal waste; 15. Woven or barbed wire; and 16. Any other items prohibited by the EPA statute.
C. Permitted items. The following items are permitted to be deposited in the rubble site:
1. Rubble; 2. Trees and brush; 3. Construction/demolition debris; and 4. Wood products.
D. White goods and yard waste may be stored in a separate area for periodic removal.
E. Rate Schedule. The rate schedule will be reviewed and established annually by Motion of the City Council, and is on file in the Municipal Finance Office. These rates will be adjusted periodically to assure this facility is as nearly self sufficient as possible.
* Cars * Car with trailer * Pick up * Small Truck - up to 1 ton * Straight Truck * Semi Truck * Monthly
F. The rubble site shall be operated under the terms and conditions of the permits issued by the Board of Minerals and Environment, Department of Environment and Natural Resources.
G. Penalty. Any person, or person, violating the provisions of this ordinance, will be guilty of a Class II misdemeanor, and upon conviction shall be subject to a fine of not more than One Hundred and No/100 Dollars ($100.00), or imprisonment in the County Jail not longer than thirty (30) days, or shall receive both such fine and imprisonment.
6.0102 Purpose. The purpose of this section is to ensure the removal of garbage, rubble, commercial solid waste, bulky items, household waste and white goods on a regular basis from the City of Marion.
6.0103 Definitions. The definitions of any terms used herein are in accordance with SDCL Chapter 34A-6, SDCL 34A-11 or any administrative rules and regulations adopted in accordance with the above named chapters or as defined by the City of Marion, South Dakota.
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