REVISED
MUNICIPAL ORDINANCES
CITY OF LENNOX, SOUTH DAKOTA
Ordinance #614
Effective Date: _December 9, 2020__
AN ORDINANCE IN REVISION OF THE MUNICIPAL ORDINANCES
OF THE CITY OF LENNOX, SOUTH DAKOTA
ORDINANCE # 614
AN ORDINANCE IN REVISION OF THE MUNICIPAL ORDINANCES OF THE CITY
OF LENNOX, SOUTH DAKOTA
BE IT ORDAINED BY THE CITY OF LENNOX, SOUTH DAKOTA:
Pursuant to SDCL 9-19-16, this Ordinance in Revision of the Municipal Ordinances of the
City, revising regulations as set forth in the document titled “Revised Municipal
Ordinances”, is hereby read, approved, and adopted as follows:
First Reading:
___November 9, 2020____________
Second Reading and Adoption:
___November 23, 2020___________
Publication Dates:
____________________
Effective Date:
___December 9, 2020____________
______________________
Mayor Stacy DuChene
ATTEST:
______________________________
Finance Officer
Seal
NOTICE OF ADOPTION
AN ORDINANCE IN REVISION OF THE MUNICIPAL ORDINANCES OF THE CITY
OF LENNOX, SOUTH DAKOTA
Notice is hereby given Ordinance #614, an Ordinance in Revision of the Municipal
Ordinances of the City of Lennox, was duly adopted by the City Council on ________,
2020, and shall become effective _________, 2020, according to South Dakota law.
The Ordinance revises the Municipal Ordinances of the City heretofore adopted, and
repeals all ordinances or parts of ordinances in conflict therewith. The Ordinance does not
repeal special ordinances, appropriation ordinances, levying ordinances for the issuance of
bonds, and other special ordinances of like character. Such ordinances not included in the
revision and still having force and effect may be found in the Finance Office.
A copy of the Revised Municipal Ordinances is available for public inspection at the
Lennox City Hall and may be viewed during normal business hours.
Nathan Vander Plaats
City Administrator
(Publication Dates: __________, 2020 & ___________, 2020)
SUMMARY AND GENERAL INFORMATION
Reference has been made for each Section whenever applicable to appropriate state statutes from
South Dakota Codified Laws.
In the construction of this Ordinance, the following definitions shall apply, unless otherwise
provided:
1. City or Municipality - The City of Lennox, South Dakota.
2. City Council - The governing body of the City of Lennox.
3. He, His or Him - Words imparting masculine gender shall extend and be implied to
females and to firms, partnerships, associations, corporations, organizations and
other legally recognized entities, as well as to males.
4. May - Permissive.
5. Person - Any individual, firm, partnership, association, corporation, organization or
other legally recognized entity.
6. Shall - Mandatory.
TABLE OF CONTENTS
TITLE 1 -
Page #
ADMINISTRATIVE CODE
Chapter 1.01 – Officers…………………………………………….…………3
Chapter 1.02 – Mayor and City Council…………………………...…………4
Chapter 1.03 – Finance Regulations……………………………….…………5
Chapter 1.04 – Library Board……………………………………….………..6
Chapter 1.05 - Reserved
Chapter 1.05 – Park Board…………………...……………………….……...6
TITLE 2 -
BOUNDARIES, WARDS AND VOTING PRECINCTS
Chapter 2.01 – Boundaries………………………………………….….……..8
Chapter 2.02 – Voting Precincts………………...………………….….……..8
TITLE 3 -
HEALTH AND SANITATION
Chapter 3.01 – Nuisances……………...……………………………..…..…..10
Chapter 3.02 – Rubble Site……………………...………………..…………..17
Chapter 3.03 – Collection of Garbage & Recyclables……...……..………….18
TITLE 4 -
LICENSES
Chapter 4.01 – General Provisions…………………………………………...20
Chapter 4.02 – Peddlers……………………………………………………....21
Chapter 4.03 – Sexually Oriented Businesses and Employees……………….23
TITLE 5 -
OFFENSES
Chapter 5.01 – Alcoholic Beverages………………………...……………….40
Chapter 5.02 – Offenses Against Public Welfare……………...……………..42
Chapter 5.03 – Animals……………………………………...……………….45
Chapter 5.04 – Fireworks, Firearms and Explosives…………...…………….50
Chapter 5.05 – Minors……………………………………..…………………50
TITLE 6 -
STREETS, SIDEWALKS AND PUBLIC PLACES
Chapter 6.01 – Street Names and Addresses…………………….……………52
Chapter 6.02 – Streets, Sidewalks, Curb and Gutter………………...………..53
Chapter 6.03 – Snow and Ice Removal…………………………...…………..56
Chapter 6.04 – Moving Buildings………...…………………………………..57
Chapter 6.06 – Municipal Trees………...…………………………………….58
Chapter 6.07 – Parks and Recreation Areas…..………………………………59
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TITLE 7 -
TRAFFIC REGULATIONS
Chapter 7.01 – General Provisions…………………………………………61
Chapter 7.02 – Operation of Vehicles……………...………………………62
Chapter 7.03 – Speed Restrictions………………………………………….64
Chapter 7.04 – Parking, Stopping…………………………………………..65
Chapter 7.05 – Trucks………………………………………………………69
Chapter 7.06 – Miscellaneous Provisions…………………………………..71
Chapter 7.07 – Golf Carts…………………………………………………..73
TITLE 8 -
WATER AND SEWER
Chapter 8.01 – General Provisions…………………………………………75
Chapter 8.02 – Water Provisions…………………………………………...78
Chapter 8.03 – Sewer Provisions…………………………………………...81
TITLE 9 -
PLANNING AND ZONING
Chapter 9.01 – General……………………………………………………..92
Chapter 9.02 – Planning Commission……………………………………...92
Chapter 9.03 – Building Code……………………………………………...94
Chapter 9.04 – Residential Code………………………………………….137
Chapter 9.05 – Property Maintenance Code……………………………...175
Chapter 9.06 – Flood Damage Prevention………………………………..202
Chapter 9.07 – Urban and Rural Service Districts………………………..217
TITLE 10 - TAXATION
Chapter 10.01 – Municipal Sales and Service Tax and Use Tax…………220
Chapter 10.02 – Reduced Valuation for Tax Purposes…………………...221
Chapter 10.03 – Gross Receipts Tax……………………………………...222
TITLE 11 - GENERAL PROVISIONS
Chapter 11.01 – Penalties and Repealing Clause………………………...223
TITLE 12 - MANUFACTURED HOMES
Chapter 12.01 – General Provisions……………………………………...224
Chapter 12.02 – License………………………………………………….225
Chapter 12.03 – Permits and Inspections………………………………...227
Chapter 12.04 – Park Standards………………………………………….228
Chapter 12.05 – Violations and Penalties………..………………………230
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TITLE 1 - ADMINISTRATIVE CODE
[MUNICIPAL OFFICERS AND EMPLOYEES SDCL 9-14]
Chapter 1.01 - Officers
Chapter 1.02 - Mayor and City Council
Chapter 1.03 - Finance Regulations
Chapter 1.04 - Library Board
Chapter 1.05 - Reserved
Chapter 1.06 - Park Board
CHAPTER 1.01 - OFFICERS
1.0101
Appointment of Officers. At the first regular meeting in May, there shall be appointed a City
Attorney and City Engineer. All such appointments shall be made by the Mayor with approval
of the City Council.
(A). City Administrator Appointment: The City Administrator shall be appointed by the Mayor
with the consent of a majority vote of the City Council for an indefinite term.
(B). Removal of City Administrator. The City Administrator may be removed at any time by the
Mayor, with the consent of a majority vote of the City Council, with or without cause. If
requested, a public hearing shall be held by the City Council within 30 days following notice of
removal. During the interim, the City Council may suspend the Administrator from duty with
pay.
(C). Powers and Duties of City Administrator. The City Administrator shall be the Chief
Administrative Officer of the City and shall be responsible to the Mayor and City Council for the proper
administration of the City of Lennox. The Administrator shall have the powers and shall be required to
perform the duties as set forth from time to time by the City Council by resolution and/or by adoption of
the City Administrator’s Job Description
(D). Bond. The Administrator shall furnish a surety bond to be approved by the Mayor and City
Council, said bond to be conditioned on the faithful performance of all of the Administrator’s
duties. The premium of the bond shall be paid by the City of Lennox.
(E). Compensation. The Administrator shall receive such compensation as the City Council
shall determine.
(F). Residence. The Administrator shall reside within the municipal boundaries of the City of
Lennox.
1.0102
Salaries. The salaries of all employees of the City shall be fixed by resolution and shall be paid
bi-weekly unless otherwise provided.
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(A). The City Administrator, Finance Officer, Administrative Assistant and Utility Billing Clerk
shall be bonded in such sum to be approved by the City Council and conditioned upon the
faithful performance of the duties of such office. (SDCL 9-14-28)
1.0103
Employment Policies. All policies regarding personnel regulations and benefits of the City
shall be included in the Administrative Policies and Procedures Manual, Title I: Personnel
Policies, which shall be filed with the City Administrator. A copy shall be made available to
all employees following the date of hire, following any amendment of personnel manual or
upon request by city employee.
CHAPTER 1.02 - MAYOR AND CITY COUNCIL
1.0201
Composition. The City Council shall consist of the Mayor elected at large, who shall hold
office for two years, and six aldermen, two elected from each ward, who shall hold office for
two years. (SDCL 9-8-1, 3)
1.0202
Mayor - Duties. The Mayor shall preside at all meetings of the City Council, but shall have no
vote except in case of a tie. The Mayor shall perform such other duties as may be prescribed
by the laws and ordinances, and take care that such laws and ordinances are faithfully executed.
The Mayor shall annually and from time to time give the City Council information relative to
the affairs of the municipality, and shall recommend for their consideration such measures as
he or she may deem expedient. The Mayor shall have the power to sign or veto any ordinance
or resolution passed by the City Council, and the power to veto any part or item of an ordinance
or resolution appropriating money. (SDCL 9-8-3)
1.0203
Meetings. The regular monthly meetings of the City Council shall be held at the City Hall or
other designated place on the second and fourth Monday of each month at 7:00 p.m. except
when Monday is a legal holiday, and in that case the meeting shall be held on the Tuesday
following. (SDCL 9-8-8)
1.0204
Special Meetings. Special meetings of the City Council may be held at any time on call of the
Mayor, or in case of absence of inability to act, then by the President of the City Council; or if
the Mayor and President of the City Council refuse to act, then by two (2) of the Alderman. It
shall be the duty of the Finance Officer to contact the Alderman before the time specified for
such meetings. (SDCL 9-8-8)
1.0205
President and Vice-President of Council. At the first regular meeting after the annual election
in each year and after the qualifications of the newly elected Aldermen, the City Council shall
elect from its own members a President and Vice-President, who shall hold their respective
offices for the municipal year.
The president of the City Council, in the absence of the Mayor, shall be the presiding officer
of the City Council, and during the absence of the Mayor from the City or his temporary
disability, shall be Acting Mayor and possess all powers of the Mayor.
4
In the absence or disability of the Mayor and President of the City Council, the Vice-President
shall perform the duties of the Mayor and President of the Council. (SDCL 9-8-7)
1.0206
Compensation - Mayor and City Council. The compensation of the Mayor and City Council
members shall be fixed by resolution and said amounts shall be placed on file in the office of
the City Finance Officer.
1.0207
Committees. The Mayor, with the approval of the City Council, shall annually appoint
three Aldermen to the following committees:
•
•
•
•
•
•
Streets/Water/Sewer
Zoning/Buildings
Police/Fire/Ambulance
Parks/Recreation/Pool
Finance/Economic Development
Library/Solid Waste/Weeds
These Committees serve in an advisory role to the City Council in order to study and
propose policy solutions and to discuss budgetary considerations.
CHAPTER 1.03 - FINANCE REGULATIONS
1.0301
Purchase of Supplies. Purchase of all supplies and materials shall not be made without a
purchase request approved by the City Administrator or Finance Officer. All materials and
supplies shall, when received, be checked by the persons receiving the same, and a bill showing
the name of the creditor and each article with the price thereof shall be filed with the Finance
Officer. (9-14-18)
1.0302
Revenues and Special Funds. All money belonging to the City from taxation, licenses, fines,
permits, the operation of utilities, or from any other source, shall be paid into the city treasury,
and the City Council shall designate by ordinance to what fund or funds such money shall be
applied. The Finance Officer shall keep full, true and just accounts of all financial affairs of
the City and shall keep such accounts and furnish in such form and in such manner from time
to time as required by the South Dakota Department of Revenue. (SDCL 9-14-18)
1.0303
Records Retention and Destruction. The Records Retention and Destruction Schedule Manual,
authorized for South Dakota municipalities by the Office of Records Management, Bureau of
Administration, State of South Dakota, shall be adopted by the City Council, and a printed copy
of such manual shall be filed with the Finance Officer.
1.0304 Financial Controls for Non-Profit Expenditures Required: Aggregate fiscal year
expenditures over $5000 through either direct appropriation or by reimbursement for
expenses incurred by an organization recognized as a not-for-profit organization by the
5
Internal Revenue Service under Section 501 of the Internal Revenue Code or
incorporated as a non-profit organization in the State of South Dakota shall not be
expended without first receiving a finalized independent audit from that organization.
The City may accept board-accepted or board-approved financial statements in lieu of a
completed independent audit.
CHAPTER 1.04 - LIBRARY BOARD
1.0401
Establishment. There shall be maintained a Joint City/School Library which shall provide
library services pursuant to a contract entered into with the Lennox School District pursuant to
the provisions of SDCL 14-2-29 (3) and SDCL Chapter 1-24. The joint public library shall
replace the City Library previously offered by the City of Lennox.
1.0402
Operations. The Joint City/School Library shall be operated pursuant to an agreement entered
into by the City of Lennox and the Lennox School District. All provisions of said agreement
shall be in compliance with SDCL Chapter 14-2.
CHAPTER 1.05 - RESERVED
CHAPTER 1.06 - PARK BOARD
1.0601
Created. There shall be created a Park Board for the City that shall act in an advisory role to
the City Council on matters related to the establishment, improvement, care for, regulation and
management of a system of public parks and parkways in and for the City in accordance with
SDCL 9-38-8.
1.0602
Composition and Appointment. The Park Board shall be composed of not less than five or
more than nine members, each of whom shall reside within the boundaries of the Lennox
Community School District. The members of the Board shall not hold any elective office of
the City and shall receive no compensation for their services. The members shall be appointed
at the first regular meeting of the City Council in September of each year. Initially the members
shall be appointed to staggered terms, not to exceed three years, by Resolution of the City
Council. Annually thereafter appointments or reappointments shall be for a term of three years
or to complete an unexpired term. Such appointees shall hold office until their successors are
appointed and qualified.
1.0603
Vacancies. Any vacancy on the Park Board shall be filled for the unexpired term of the member
vacating such Board in the same manner as required for a regular appointment.
1.0604
Meetings. At the first regular meeting of the Park Board in September of each year, the Board
shall elect from its members a Chairman, Vice Chairman, and Secretary, each of whom shall
6
serve until the first regular meeting of the Board in August of the following year. The Park
Board shall hold regular meetings at least once per quarter and as many special meetings as it
deems proper.
1.0605
Records. The Secretary of the Park Board shall keep a record of its proceedings and make such
reports as may be required. In the absence or inability of the Secretary to perform his or her
duties, the Board may appoint a Secretary Pro-term to perform such duties. The records of the
Board kept by the Secretary shall be competent evidence of the proceedings of the Board.
1.0606
Budget Estimate. The Park Board, on or before the first day of July of each year, shall submit
a budget estimate for general park purposes for the ensuing fiscal year to the City Council.
Such estimate shall include monies necessary for maintaining, constructing and improving
parks, parkways, public recreation areas and playgrounds which are under the control of the
City Council.
1.0607
Duties. The Park Board, in addition to providing the annual budget estimate, shall provide an
annual assessment of the public parks and parkways in and for the City. The Park Board may
from time to time be requested to assist the City Council with identifying design and funding
for improvements, fundraising and any other matters related to maintaining and improving the
park system. The Park Board shall not, unless directed to, incur any expenses or invoke any
policies.
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TITLE 2 - BOUNDARIES, WARDS AND VOTING PRECINCTS
[INCORPORATION OF MUNICIPALITIES SDCL 9-3]
[ELECTIONS SDCL 12-1]
[PRECINCTS AND POLLING PLACES SDCL 12-14]
Chapter 2.01 - Boundaries
Chapter 2.02 - Wards and Voting Precincts
CHAPTER 2.01 - BOUNDARIES
2.0101
Boundaries. The corporate limits of the City shall be declared to be such as have been legally
established and amended by law and ordinances of the City as shown on the official map on
file in the office of the City Administrator. Such map shall be incorporated in this ordinance
by reference and adopted as the official map showing the boundaries and limits of the City.
(SDCL 9-3-2)
CHAPTER 2.02 - WARDS AND VOTING PRECINCTS
2.0201
Wards Boundaries. The City shall be divided into three wards which shall be designated
respectively as Wards One, Two and Three. The wards shall be described by stating the
certain street or avenue designations or other landmarks that divide and border the wards.
Any reference to street or avenue below shall mean an imaginary line running down the
approximate middle of each street or avenue. The wards of the City of Lennox are as set
forth below and on the map thereof on file in the office of the Finance Officer. Any
discrepancies shall be resolved by reference to the map rather than the physical descriptions
set forth herein.
Ward One shall included all of that part of the City east of Main Street and south of 3rd
Avenue. It shall also include all of that part of the City east of Cherry Street between Third
Avenue and First Avenue, and east of Main Street north of First Avenue and south of
Boynton Avenue.
Ward Two shall included all of that part of the City west of Main Street and south of Third
Avenue.
Ward Three shall include all of that part of the City north of Third Avenue, south of First
Avenue, and west of Cherry Street. It shall also include all of that part of the City north of
First Avenue and west of Main Street. It shall also include all of that part of the City north of
Boynton Avenue.
2.0202
Voting Precincts. The City Council may combine or separate said wards to establish voting
precincts for the purpose of any particular election by resolution as provided by state law
(SDCL 9-13-16).
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TITLE 3 - HEALTH AND SANITATION
[SANITATION AND HEALTH MEASURES SDCL 9-32]
9
Chapter 3.01 - Nuisances
Chapter 3.02 - Rubble Site
Chapter 3.03 - Collection of Garbage & Recyclables
CHAPTER 3.01 - NUISANCES
3.0101
Definitions. For the purpose of this Chapter, the following terms are hereby defined.
A. “Garbage” - The animal and vegetable waste resulting from the handling, preparation,
cooking and serving of foods.
B. “Solid Waste” - Any garbage, refuse, sludge from a waste treatment plant, water supply
treatment plant or air pollution control facility and other discarded materials, including
solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial
and agricultural operations, and from community activities...including, but not limited to
wood and other construction materials, appliances, yard waste, tires, scrap iron, chemicals
or fuel. (SDCL 34A-6-1.3)
C. “Wastewater” - The spent water of a community. From the standpoint of source it may
be a combination of the liquid and water-carried wastes from residences, commercial
buildings, industrial plants and institutions, together with any groundwater, surface water
and storm water that may be present.
D. “Abandoned property” - Any inoperable car, car bodies or equipment of any type, except
in an authorized junk yard, or any accumulations of other unsightly trash or junk which
would constitute a health hazard, a rodent harborage, a breeding area for insects or rodents,
a dangerous place for children to play in and around or which tends to be unsightly and
which does or tends to lower the value of adjacent real property because of its unsightliness.
E. “Abandoned vehicle” - Any vehicle that is left unattended or stored on any public property
in the same or substantially same place within the City for a longer period than 24 hours.
F. “Inoperable vehicle” - Any vehicle which is not in operating condition due to damage,
removal or inoperability of one or more tires and wheels, the engine or other essential parts
required for the operation of the vehicle, or which does not have lawfully affixed thereto
unexpired license plates, or which constitutes an immediate health, safety, fire or traffic
hazard.
G. “Nuisance” - Unlawfully doing an act, or omitting to perform a duty, which act or omission:
(1) annoys, injures, or endangers the comfort, repose, health, or safety of others; (2) in any
way renders other persons insecure in life, or in the use of property; (3) renders the ground,
the water, the air, or food a hazard or any injury to human health; and in addition (4) the
specific acts, conditions and things listed in Section 3.0102 are hereby declared to
10
constitute public nuisances, but such acts, conditions and things shall not be deemed to be
exclusive. (SDCL 21-10-1)
H. “Private property” - Any real property within the City that is privately owned and which is
not public property.
I.
“Public property” - 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 also means any other publicly owned property or facility.
J. “Removal agency” - Any public body, private or nonprofit organization authorized, hired
or appointed by the City to remove vehicles.
K. “Unsightly trash or junk” - Property which is deteriorated, wrecked or derelict property in
unusable condition, having no value other than nominal scrap or junk value, if any, and
which is left outside of a permanent, enclosed structure and which shall include, without
limitation, motors, lawn mowers, campers, refrigerators and other household appliances,
furniture, household goods and furnishings, scrap metals or lumber or other similar articles
in such condition.
L. “Vehicle” - Any conveyance, whether or not self-propelled, and which is designed to travel
along the ground or in or on the water and shall include, but not be limited to, automobiles,
buses, motorbikes, motorcycles, motor scooters, trucks, tractors, pull trailers, go-karts, golf
cars, boats, jet skis, campers and trailers.
3.0102
Acts, Omissions and Conditions Prohibited. No person, whether an owner, occupant, tenant or
other person in charge of any real property within the corporate limits of the City shall create,
commit, maintain, or permit to be created, committed, or maintained, any public nuisance, to
include, without limitation, the following specific acts, conditions and things, each and all of
which are hereby declared to constitute a nuisance: (SDCL 9-32-1)
A. Depositing, accumulating, or permitting to be accumulated upon any public or private
property, any household wastewater, sewage, garbage, refuse, rubbish, offal, excrement,
decaying fruit, vegetables, fish, meat, bones; any fowl, putrid, or obnoxious liquid
substance; any chemical or hazardous material; or putrescible and nonputrescible animal
or vegetable wastes or solid wastes, or any other waste material which constitutes or tends
to create a danger to public health, safety, and welfare. (SDCL 9-32-10, SDCL 34A-7-9)
B. The accumulation of manure, garbage, or anything whatsoever which may be breeding
areas for flies, mosquitoes, or rodents. (SDCL 9-32-10)
C. To permit a dead animal to remain undisposed of on real property longer than twenty-four
(24) hours after its death. (SDCL 9-29-13)
D. Any excavation, trench or open basement in which stagnant water is permitted to collect
or which may jeopardize the life, limb, or safety of the general public. (SDCL 9-29-13)
11
E. Throwing or letting fall on or permitting to remain on any street, alley, or public ground
any manure, garbage, rubbish, filth, fuel, ashes, wood or construction materials or any
offensive matter. (SDCL 9-32-10)
F. Keeping or maintaining any building or enclosure where livestock or fowl are kept unless
a special permit is requested and such is approved by the City Council. (SDCL 9-29-13)
G. Disposing of garbage, waste, or refuse by open burning, or causing, allowing, or permitting
the conducting of a salvage operation by open burning in the City. The following types of
open burning shall be permissible for a specific purpose when conducted in conformity
with the subsections set forth below:
1. Fires set for the elimination of a fire hazard, which cannot be abated by any other
means when authorized by the Fire Chief of the City Volunteer Fire Department.
2. Fires purposely set by the city maintenance personnel for the purposes as authorized
by the Fire Chief of the City Volunteer Fire Department.
3. Fires purposely set by the City Volunteer Fire Department personnel and authorized
by the Fire Chief for the purpose of training and conducted in accordance with live
fire-training standards.
4. Campfires and other fires used solely for recreational purposes, for ceremonial
occasions, and for outdoor preparation of foods.
H. Maintaining, or causing or permitting the same, any building or premises which is
determined to be dangerous or dilapidated. Any building or structure which has any or all
of the conditions or defects hereinafter described shall be deemed to be a dangerous or
dilapidated building, if such conditions or defects thereby annoy, injure or endanger the
comfort, repose, health, or safety of others or, if such conditions or defects exist to the
extent that the life, property, value of property or safety of the public or its occupants are
jeopardized.
1. Whenever any building or structure is (i) vacant and unoccupied for the purpose for
which it was erected and; (ii) the building is unfit for occupancy as it fails to meet
minimum housing standards and; (iii) the building has remained substantially in such
condition for a period in excess of six months.
2. Whenever any building or structure through lack of maintenance or attention and by
virtue of its physical appearance and presence thereby depresses the market value of
surrounding properties.
I.
Maintaining or permitting to be maintained on any private or public property any
abandoned property or unsightly trash or junk, abandoned vehicle, or inoperable vehicle or
parts thereof. It shall be unlawful to keep or place any of such vehicles or vehicle parts:
1. Upon public streets or property except on an emergency basis.
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2. Upon the private property of any person owning, in charge of, or in control of any real
property within the City, whether as an owner, tenant, occupant, lessee or otherwise,
for longer than 14 days unless it is within a fully enclosed building or structure. A
carport, tarpaulin, tent or other similar temporary structure shall not be deemed to
satisfy the requirements of this section.
In no event shall an inoperable vehicle that constitutes an imminent health, safety or fire
hazard be kept or located on any real property.
J. The requirements of paragraph I shall not apply to the following:
1. Filling stations, automobile repair shops or any other motor vehicle related businesses
in compliance with applicable City ordinances may place inoperable vehicles being
repaired or offered for sale on the premises.
2. Junkyards operated and maintained in compliance with applicable City ordinances.
3. Any vehicle in an appropriate storage place or depository maintained in a lawful place
and manner by the City or authorized by the City.
K. Depositing, accumulating, or permitting to be accumulated on any street, alley, or public
ground any grass clippings, leaves, or other yard waste produced in conjunction with yard
maintenance or gardening. The owner, tenant, or person in charge of any lot within the City
is responsible for ensuring that any persons hired to cut their grass or maintain their yard
abide by this ordinance.
3.0103
Diseased, Dead or Dangerous Vegetation. Any owner, occupant, or person in charge of any
property under the jurisdiction of the City shall remove at his own expense any trees, brush,
wood, or debris which is found to be dead, possessing infestations or infectious disease found
thereon, or which poses a danger to the public, when so notified by the City to do so. The City
Council shall cause to be mailed to such owner, occupant, or person, written notice that they
may appear before the said City Council at an appointed time not less than fourteen (14) days
from the date of mailing of said written notice to show cause why said trees, brush, wood, or
debris should not be declared a public nuisance.
At said meeting the City Council may resolve and declare the same to be a public nuisance and
may order its removal by said owner, occupant, or person within twenty-one (21) days from
the date of service of said resolution and order on said owner, occupant, or person.
Any diseased, dead or dangerous vegetation stored in the City shall be debarked or covered
with four (4) to six (6) mil clear plastic from April 1st to October 1st, such plastic to be sealed
by placing all edges in a three to four-inch trench covered with soil. In addition, any diseased
vegetation which is removed and not stored in accordance with the provisions of this Section
shall be properly disposed of by burning or burying in a designated disposal site. (SDCL 9-3212)
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3.0104
Vegetation Nuisance.
A.
B.
C.
Definitions. For the purposes of this section, the following terms, phrases, words, and
their derivations shall have the meanings given herein.
1.
“Developed lot or area” means a lot or area with a finished building or building
under construction.
2.
“Noxious weeds” means all actively growing plants declared to be statewide
noxious weeds by the South Dakota Weed and Pest Control Commission and all
actively growing weeds declared by Lincoln County to be locally noxious.
3.
“Undeveloped lot or area” means a vacant lot or area with no structure on it.
4.
“Weeds” means any plants growing uncultivated and out of context with the
surrounding plant life when such plant has a seed head formed or forming and with
a height of eight (8) inches or more, except as otherwise provided in this section.
Nuisances.
1.
Each owner and each person in the possession or control of any land shall cut or
otherwise destroy, in whatever manner prescribed by the City, all noxious weeds
thereon and shall keep said lands free of such growth.
2.
Each owner and each person in possession or control of any property shall be
responsible to keep said lot, place, or area or upon any sidewalk abutting the same
free of any noxious weeds and to keep grasses and weeds on said lot mowed so
that grass and weeds are less than eight (8) inches in height. However, grass and
weeds located on undeveloped and unplatted property located more than 100 feet
from developed or platted property shall be mowed so that grass and weeds are
less than twelve (12) inches in height. This does not apply to vegetation which is
being grown as a crop, livestock pasture or wildflower display garden.
3.
Each owner and each person in the possession or control of any lands shall not
allow any plant growth of any sort to remain in such a manner as to render the
streets, alleys or public ways adjoining said land unsafe for public travel or in any
manner so as to impede pedestrian or vehicular traffic upon any public place or
way.
Notice to Abate and Abatement by City. The Finance Officer shall annually on or before
May 1 each year and August 1 of each year publish once a week for two consecutive
weeks a Notice to Property Owners generally setting forth the duty to control weeds and
other vegetation which might be a nuisance in violation of this section. The Finance
Officer or his designee may cause a Notice to Abate Nuisance to be served, by posting
of notice on such property within view of the public, upon any property owner who fails
to comply with the published notice or any person who at any other time has weeds or
other vegetation. Upon failure, neglect or refusal of any owner, agent or occupant so
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notified to comply with said notice within five (5) days, thereof the Finance Officer or
his designee is hereby authorized and empowered to provide for the cutting, destroying
or removal of the weeds, grass or other noxious matter and stabilize the soil if necessary.
The City may defray the cost of the work, including administrative costs, by special
assessment against the property as set out in Section 3.0104 (D).
D.
Costs Recovered. The Finance Officer shall cause an account to be kept against each lot
upon which work is done pursuant to Section 3.0104 (C) and shall after completion of
the work, bill the owner of the property for such work and if not paid within thirty (30)
days thereafter, the Finance Officer shall thereupon add such assessment to the general
assessment against said property. The Finance Officer shall certify such special
assessment together with the regular assessment to the Lincoln County Auditor to be
collected as municipal taxes for general purposes.
Said assessment shall be subject to review and equalization the same as assessments or
taxes for general purposes. In lieu of special assessment, the City Council may institute
a civil action against the owner or occupant of such property to recover said account.
3.0105
E.
Habitual Violators. If the owner or person in control of any land that has previously
received a notice to abate nuisance relating to weeds within the preceding 24 months,
then, the notice to abate nuisance may include notice that such owner or person in control
of said property will be considered to be an habitual violator of this section and that if
the nuisance is not abated within the allowed time, the City will consider the property to
be subject to having a contract let by the City for mowing property as needed up to a
weekly basis for the next following 24-month period of time and that the full cost of said
contract together with an administrative fee of two hundred dollars ($200.00) will be
assessed against the property.
F.
Penalty. Any person whose duty it is to destroy or remove such noxious weeds or
unhealthful vegetation as set forth in the preceding sections or who fails to destroy same
within the time hereinbefore set forth shall upon conviction thereof be subject to the
penalties established in this ordinance (Section 11.0101), in addition to other penalties
as prescribed in this section.
Littering in Public Places. No person shall throw or deposit litter in or upon any street,
sidewalk, or other public place within the City except in authorized public or private
receptacles. The following further identifies acts and conditions that constitute nuisances and
are therefore prohibited:
A. No person shall sweep into or deposit in any gutters, streets, or other public place within
the City, the accumulation of litter from any building or lot or from any public or private
sidewalk or driveway. Persons owning or occupying property or places of business shall
keep the sidewalk in front of such premises free of litter.
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For purposes of this chapter, a public nuisance shall also include snow and ice when
deposited or allowed to accumulate 48 hours after the termination of any snow fall, snow
or ice accumulation.
B. No persons, while a driver or passenger in a vehicle, shall throw or deposit litter upon any
street or other public place or upon private property within the City.
No person shall drive or move any vehicle within the City unless such vehicle is so
constructed or loaded as to prevent any load, contents, or litter from being blown or
deposited upon any street, alley, or public place.
C. No person shall throw or deposit litter on any occupied, open, or vacant private property
within the City, whether owned by such person or not, except that the owner or person in
control of private property may maintain authorized private receptacles for collection in
such a manner that litter will be prevented from being deposited upon any streets, sidewalk,
or other public place or upon any private property.
3.0106
Removal of Abandoned or Inoperable Vehicles - Public Property. Whenever the City or any
law enforcement officer for the City finds an abandoned or inoperable vehicle on public
property within the City, a notice shall be placed on the vehicle that it will be removed to a
garage or place of safety unless the owner removes the vehicle from public property within 24
hours of the giving of the notice. After the expiration of the 24-hour period, the vehicle may
be removed by a removal agency to a garage or place of safety. Nothing in this section
precludes the City or any law enforcement officer for the City from immediately removing a
vehicle that constitutes an imminent health, safety or fire hazard.
3.0107
Disposition of Unclaimed Vehicles. The removal agency shall have the rights and obligations
conferred upon it by SDCL Ch. 32-36 in regard to titling or disposition of such unclaimed,
abandoned or inoperable vehicle, except that, if not otherwise provided by state law, it shall
have a possessory lien upon any vehicle removed under provisions for this article for the costs
in taking custody of and storing such vehicles.
3.0108
Removal of Abandoned or Inoperable Vehicles - Private Property. A written notice shall be
placed on the abandoned or inoperable vehicle by the City or by any law enforcement officer
for the City requesting the removal of such motor vehicle in the time specified in this Chapter.
Written notice shall also be placed on the front door of any dwelling located on the private
property requesting the removal of such motor vehicle in the time specified in this article. In
the event the owner and the occupant or tenant of the real property are not the same person,
written notice shall be given to the owner by certified mail requesting the removal of such
motor vehicle in the time specified in this Chapter. In the event the private property is not
occupied, written notice shall be given to the owner by certified mail requesting the removal
of such motor vehicle in the time specified in this Chapter. Failure by any person to actually
receive any document sent to him by certified mail or to sign and return any receipt card
acknowledging receipt by certified mail shall not invalidate service.
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3.0109
Responsibility for Removal. Upon notice having been given, the owner of the abandoned or
inoperable vehicle and the owner or occupant of the private property on which the vehicle is
located, either or all of them, shall be responsible for its removal.
3.0110
Content of Notice. The notice in section 3.0108 shall request removal of the abandoned or
inoperable vehicle within 14 days after the date of the posting or mailing of such notice, and
the notice shall advise that failure to comply with the notice to remove shall be a violation of
this Chapter, that the City may take steps to abate the same, and that in addition to abatement
directly or by civil action, the City may pursue criminal fines and penalties against the owner,
occupant, tenant or other person in charge of the real property as provided in this Chapter.
Failure by any person to actually receive any document sent to him by certified mail or to sign
and return any receipt card acknowledging receipt by certified mail shall not invalidate service
made upon such person by certified mail.
3.0111
Remedies. The remedies against any nuisance shall be: (1) A civil action; (2) Abatement; and
(3) By the South Dakota Codified Laws, and the rules relating thereto; (4) Administrative Fee.
(SDCL 21-10-5)
3.0112
Abatement. A public nuisance may be abated without civil action by the City Council or by
any officer authorized thereto by law. The City may defray the cost of abating a public nuisance
by taxing the cost thereof by special assessment against the real property on which the nuisance
occurred. When the nuisance abated is an unsafe or dilapidated building, junk, trash, debris or
similar nuisance arising from the condition of the property, the City may commence a civil
action against the owner of the real property for its costs of abatement in lieu of taxing the cost
by special assessment. (SDCL 21-10-6)
3.0113
Public Nuisance Penalty and Remedy. Any person who creates, commits, maintains or fails to
abate a public nuisance as required under the provisions of this Chapter may be charged with a
Class 2 Misdemeanor. A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues. In addition, the City may also use the remedies of
civil action and abatement as set forth in SDCL 21-10-5 through 21-10-9. Any person given
notice of an abatement shall be charged an administrative fee as set by resolution by the Lennox
City Council.
CHAPTER 3.02 - RUBBLE SITE
3.0201
Rubble Site. The rubble site will be operated according to a schedule adopted by the City. This
schedule may be seasonally adjusted from time to time by the City Council. The operation will
be accomplished by the Street Superintendent or their designee, under the direct supervision of
the City Administrator.
(Amended: Ordinance No. 525, 07-09-12)
3.0202
Permitted Items. Trees, brush, leaves, grass clippings, yard and garden wastes shall be
permitted for disposal.
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3.0203
Rate Schedule. The rate schedule will be reviewed and established annually by resolution by
the City Council, and is on file in the Municipal Finance Office.
3.0204
Unauthorized Dumping. Any person disposing of unpermitted materials shall be subject to a
fine of $1000 in addition to the costs to mitigate the unauthorized disposal.
CHAPTER 3.03 - COLLECTION OF GARBAGE & RECYCLABLES
3.0301
License Required. No commercial garbage hauler shall use the streets for the collection,
removal or disposal of any garbage and recyclable materials without first having obtained a
license to perform such service from the City of Lennox. The application shall be filed with
the Finance Officer along with proof of insurance, proof of County license, proposed rate
structure, and payment of license fee. The license fee shall be established by resolution by the
City Council. The license shall run from January 1 through the 31st day of December. Any
license approved and issued may be revoked by the City Council for violations of laws,
regulations or stipulations concerning such operations.
3.0302
Collection of Garbage and Recyclable Materials and Approval of Rates. Every licensed
commercial hauler shall collect the garbage at least once each week. Garbage collectors shall
be under no obligation to remove any garbage unless the payments of the removal of such
garbage as provided by contract with the customer shall have been made. Recyclables shall be
collected at least once a month by a licensed garbage hauler.
3.0303
Rates. All licensed garbage haulers shall file, as a part of their application for a business
license, a general statement of their use rate structures and billing systems which shall include
the following elements: 1) A rate to reward people who reduce their level of solid waste
collection service based either upon volume or weight. 2) A rate to provide customers with
adequate options and incentives to reduce their weekly level of solid waste collection service
and the amount of solid waste collected as a result of their participation in waste reduction and
recycling programs. 3) A rate that includes the combined cost of solid waste, using the above
elements, and recycling collection services.
3.0304
Vehicles for collection of garbage and recyclables. Licensed commercial garbage and
recyclable haulers shall provide themselves with suitable vehicles which shall be water tight
and permanently covered on top so as to prevent the escape of odors and contents and so as to
hide the garbage from the public view. Such vehicle shall be thoroughly washed at such times
as may be necessary to keep the vehicles in proper sanitary condition. Such vehicles when
conveying garbage shall be so loaded and unloaded that the contents shall not fall or spill upon
the ground. No article or thing shall be carried on such vehicle so as to drag upon the highway.
Vehicles shall not exceed 18,000 pounds, and/or 6,000 pounds per axle, and 600 pounds per
tire inch width.
Commercial haulers shall obey all the ordinances of the City and all the rules and regulations
relating to the collection and handling for garbage and recyclables, and report to the City
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Council any violations which may come to their attention. Any license issued under this
chapter may be revoked by the Council for the violations by the licensee of any provision of
State law, Federal law or City Ordinances.
3.0305
Dumping. Commercial haulers shall transport the garbage and refuse and recyclables to the
sites designated by the City and County and will comply with all regulations in force at these
sites.
3.0306
Storing Garbage Prior to Collection. All garbage shall be placed in either sealed water-tight
bags or inside garbage containers and set to the curb or accessible alley on days of pickup.
Whenever the premises in which garbage and rubbish accumulates are adjacent to a street or
alley, the garbage and rubbish containers for such premises shall be kept in a location
convenient and accessible to such street or alley, if premises are not adjacent to a street or alley,
the garbage and rubbish containers shall be kept on the premises in such a location that they
will be readily accessible to the nearest street or alley without being unsightly.
The owner or operator of each duplex, apartment building or similar multiple family dwelling
shall furnish and maintain for use of the tenants a sufficient number of garbage containers to
hold all garbage that accumulates upon such premises in the course of a week, or he shall
require the tenants upon said premises to furnish such containers. The place where the garbage
containers are located shall be kept clean and in a sanitary condition at all times.
Every owner or person in charge of any restaurant, hotel, grocery store, whole sale or food
processing establishment or any other business or commercial place having garbage or rubbish
shall furnish and provide for use in connection therewith a garbage or refuse container. Such
container shall have covers for all openings and shall be emptied often enough to prevent the
same from giving off any odor or stench.
3.0307
City Not Liable. The City shall not be liable for any expense incurred through the failure of a
licensee or his agents and employees, to operate and maintain collection services in a proper
and efficient manner, and for any actions that may result from or be attributed to such services
performed.
3.0308
Transfer. Any license may be transferred to another business upon approval by the City
Council and payment of application fee.
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TITLE 4 - LICENSES
[TRADE REGULATION AND LICENSES SDCL 9-34]
Chapter 4.01 - General Provisions
Chapter 4.02 - Peddlers
Chapter 4.03 - Sexually Oriented Businesses and Employees
Chapter 4.04 - Marijuana
CHAPTER 4.01 - GENERAL PROVISIONS
4.0101
License, Unlawful Without. It shall be unlawful for any person, persons, firm or corporation
to engage in any activity for which a license is required without first having obtained a license
as hereinafter provided. The City Council may at any time expand the general provisions of
this Chapter by requiring any person, persons, firm or corporation engaging in any trade,
business or occupation within the City of Lennox which is not specified by this ordinance to
obtain a license, as deemed necessary. (9-34-1)
4.0102
Applications for License. Any person, persons, firm or corporation requesting a license as
herein provided, shall make written application to the City Administrator. The application shall
state the name and address of the applicant, purpose of the activity, the length of time for which
said license is requested, and the location at which said license will be used.
Except as otherwise provided, fees for all licenses shall be fixed by the City Council and filed
with the Finance Office, and all license fees shall be paid in full at the time of application in
such manner as approved by said City Council.
4.0103
License Expiration. Any annual license granted under the provisions of this Chapter shall
expire on the 31st day of December following the granting thereof, except as otherwise
provided, and shall not be granted for any sum less than the annual rate, and there shall be no
rebate on an early termination of the activity for which said license was issued.
4.0104
Revocation. The City Council shall have the authority at any time to suspend or revoke any
license granted under the provision of this Chapter whenever the City Council shall be satisfied
upon written complaint that the activity for which the license was issued, has been made or
conducted in an improper or illegal manner, and in case of such revocation, the City Council
may refund to the holder of such license such proportionate amount of money paid therefore
as the Council shall deem just.
4.0105
Issuance of License. Except as otherwise provided all licenses shall be issued by the Finance
Office after the applicant shall have complied with all requirements for issuance of such
license. Unless otherwise provided, all licenses shall be signed by the Finance Officer and
shall have affixed thereto the official seal of the City of Lennox.
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4.0106
Record of Licenses. The Finance Officer shall keep a record of all licenses issued by the City
stating when, to whom, for what purpose, for what length of time, for what location the license
was issued, and the amount of money paid for said license.
4.0107
Approval of Bonds. Any bond, liability insurance, or deposit required shall be subject to the
approval of the City Council. If the City Council deems the security inadequate, new or
additional security may be required; the license may be suspended pending the furnishing of
such new or additional security, and if not furnished, the license may be revoked.
CHAPTER 4.02 - PEDDLERS
4.0201
Definitions. For the purpose of this Chapter, the following terms are hereby defined:
A. “Peddler” - Any person or business, whether a resident of this City or not, traveling from
place to place, from house to house, or from street to street for the purpose of selling or
soliciting for sale of goods, wares, merchandise, or services, including food and beverages,
and shall also mean and include any person transacting a temporary business within the
city.
B. “Temporary business” - The sale of goods, wares, merchandise, or services, including food
and beverages, sold by a person, business, or other entity for fewer than 90 days within any
period of 12 consecutive months, or from a car, truck, or other motor vehicle, trailer, or
any structure other than a permanent building.
4.0202
Application for License. Any peddler wanting to do business in the City shall complete and
file an application with the Finance Officer or his designee containing the following:
1. Whether the applicant, upon a sale or order, shall demand, accept or receive payment, or
deposit of money in advance of final delivery.
2. The period of time the applicant wishes to engage in business within the City.
3. The local and permanent address of the applicant.
4. The local and permanent addresses and the name of the entity, if any, that the applicant
represents.
5. The kind of goods, wares, merchandise, or services the applicant wishes to peddle within
the City.
6. The last five cities or towns wherein the applicant has worked before coming to this City.
7. Proof of a valid, effective sales tax license.
8. The applicant’s date of birth and social security account number or other identifying
number.
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9. An application fee of $50.
4.0203
Exceptions. The provisions of this Chapter shall not apply to the following:
1. Solicitations, sales or distributions made by charitable, educational, political, or religious
organizations.
2. Traveling salespersons doing business exclusively with retail merchants, manufacturers,
jobbers or public officials.
3. Members of professions licensed by the state which have continuing education
requirements.
4. Persons selling or delivering personal property to regular customers on established routes.
5. Persons selling jams, jellies, vegetables, fruits or flowers grown or produced by them and
not purchased by them for resale.
6. Bonafide garage, rummage, yard or moving sales which do not occur at the same location
more than four (4) times per year, for more than four (4) days each time.
4.0204
Unlawful conduct. The following conduct shall be deemed unlawful:
1. For any peddler to remain upon premises after having been told by the owner or possessor
of the premises to leave.
2. For any peddler to make false or fraudulent statements concerning the quality or nature of
his goods, products, or services.
3. To enter upon any premises posted with a sign stating “No Peddlers Allowed” or “No
Soliciting”.
4. To engage in business of peddling between the hours of 8 p.m. and 9 a.m. the following
morning, or anytime on Sunday, except by specific appointment or invitation from the
prospective customer.
5. For any peddler to engage in business within the City without first obtaining a license to
do so.
6. For any peddler to fail to display his license upon the request of any person.
4.0205
Revocation. Any license issued under the provisions of this Chapter may be revoked for the
violation by the licensee of any provision of this ordinance or state law. Upon such revocation,
such license shall immediately be surrendered.
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CHAPTER 4.03 - SEXUALLY ORIENTED BUSINESSES AND EMPLOYEES
4.0301
Rationale and Findings.
(a) Rationale. It is the purpose of this Ordinance to regulate sexually oriented businesses in
order to promote the health, safety, and general welfare of the citizens of the City, and to
establish reasonable and uniform regulations to prevent the deleterious secondary effects
of sexually oriented businesses within the City. The provisions of this Ordinance have
neither the purpose nor effect of imposing a limitation or restriction on the content or
reasonable access to any communicative materials, including sexually oriented materials.
Similarly, it is neither the intent nor effect of this Ordinance to restrict or deny access by
adults to sexually oriented materials protected by the First Amendment, or to deny access
by the distributors and exhibitors of sexually oriented entertainment to their intended
market. Neither is it the intent nor effect of this Ordinance to condone or legitimize the
distribution of obscene material.
4.0302
Definitions. For purposes of this Chapter, the words and phrases defined in the Sections
hereunder shall have the meanings therein respectively ascribed to them unless a different
meaning is clearly indicated by the context.
"Adult Arcade" means any place to which the public is permitted or invited wherein coinoperated or slug-operated or electronically, electrically, or mechanically controlled still or
motion picture machines, projectors, or other image-producing devices are regularly
maintained to show images to five (5) or fewer persons per machine at any one time, and where
the images so displayed are characterized by their emphasis upon matter exhibiting "specified
sexual activities" or specified "anatomical areas".
"Adult Bookstore or Adult Video Store" means a commercial establishment which, as one of
its principal purposes, offers for sale or rental for any form of consideration any one or more
of the following: books, magazines, periodicals or other printed matter, or photographs, films,
motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual
representations which are characterized by their emphasis upon the display of "specified sexual
activities" or "specified anatomical areas."
A "principal purpose" means that the commercial establishment:
(a) has a substantial portion of its displayed merchandise which consists of said items, or
(b) has a substantial portion of the wholesale value of its displayed merchandise which
consists of said items, or
(c) has a substantial portion of the retail value of its displayed merchandise which consists
of said items, or
(d) derives a substantial portion of its revenues from the sale or rental, for any form of
consideration of said items, or
23
(e) maintains a substantial section of its interior business space for the sale or rental of
said items.
"Adult Cabaret" means a nightclub, bar, juice bar, restaurant, bottle club, or similar commercial
establishment, regardless of whether alcoholic beverages are served, which regularly features:
(a) persons who appear nude or semi-nude; or
(b) live performances which are characterized by the exposure of "specified anatomical
areas" or by "specified sexual activities;" or
(c) films, motion pictures, video cassettes, slides or other photographic reproductions
which are characterized by the exhibition or display of "specified sexual activities" or
"specified anatomical areas."
"Adult Motel" means a motel, hotel, or similar commercial establishment which:
(a) offers accommodations to the public for any form of consideration; provides patrons
with closed-circuit television transmissions, films, motions pictures, video cassettes,
other photographic reproductions, or live performances which are characterized by the
display of “specified sexual activities" or "specified anatomical areas"; and which
advertises the availability of such material by means of a sign visible from the public
right-of-way, or by means of any on or off-premises advertising, including but not
limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or
(b) offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
(c) allows a tenant or occupant of a sleeping room to sub rent the room for a period of time
that is less than ten (10) hours.
"Adult Motion Picture Theater" means a commercial establishment where films, motion
pictures, videocassettes, slides, or similar photographic reproductions which are characterized
by their emphasis upon the display of "specified sexual activities" or "specified anatomical
areas" are regularly shown to more than five (5) persons for any form of consideration.
"Art Museum" and/or "Art Gallery" means any structure where paintings, sculptures, pottery,
lithograph and anything of artistic expression is shown, excluding live models in a state of
nudity or semi nudity.
"City Finance Officer" means City of Lennox Finance Officer.
"City Council" means the Council of the City of Lennox, South Dakota.
"Characterized" means to describe the essential character or quality of an item. As applied in
this Ordinance, no business shall be classified as a sexually oriented business by virtue of
24
showing, selling, or renting materials rated NC-17 or R by the Motion Picture Association of
America.
"City" means City of Lennox, South Dakota
"Employ, Employee, and Employment" describe and pertain to any person who performs any
service on the premises of a sexually oriented business, on a full time, part time, or contract
basis, whether or not the person is denominated an employee, independent contractor, agent or
otherwise. Employee does not include a person exclusively on the Premises for repair or
maintenance of the premises or for the delivery of goods to the premises.
"Establish or Establishment" shall mean and include any of the following:
(a) The opening or commencement of any sexually oriented business as a new business;
(b) The conversion of an existing business, whether or not a sexually oriented business, to
any sexually oriented business;
(c) The addition of any sexually oriented business to any other existing sexually oriented
business.
"Hearing Body" shall be the City Council of the City of Lennox, South Dakota.
"Influential Interest" means any of the following: (1) the actual power, directly or indirectly,
to control the operation, management or policies of a business or entity, (2) ownership of a
financial interest of thirty-five percent (35%) or more of a business or of any class of voting
securities of a business, or (3) holding an office (e.g., president, vice president, secretary,
treasurer, etc.) or directorship in a legal entity which operates the sexually oriented business.
"Day-Care Center" means a facility or home, whether situated within the City or not, that
provides care, training, education, custody, treatment or supervision of children from more than
one unrelated family, on a regular basis for part of a day, without transfer of legal custody or
guardianship, regardless of whether or not the facility is operated for a profit or charges for the
services it offers.
"Licensee" shall mean a person, whose name a license to operate a sexually oriented business
has been issued, as well as the individual or individuals listed as an applicant on the application
for a sexually oriented business license. In the case of an "employee," it shall mean the person
whose name the sexually oriented business employee license has been issued.
"Nudity" or "State of Nudity" means the showing of the human male or female genitals, pubic
area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, or the showing
of the female breast with less than a fully opaque covering of any part of the nipple and areola.
"Operate" or "Cause to Operate" shall mean to cause to function or to put or keep in a state of
doing business.
25
"Operator" means any person on the premises of a sexually oriented business who causes the
business to function or who puts or keeps in operation the business or who is authorized to
manage the business or exercise overall operational control of the business premises. A person
may be found to be operating or causing to be operated a sexually oriented business whether
or not that person is an owner, part owner, or licensee of the business.
"Person" shall mean individual, proprietorship, partnership, corporation, association, or other
legal entity.
"Premises" means the real property upon which the sexually oriented business is located, and
all appurtenances thereto and buildings thereon, including, but not limited to, the sexually
oriented business, the grounds, private walkways, and parking lots and/or parking garages
adjacent thereto, under the ownership, control, or supervision of the licensee, as described in
the application for a business license pursuant to 4.0404 of this ordinance.
"Regularly" means and refers to the consistent and repeated doing of the act so described.
"Semi-Nude Model Studio" means a place where persons regularly appear in a state of seminudity for money or any form of consideration in order to be observed, sketched, drawn,
painted, sculptured, photographed, or similarly depicted by other persons.
This definition does not apply to any place where persons appearing in a state of semi-nudity
did so in a modeling class operated:
(a) By a college, junior college, or university supported entirely or partly by taxation;
(b) By a private college or university which maintains and operates educational programs
in which credits are transferable to college, junior college, or university supported
entirely or partly by taxation; or
(c) In a structure:
(1) Which has no sign visible from the exterior of the structure and no other advertising
that indicates a semi-nude person is available for viewing; and
(2) Where, in order to participate in a class a student must enroll at least three (3) days
in advance of the class.
"Sexual Device" means any three (3) dimensional object designed and marketed for stimulation
of the male or female human genital organ or anus or for sadomasochistic use or abuse of
oneself or others and shall include devices such as dildos, vibrators, penis pumps, and physical
representation of the human genital organs. Nothing in this definition shall be construed to
include devices primarily intended for protection against sexually transmitted diseases or for
preventing pregnancy.
"Sexual Devise Shop" means a commercial establishment that regularly features sexual
devises. Nothing in this definition shall be construed to include any pharmacy, drug store,
medical clinic, or any establishment primarily dedicated to providing medical or healthcare
26
products or services, nor shall this definition be construed to include commercial
establishments which do not restrict access to any portion of their premises by reason of age.
"Sexual Encounter Center" shall mean a business or commercial enterprise that, as one of its
principal business purposes, purports to offer for any form of consideration, physical contact
in a form of wrestling or tumbling between persons of the opposite sex when one or more of
the persons is semi-nude.
“Adult Alternative Lifestyle Community Center” means a business or commercial enterprise
or club in which adults, in a state of nudity or semi-nudity, gather with a purpose of physically
expressing alternative lifestyles. This definition shall not apply to not-for-profit organizations
whose principal purpose is the advocacy of alternative lifestyle support.
"Sexually Oriented Business" means an "adult bookstore or adult video store," an "adult
cabaret," an "adult motel," an "adult motion picture theater," "a semi-nude model studio,"
"sexual devise shops," "sexual encounter center," or an “Adult Alternative Lifestyle
Community Center.”
"Specified Anatomical Areas" means and includes:
(a) Less than completely and opaquely covered: human genitals, pubic region; buttock;
and female breast below a point immediately above the top of the areola; and
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely
covered.
"Specified Criminal Activity" means any of the following specified crimes for which less than
five (5) years elapsed since the date of conviction or the date of release from confinement for
the conviction, whichever is the later date:
(a) a sex crime as defined in S.D. Codified Laws § 22-22-30 (1) - (14);
(b) prostitution or promotion of prostitution, as defined in S.D. Codified Laws § 22-23-1
and § 22-23-2;
(c) an obscenity or public indecency offense as defined in S.D. Codified Laws Chapter 2224;
(d) a controlled substance offense as defined in S.D. Codified Laws § 22-42-2;
(e) attempt, conspiracy, or solicitation to commit any of the foregoing offenses; or
(f) any offense in another jurisdiction that, had the predicate act(s) been committed in
South Dakota, would have constituted any of the foregoing offenses.
"Specified Sexual Activity" means any of the following:
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(a) intercourse, oral copulation, masturbation or sodomy; or
(b) excretory functions as a part of or in connection with any of the activities described in
(a) above.
(c) Human genitals in a sate of sexual stimulation or arousal;
(d) Fondling or other erotic touching of the human genitals, pubic region, buttocks, anus,
or female breast
"Substantial" means at least thirty-five percent (35%) of the item(s) so modified.
"Transfer of Ownership or Control" of a sexually oriented business shall mean any of the
following:
(a) The sale, lease, or sublease of the business;
(b) The transfer of securities which constitute an influential interest in the business,
whether by sale, exchange, or similar means; or
(c) The establishment of a trust, gift, or other similar legal device which transfers the
ownership or control of the business, except for transfer by bequest or other operation
of law upon the death of the person possessing the ownership or control.
"Viewing Room" shall mean the room, booth, or area where a patron of sexually oriented
business would ordinarily be positioned while watching a film, videocassette, or other video
reproduction.
4.0303
Classification. The classifications for sexually oriented businesses shall be as follows:
(a) Adult bookstores or adult video stores;
(b) Adult cabarets;
(c) Adult motels;
(d) Adult motion picture theaters;
(e) Semi-nude model studios;
(f) Sexual device shops;
(g) Sexual encounter centers.
.
(h) Adult alternative lifestyle community centers.
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4.0304
License required.
(a) It shall be unlawful for any person to operate a sexually oriented business in the City
without a valid sexually oriented business license.
(b) It shall be unlawful for any person to be an "employee," as defined in this Chapter, of a
sexually oriented business in the City without a valid sexually oriented business employee
license.
(c) An applicant for a sexually oriented business license or sexually oriented business
employee license shall file in person at the office of the Finance Officer a completed
application made on a form provided by the City Finance Officer. The application shall be
signed as required by Subsection (e) herein and shall be notarized. An application shall be
considered complete when it contains, for each person required to sign the application, the
information and/or items required in Paragraphs 1 through 7 below, accompanied by the
appropriate fee identified in 4.0306:
(1) The applicant's full true name and any other names used by the applicants in the
preceding five (5) years.
(2) Current business address or another mailing address of the applicant.
(3) Written proof of age, in the form of a driver's license or a copy of a birth certificate
accompanied by a picture identification document issued by a governmental agency.
(4) If the application is for a sexually oriented business license, the business name,
location, legal description, mailing address and phone number of the sexually oriented
business.
(5) If the application is for a sexually oriented business license, the name and business
address of the statutory agent or other agent authorized to receive service of process.
(6) A statement of whether an applicant has been convicted of or has pled guilty or nolo
contendere to a specified criminal activity as defined in this ordinance, and if so, each
specified criminal activity involved, including the date, place, and jurisdiction of each
as well as the dates of conviction and release from confinement, where applicable.
(7) A statement of whether any sexually oriented business in which an applicant has had
an influential interest, has, in the previous five (5) years (and at a time during which
the applicant had the influential interest):
(i) been declared by a Court of Law to be a nuisance; or
(ii) been subject to a Court Order of closure or padlocking.
The information provided pursuant to Paragraphs 1 through 7 of this Subsection shall be
supplemented in writing by certified mail, return receipt requested, to the City Finance
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Officer's Office within ten (10) working days of a change of circumstances which would
render the information originally submitted false or incomplete.
(d) An application for a sexually oriented business license shall be accompanied by a legal
description of the property where the business will be located and a sketch or diagram
showing the configuration of the premises, including a statement of total floor space to be
occupied by the business. The sketch or diagram need not be professionally prepared but
shall be drawn to a designated scale or drawn with marked dimensions of the interior of
the premises to an accuracy of plus or minus six (6) inches. Applicants who are required to
comply with 4.0314 and 4.0318 of this Chapter shall submit a diagram indicating that the
interior configuration meets the requirements of those Sections.
(e) If a person who wishes to operate a sexually oriented business is an individual, he shall
sign the application for a license as applicant. If a person who wishes to operate a sexually
oriented business is other than an individual, each person with an influential interest in the
business shall sign the application for a license as applicant. Each applicant must be
qualified under 4.0305 and each applicant shall be considered a licensee if a license is
granted.
(f) The information provided by an applicant in connection with an application for a license
under this Chapter shall be maintained by the City's Finance Officer on a confidential basis,
and such information may be disclosed only as may be required, and only to the extent
required, by Court Order.
4.0305
Issuance of license.
(a) Upon the filing of a completed application under 4.0304 for a sexually oriented business
license, the Finance Officer shall immediately issue a Temporary License to the applicant,
which Temporary License shall expire upon the final decision of the City to deny or grant
an annual license. Within twenty (20) days of the filing date of a completed sexually
oriented business license application, the Finance Officer shall issue a license to the
applicant or issue to the applicant a letter of intent to deny the application.
The Finance Officer shall issue a license unless:
(1) An applicant is less than eighteen (18) years of age.
(2) An applicant has failed to provide information as required by 4.0304 for issuance of a
license or has falsely answered a question or request for information on the application
form.
(3) The license application fee required by this Chapter has not been paid.
(4) The sexually oriented business, as defined herein, is not in compliance with the interior
configuration requirements of this Chapter or is not in compliance with locational
requirements of this ordinance or any other part of the Ordinances of the City, or the
Ordinances of Lincoln County, South Dakota, or the statutes of the State of South
Dakota.
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(5) Any sexually oriented business in which the applicant has had an ownership interest,
has, in the previous five (5) years (and at a time during which the applicant had the
ownership interest):
(i) been declared by a Court of Law to be a nuisance; or
(ii) been subject to an Order of closure or padlocking.
(6) An applicant has been convicted of or pled guilty or nolo contendere to a specified
criminal activity, as defined in this Ordinance.
(b) Upon the filing of a completed application under 4.0304 (c) for a sexually oriented business
employee license, the Finance Officer shall immediately issue a Temporary License to the
applicant, which Temporary License shall expire upon the final decision of the City to deny
or grant an annual license. Within twenty (20) days of the filing date of a completed
sexually oriented business employee license application, the Finance Officer shall either
issue a license or issue a written notice of intent to deny a license to the applicant. The
Finance Officer shall approve the issuance of a license unless:
(1) The applicant is less than eighteen (18) years of age.
(2) The applicant has failed to provide information as required by 4.0304 for issuance of
a license or has falsely answered a question or request for information on the
application form.
(3) The license application fee required by this Chapter has not been paid.
(4) Any sexually oriented business in which the applicant has had an influential interest,
has in the previous five (5) years (and at a time during which the applicant had the
influential interest):
(i) been declared by a Court of Law to be a nuisance; or
(ii) been subject to an Order of closure or padlocking.
(5) The applicant has been convicted of or pled guilty or nolo contendere to a specified
criminal activity, as defined in this Ordinance.
(c) The license, if granted, shall state on its face the name of the person or persons to whom it
is granted, the number of the license issued to the licensee(s), the expiration date, and, if
the license is for a sexually oriented business, the address of the sexually oriented business.
The sexually oriented business license shall be posted in a conspicuous place at or near the
entrance to the sexually oriented business so that it may be read at any time. A sexually
oriented business employee shall keep the employee's license on his or her person or on
the premises where the licensee is when working or performing.
4.0306
Fees.
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(a) The initial license and annual renewal fees for sexually oriented business licenses and
sexually oriented business employee licenses shall be as follows: One Hundred dollars
($100.00) for the initial fee for a sexually oriented business license and Fifty dollars
($50.00) for annual renewal; Fifty dollars ($50.00) for the initial sexually oriented business
employee license and Twenty-Five dollars ($25.00) for annual renewal.
4.0307
Inspection.
(a) Sexually oriented businesses and sexually oriented business employees shall permit any
duly acting law enforcement officer, including but not limited to the City police officers,
Lincoln County Sheriff or deputies, to inspect, from time to time on an occasional basis,
the portions of the sexually oriented business premises where patrons are permitted, for the
purpose of ensuring compliance with the specific regulations of this Chapter, during those
times when the sexually oriented business is occupied by patrons or is open to the public.
This section shall be narrowly construed by the City to authorize reasonable inspection of
the licensed premises pursuant to this Chapter, but not to authorize a harassing or excessive
pattern of inspections.
(b) The provisions of this Section do not apply to areas of an adult motel which are currently
being rented by a customer for use as a permanent or temporary habitation.
4.0308
Expiration of license.
(a) Each license shall remain valid for a period of one (1) calendar year from the date of
issuance unless otherwise suspended or revoked. Such license may be renewed only by
making applications and payment of a fee as provided in 4.0304 and 4.0306.
(b) Application for renewal should be made pursuant to the procedures set forth in 4.0304 at
least ninety (90) days before the expiration date, and when made less than ninety (90) days
before the expiration date, the expiration of the license will not be affected.
4.0309
Suspension.
(a) The City shall issue a written letter of intent to suspend a sexually oriented business license
for a period not to exceed thirty (30) days if the sexually oriented business licensee has
knowingly violated this Chapter or has knowingly allowed an employee to violate this
Chapter.
(b) The City shall issue a written letter of intent to suspend a sexually oriented business
employee license if the employee has knowingly violated this Chapter.
4.0310
Revocation.
(a) The City shall issue a letter of intent to revoke a sexually oriented business license or a
sexually oriented business employee license, as applicable, if the licensee knowingly
violates this Chapter or has knowingly allowed an employee to violate this Chapter and the
licensee's license has been suspended within the previous twelve (12) month period.
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(b) The City shall issue a written intent to revoke a sexually oriented business license and/or a
sexually oriented business employee license, as applicable, if:
(1) The licensee has knowingly given false information in the application for the sexually
oriented business license.
(2) The licensee has knowingly or recklessly engaged in or allowed possession, use, or
sale of controlled substance on the premises;
(3) The licensee has knowingly or recklessly engaged in or allowed prostitution on the
premises;
(4) The licensee knowingly or recklessly operated the sexually oriented business during a
period of time when the license was finally suspended or revoked; or
(5) The licensee has knowingly or recklessly engaged in or allowed any specified sexual
activity to occur in or on the licensed premises.
(c) The fact that any relevant conviction is being appealed shall have no effect on the
revocation of the license, provided that, if any conviction which serves as a basis of a
license revocation is overturned or reversed on appeal, that conviction shall be treated as
null and of no effect for revocation purposes.
(d) When, after the Notice and Hearing procedure described in 4.0411, the City Council
revokes a license, the revocation shall continue for two (2) years and the licensee shall not
be issued a sexually oriented business license or sexually oriented business employee
license for two (2) years from the date revocation becomes effective.
4.0311
Hearing; denial, revocation, and suspension; appeal.
(a) When the Finance Officer issues a written notice of intent to deny, suspend, or revoke a
license, the Finance Officer shall immediately send such Notice, which shall include the
specific grounds under this Ordinance for such action, to the applicant or license
(Respondent) by personal delivery or certified mail. The Notice shall be directed to the
most current business address or other mailing address on file with the Finance Officer for
the Respondent. The Notice shall specify a date, not less than ten (10) days nor more than
twenty (20) days after the date the Notice is issued, on which the City Council shall conduct
a Hearing on the Finance Officer's intent to deny, suspend, or revoke the license.
At the Hearing, the Respondent shall have the opportunity to present all of Respondent's
arguments and to be represented by counsel, present evidence and witnesses on his or her
behalf, and cross-examine any of the Finance Officer's witnesses. The Finance Officer
shall also be represented by counsel, and shall bear the burden of proving the grounds for
denying, suspending, or revoking the license. The Hearing shall take no longer than two
(2) days, unless extended at the request of the Respondent to meet the requirements of due
process and proper administration of justice. The City Council shall issue a written
33
decision, including specific reasons for the decision pursuant to this Ordinance, to the
Respondent within five (5) days after the Hearing.
If the decision is to deny, suspend, or revoke the license, the decision shall not become
effective until the thirtieth (30th) day after it is rendered, and the decision shall include a
statement advising the Respondent of the right to appeal such decision to a Court of
competent jurisdiction. If the City Council's decision finds that no grounds exist for denial,
suspension, or revocation of the license, the City Council shall, contemporaneously with
the issuance of the decision, order the Finance Officer to immediately withdraw the intent
to deny, suspend, or revoke the license and to notify the respondent in writing by certified
mail of such action. If the Respondent is not yet licensed, the Finance Officer shall
contemporaneously therewith issue the license to the applicant.
(b) If any court action challenging the City Council's decision is initiated, the City Council
shall prepare and transmit to the Court a transcript of the Hearing within ten (10) days after
receiving written Notice of the filing of the Court action. The City Council shall consent
to expedited briefing and/or disposition of the action, shall comply with any expedited
schedule set by the Court, and shall facilitate prompt judicial review of the proceedings.
The following shall apply to any sexually oriented business that is in operation as of the
effective date of this Ordinance: Upon the filing of any Court action to appeal, challenge,
restrain, or otherwise enjoin the City's enforcement of the denial, suspension, or revocation,
the City shall immediately issue the Respondent a Provisional License. The Provisional
License shall allow the Respondent to continue operation of the sexually oriented business
or to continue employment as a sexually oriented business employee and will expire upon
the Court's entry of a Judgment on the Respondent's appeal or other action to restrain or
otherwise enjoin the City's enforcement.
4.0312
Transfer of license. A licensee shall not transfer his or her license to another, nor shall a
licensee operate a sexually oriented business under the authority of a license at any place other
than the address designated in the sexually oriented business license application.
4.0313
Hours of operation. No sexually oriented business shall be or remain open for business between
2:00 a.m. and 6:00 a.m. on any day.
4.0314
Regulations pertaining to exhibition of sexually explicit films or videos.
(a) A person who operates or causes to be operated a sexually oriented business, other than an
adult motel, which exhibits on the premises in a viewing room of less than one hundred
fifty (150) square feet of floor space, a film, video cassette, or other video reproduction
characterized by an emphasis on the display of specified sexual activities or specified
anatomical areas shall comply with the following requirements:
(1) Each application for a sexually oriented business license shall contain a diagram of the
premises showing the location of all operator's stations, viewing rooms, overhead
lighting fixtures, video cameras and monitors installed for monitoring purposes and
restrooms, and shall designate all portions of the premises in which patrons will not be
permitted. Restrooms shall not contain video reproduction equipment. The diagram
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shall also designate the place at which the permit will be conspicuously posted, if
granted. A professionally prepared diagram in the nature of an engineer's or architect's
blueprint shall not be required; however, each diagram shall be oriented to the north or
to some designated street or object and shall be drawn to a designated scale or with
marked dimensions sufficient to show the various internal dimensions of all areas of
the interior of the premises to an accuracy of plus or minus six (6) inches. The Finance
Officer may waive the foregoing diagram for renewal applications if the applicant
adopts a diagram that was previously submitted and certifies that the configuration of
the premises has not been altered since it was prepared.
(2) It shall be the duty of the operator, and of any employees present on the premises, to
ensure that no patron is permitted access to any area of the premises which has been
designated as an area in which patrons will not be permitted in the application filed
pursuant to Paragraph 1 on this Subsection.
(3) The interior premises shall be equipped with overhead lighting fixtures of sufficient
intensity to illuminate every place to which patrons are permitted access at an
illumination of not less than five (5.0) foot candles as measured at the floor level. It
shall be the duty of the operator, and of any employees present on the premises, to
ensure that the illumination described above is maintained at all times that the premises
is occupied by patrons or open for business.
(4) It shall be the duty of the operator, and of any employees present on the premises, to
ensure that no sexual activity occurs in or on the licensed premises.
(5) It shall be the duty of the operator to post conspicuous signs in well-lighted entry areas
of the business stating all of the following:
(i) That the occupancy of viewing rooms is limited to one person.
(ii) That sexual activity on the premises is prohibited.
(iii) That the making of openings between viewing rooms is prohibited.
(iv) That violators will be required to leave the premises.
(v) That violations of Subparagraphs (b), (c) and (d) of this paragraph are unlawful.
(6) It shall be the duty of the operator to enforce the regulations articulated in (5)(i) through
(iv) above.
(7) The interior of the premises shall be configured in such a manner that there is an
unobstructed view from the operator's station of every area of the premises, including
the interior of each viewing room but excluding restrooms, to which any patron is
permitted access for any purpose. An operator's station shall not exceed thirty-two
(32) square feet of the floor area. If the premises has two (2) or more operator's stations
designated, then the interior of the premises shall be configured in such a manner that
there is an unobstructed view of each area of the premises to which any patron is
35
permitted access for any purpose from at least one of the operator's stations. The view
required in this paragraph must be by direct line of sight from the operator's station. It
is the duty of the operator to ensure that at least one (1) employee is on duty and
situated in an operator's station at all times that any patron is in the area monitored by
direct line of sight from that operator's station. It shall be the duty of the operator, and
it shall also be the duty of any employees present on the premises, to ensure that the
view area specified in this paragraph remains unobstructed by any doors, curtains,
walls, merchandise, display racks or other materials or enclosures at all times that any
patron is present on the premises.
(b) It shall be unlawful for a person having a duty under this section to knowingly fail to fulfill
that duty.
4.0315
Loitering, exterior lighting, visibility, and monitoring requirements.
(a) It shall be the duty of the operator of a sexually oriented business to: (1) post conspicuous
signs stating that no loitering is permitted on such property; (2) designate one or more
employees to monitor the activities of persons on such property by visually inspecting such
property at least once every ninety (90) minutes or inspecting such property by use of video
cameras and monitors; and (3) provide lighting of the exterior premises to provide for
visual inspection or video monitoring to prohibit loitering. If used, video cameras and
monitors shall operate continuously at all times that the premises are open for business.
The monitors shall be installed within an operator's station.
(b) It shall be unlawful for the person having a duty under this section to knowingly fail to
fulfill that duty.
(c) No sexually oriented business shall erect a fence, wall, or other barrier that prevents any
portion of the parking lot (s) for the establishment from being visible from a public right
of way.
4.0316
Penalties and enforcement.
(a) A person who knowingly violates, disobeys, omits, neglects, or refuses to comply with or
resists the enforcement of any of the provisions of this Chapter shall be guilty of a Class 2
Misdemeanor. Each day a violation is committed, or permitted to continue, shall constitute
a separate offense and shall be fined as such.
(b) The City's attorney is hereby authorized to institute civil proceedings necessary for the
enforcement of this Ordinance to prosecute, restrain, or correct violations hereof. Such
proceedings, including injunctions, shall be brought in the name of the City, provided,
however, that nothing in this Section and no action taken hereunder, shall be held to
exclude such criminal or administrative proceedings as may be authorized by other
provisions of this Ordinance, or any of the laws or ordinances in force in the City or to
exempt anyone violating this Code or any part of the said laws from any penalty which
may be incurred.
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4.0317
Applicability of Ordinance to existing businesses. All existing sexually oriented businesses
and sexually oriented business employees are hereby granted a De Facto Temporary license to
continue operation or employment for a period of ninety (90) days following the effective date
of this Ordinance. By the end of said ninety (90) days, all sexually oriented businesses and
sexually oriented business employees must conform to and abide by the requirements of this
Chapter.
4.0318
Prohibited activities. It is unlawful for a sexually oriented business to knowingly violate the
following regulations or to knowingly allow an employee or any other person to violate the
following regulations.
(a) It shall be a violation of this Ordinance for a patron, employee, or any other person to
knowingly or intentionally, in a sexually oriented business, appear in a state of nudity,
regardless of whether such public nudity is expressive in nature.
(b) It shall be a violation of this Ordinance for a person to knowingly or intentionally, in a
sexually oriented business, appear in a semi-nude condition unless the person is an
employee who, while semi-nude, remains at least six (6) feet from any patron or customer
on a stage at least eighteen (18) inches from the floor in a room of at least eight hundred
(800) square feet.
(c) It shall be a violation of this Ordinance for any employee, who generally appears in a state
of nudity in a sexually oriented business, to knowingly or intentionally touch or fondle a
customer or the clothing of a customer on the premises of a sexually oriented business.
(d) It shall be a violation of this Ordinance for any person to sell, use, or consume alcoholic
beverages on the premises of a sexually oriented business.
(e) It shall be a violation of this ordinance to allow a person under the age of eighteen (18)
years on the premises of an adult oriented business.
A sign in a form to be prescribed by the Finance Officer and summarizing the provisions
of Paragraphs (a), (b), (c),(d), and (e) of this Section, shall be posted near the entrance of
the sexually oriented business in such a manner as to be clearly visible to patrons upon
entry.
4.0319
Scienter required to prove violations or business licensee liability. This Ordinance does not
impose strict liability. Unless a culpable mental state is otherwise specified herein, a showing
of a knowing or reckless mental state is necessary to establish a violation of a provision of this
Ordinance. Notwithstanding anything to the contrary, for the purposes of this Ordinance, an
act by an employee that constitutes grounds for suspension or revocation of that employee's
license shall be imputed to the sexually oriented business licensee for purposes of finding a
violation of this Ordinance, or for purposes of license denial, suspension, or revocation, only if
an officer, director, or general partner, or a person who managed, supervised, or controlled the
operation of the business premises, knowingly or recklessly allowed such act to occur on the
premises. It shall be a defense to liability that the person to whom liability was imputed was
powerless to prevent the act.
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4.0320
Failure of the City to meet deadline not to risk applicant/licensee right. In the event that a City
official is required to take an act or do a thing pursuant to this Ordinance within a prescribed
time, and fails to take such act or do such thing within the time prescribed, said failure shall
not prevent the exercise of constitutional rights of an applicant or licensee. If the act required
of the City official under this Ordinance, and not completed in the time prescribed, includes
approval of conditions) necessary for approval by the City of an applicant or licensee's
application for sexually oriented business license or a sexually oriented business employee's
license (including a renewal), the license shall be deemed granted and the business or employee
allowed to commence operation or employment the day after the deadline for the City's action
has passed.
4.0321
Location of sexually oriented businesses.
(a) The following shall apply only to sexually oriented businesses not established prior to the
effective date of this Ordinance:
It shall be unlawful to establish, operate, or cause to be operated a sexually oriented
business in the City, unless said sexually oriented business is at least:
(1) 750 feet from any parcel occupied by another sexually oriented business or by a
business licensed by the State of South Dakota to sell alcohol at the premises; and
(2) 750 feet from any parcel occupied by a house of worship, day care center, public or
private elementary or secondary school, public park, or any residence.
(b) For the purpose of this Section, measurements shall be made in a straight line in all
directions without regard to intervening structures or objects, from the closest part of any
structure, including signs and roof overhangs, used in conjunction with a sexually oriented
business to the closest point on a property boundary or right-of-way associated with any of
the land use (s) identified in Subsection (a) (1) - (a) (2) above.
(c) If the sexually oriented business use, lot, or occupancy that existed prior to enactment of
this ordinance is discontinued for more than one (1) year for any reason, the City Council
may adopt, after Notice by registered or certified mail to the property owners, an
amortization schedule to bring about the gradual elimination of the nonconforming use, lot,
or occupancy.
4.0322
Severability. This Ordinance and each Section and provision of said Chapter hereunder, are
hereby declared to be independent divisions and subdivisions and, not withstanding any other
evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if
any provisions of said Chapter, or the application thereof to any person or circumstance is held
to be invalid, the remaining Sections or provisions and the application of such Sections and
provisions to any person or circumstances other than those to which it is held invalid, shall not
be affected thereby, and it is hereby declared that such Sections and provisions would have
been passed independently of such Section or provision so known to be invalid. Should any
procedural aspect of this Ordinance be invalidated, such invalidation shall not affect the
enforceability of the substantive aspects of this Ordinance.
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4.0323
Conflicting code provisions repealed. Additionally, any provision (s) in the City's Municipal
Ordinances specifically in conflict with any provision in this Ordinance is hereby deemed
inoperative and repealed.
CHAPTER 4.04 – Marijuana
4.04
Cannabis Establishments
4.0401 – Purpose and Intent. The City Council of the City of Lennox, South Dakota enacts the
following licensing ordinance to ensure that Cannabis/Marijuana establishments within
the municipal boundaries of the City operate in a manner which complies with state
statutes and regulations, protects the health, safety, and welfare of the general public,
prevent potential conflicts and issues arising from ownership and employees,
recognizes certain safety and security considerations, and minimizes the risk of
unauthorized use or access of cannabis by the general public.
4.0402 – Definitions
Unless an alternative definition is explicitly stated in this section, this chapter utilizes the
definitions for cannabis-related terms which are defined by SDCL 34-20G-1 and the
administrative rules promulgated thereunder.
APPLICANT: a person or entity seeking or renewing a cannabis establishment license.
CANNABIS (OR MARIJUANA): all parts of any plant of the genus cannabis, whether
growing or not, in its natural and unaltered state, except for drying or curing and crushing
or crumbling. The term includes an altered state of marijuana absorbed into the human
body. The term does not include fiber produced from the mature stalks of such plant, or oil
or cake made from the seeds of such plant. The term does not include the plant Cannabis
sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts,
cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a
delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on
a dry weight basis.
CANNABIS CULTIVATION FACILITY: in addition to the definition in SDCL 34-20G1, this term is further defined as a legally licensed entity that acquires, possesses, cultivates,
delivers, transfers, transports, supplies, or sells cannabis and related supplies to a cannabis
establishment.
CANNABIS DISPENSARY: in addition to the definition in SDCL 34-20G-1, this term is
further
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defined as a legally licensed entity that acquires, possesses, stores, delivers, transfers,
transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or
related supplies and educational materials.
CANNABIS ESTABLISHMENT: cannabis cultivation facility, a cannabis testing facility,
a cannabis product manufacturing facility, or a cannabis dispensary.
CANNABIS PRODUCT MANUFACTURING FACILITY: in addition to the definition in
SDCL 34-20G-1, this term is further defined as a legally licensed entity that acquires,
possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products
to a cannabis dispensary.
CANNABIS PRODUCTS: any concentrated cannabis, cannabis extracts, and products that
are
infused with cannabis or an extract thereof, and are intended for use or consumption by
humans.
The term includes edible cannabis products, beverages, topical products, ointments, oils,
and Tinctures
CANNABIS TESTING FACILITY: in addition to the definition in SDCL 34-20G-1, this
term is further defined as a legally licensed entity legally authorized to analyze the safety
and potency of cannabis.
DEPARTMENT: the South Dakota Department of Health.
LICENSEE: a person, people, or entity in possession of a cannabis establishment license
issued pursuant to this chapter.
REGISTRATION CERTIFICATE: the certificate of registration issued by the Department
or hiring operator of a cannabis establishment.
4.0402 – License Required
a. No Cannabis Establishment may be located or operate within the municipal
boundaries of Lennox, South Dakota without he appropriate, valid, and current
Cannabis Establishment license issued by the City. A violation of this provision
is subject to penalties of $500 per day, with each day of operation constituting
a separate offense.
b. No Cannabis Establishment may be located or operate within the municipal
boundaries of Lennox, South Dakota without the appropriate, valid, and current
registration certificate issued by the State of South Dakota. A violation of this
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provision is subject to penalties of $500 per day, with each day of operation
constituting a separate offense.
4.0403– License Application
a. An application for a Cannabis Establishment license must be made on the
appropriate form provided by the City of Lennox.
b. The applicant must submit the following:
i. The license application fee as established by Resolution by the City
Council
ii. A complete application, including but not limited to the following
information
1. The legal name of the proposed Establishment;
2. The physical address of the proposed Establishment, and if
applicable, certification from property owner authorizing tenant to
engage in business as a medical cannabis establishment. Only one
application per location is allowed;
3. The zoning of the physical property of the proposed cannabis
establishment;
4. A certification that the location of the prospective cannabis
establishment is not within one thousand feet (1,000 feet) of a public
or private school, meets any other location requirements pursuant to
SDCL Chapter 34-20G and the administrative rules promulgated
thereunder, is in compliance with all City zoning and land use
requirements and, if applicable, applicant will apply for any City
conditional use permitting within 10 days of notification of license
eligibility and that the conditional use process will be completed
within 60 days of the filing of the application for the conditional use
permit unless extended by the City Planning & Zoning Commission
or City Council;
5. The name, address, and birth date of each principal officer, owner,
and board member of the proposed cannabis establishment;
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6. A sworn statement that no principal officer, owner, or board member
has been convicted of a violent felony offense in the previous ten
(10) years in any jurisdiction;
7. A confirmation of a completed current background check for each
owner, officer, board member, agent, volunteer, and employee
associated with or working in the prospective cannabis
establishment, which has been completed within 30 days prior to
submission of the application;
8. A description of appropriate security measures designed to deter and
prevent theft of cannabis and unauthorized entry into any area
containing cannabis as set forth by Chapter 34-20G and the
administrative rules promulgated thereunder and as otherwise
required by the City;
9. Evidence that the proposed cannabis establishment will be in
compliance with South Dakota statutes and regulations regarding
cannabis establishments;
10. A certification that, upon the issuance of a license, employees shall
permit any duly acting law enforcement officer, code official, or
zoning official, including but not limited to the City police officers,
Lincoln County Sheriff or deputies, to inspect, from time to time on
an occasional basis, the portions of the business premises for the
purpose of ensuring compliance with the specific regulations of this
Chapter, during those times when the business is occupied by
patrons, is open to the public, or during other operating hours. This
section shall be narrowly construed by the City to authorize
reasonable inspection of the licensed premises pursuant to this
Chapter, but not to authorize a harassing or excessive pattern of
inspections.
11. Additional information as requested by the City of Lennox.
4.0404– Conditional Use Permit
All cannabis establishments shall require a conditional use permit. In granting a
conditional use permit for any cannabis establishment, the City may impose such
additional reasonable requirements as it deems appropriate to mitigate or prevent
harmful secondary effects of cannabis establishments. In imposing such conditions,
the City may rely on studies and information available at the time the permit is
issued. The cannabis establishment must positively comply with all the current
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zoning, health and building regulations that apply to the site and building at the
time of application for the Conditional Use Permit. In addition to other factors that
may be properly considered in the grant of denial of a variance or conditional use
permit, the following factors shall be relevant for variance and conditional use
requests relating to cannabis establishments:
A. That the proposed land use is consistent with the intent of this chapter and
will not be contrary to public interest or injurious to nearby properties.
B. That the proposed land use will not cause or contribute to the formation or
expansion of blighted area.
C. That the City is able to provide the estimated water and sewer needs for the
cannabis establishment(s)’ operations.
D. That all applicable ordinances and regulations will be observed.
4.0405– License Issuance
a. The City of Lennox shall issue a license unless:
i. The applicant has made false or misleading statements on the application
or has submitted false or misleading documents; or
ii. Any owner, principal officer, board member, agent, volunteer, or
employee of the applicant is under the age of twenty-one (21) years; or
iii. Any owner, principal officer, board member, agent, volunteer, or
employee of the applicant has been convicted of a violent felony offense
in the previous ten (10) years in any jurisdiction; or
iv. The proposed location does not meet City zoning requirements for a
Cannabis Establishment; or
v. The proposed location does not meet all location requirements mandated
by South Dakota statutes and regulations; or
vi. Any owner, principal officer, or board member of the applicant has served
as a principal officer or board member for a medical cannabis
establishment that has had its license revoked by the City of Lennox,
South Dakota or has had its registration certificate revoked by the State of
South Dakota; or
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vii. Any applicant, owner, principal officer, or board member is overdue in
payment to the City of taxes, fees, fines, or penalties assessed against or
imposed upon the applicant in relation to any violations.
b. The City of Lennox shall reject any application received if the limit on the
number of dispensaries has been reached.
c. Any Cannabis Establishment license must be posted in a conspicuous place at
or near the entrance to the establishment so that it may be easily read at any
time.
4.0406- Number of Cannabis Dispensaries
a. The City of Lennox will permit no more than three (3) Cannabis Dispensaries
to operate within the City’s municipal boundaries at any time.
4.0407- Inspection
a. Each cannabis establishment licensee and its agents shall permit any duly acting
law enforcement officer, including but not limited to the City police officers,
Lincoln County Sheriff or deputies, as wells as state or local licensing
authorities and their investigators to inspect, during business hours and from
time to time on an occasional basis, the cannabis establishment for the purpose
of ensuring compliance with the specific regulations of this Chapter. This
section shall be narrowly construed by the City to authorize reasonable
inspection of the licensed premises pursuant to this Chapter, but not to authorize
a harassing or excessive pattern of inspections.
4.0407- Expiration and Renewal of License
a. Each Cannabis Establishment license shall expire on December 31 of each
calendar year and must be renewed prior to expiration. Applications for
renewal must be submitted at least thirty (30) days prior to the expiration date.
The license holder must continue to meet the license requirements to be eligible
for renewal.
b. License renewal fees will be established by Resolution of the City Council.
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c. Failure to renew a license in accordance with this section may result in
additional fees and penalties. Upon expiration of a Cannabis Establishment
license, the City may order the closure of that Cannabis Establishment.
d. If a license holder has not operated a Cannabis Establishment for which it holds
a license in the preceding twelve (12) months, the license will not be renewed.
4.0408- Suspension of License
a. A Cannabis Establishment license may be suspended if the license holder or an
employee or agent of the license holder:
i. Violates or is otherwise not in compliance with any requirements of this
ordinance;
ii. Consumes or smokes or allows any person to consume or smoke
cannabis/marijuana on the premises of the cannabis establishment; or
iii. Knowingly dispenses or provides cannabis products to an individual or
business to whom it is unlawful to provide cannabis or cannabis products.
iv. Fails to allow entry to the licensed premises to any law enforcement
officers in the course and scope of their employment.
b. A Cannabis Establishment license may be suspended if the license holder has
its Department-issued registration certificate suspended, revoked, or otherwise
not renewed by the Department or if the registration certificate is expired.
c. A Cannabis Establishment license may be suspended if the license holder
creates or allows to be created a public nuisance at the establishment.
d. A Cannabis Establishment license may be suspended if the City finds that the
establishment is not in compliance with South Dakota regulations.
4.0409- Revocation of License
a. A Cannabis Establishment license may be revoked if the license is suspended
under this ordinance and the cause for the suspension is not remedied within 30
days.
b. A Cannabis Establishment license may be revoked if the license is subject to
suspension under this ordinance and has previous been suspending in the
preceding 24 months.
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c. A Cannabis Establishment license may be revoked if the license holder or
employee of the license holder:
i. Gives false or misleading information in the material submitted during the
application process; or
ii. Knowingly allows possession, use, or sale of non-cannabis controlled
substances on the premises of the establishment; or
iii. Operated the cannabis establishment for which a license is required under
this ordinance while the license is suspended; or
iv. Repeated violations of this ordinance; or
v. A license holder, or an owner, principal officer, or board member thereof,
is delinquent in payment to the City, county, or state for any taxes or fees
related to the establishment; or
vi. A license holder, or an owner, principal officer, or board member thereof
has been convicted of, or continues to employ a person who has been
convicted of, a disqualifying felony offense as defined by SDCL 34-20G;
or
vii. A license holder has its Department-issued registration certificate
suspended, revoked, or not renewed; or
viii. A license holder allows a public nuisance to continue after notice from the
City of Lennox
4.0410- Suspension and Revocation Process
a. The license holder will receive a Notice of Intent to suspend or revoke
informing the license holder of the violation and of the City’s intent to suspend
or revoke the license. The notice shall be mailed to the license holder via
certified mail, to the physical address of the establishment.
b. If the license holder disputes the suspension or revocation, the license holder
may request a hearing before the Board of Adjustment by requesting one within
ten (10) days of receiving the Notice of Intent. This request must be handdelivered or mailed to:
City of Lennox
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Attn: Zoning Administrator
PO Box 228
Lennox, SD 57039
c. A suspension will be thirty (30) days in length, and shall begin ten (10) days
after the postmarked date on the Notice of Intent, unless the license holder has
elected to exercise its rights to process and appeal, in which case the suspension
shall take effect upon the final determination of suspension.
d. A revocation will be for one (1) year and shall begin ten (10) days after the
postmarked date on the Notice of Intent, unless the license holder has elected
to exercise its rights to process and appeal, in which case the suspension shall
take effect upon the final determination of suspension.
e. The license holder who has had their license revoked will not be eligible for a
new license for one year from the date the revocation became effective
4.0411- Appeal
a. An applicant or license holder who has been denied a license or renewal of a
license, or has had a license suspended or revoked, may appeal to the City
Council by submitting a written appeal within ten (10) days of the postmark on
the notice of denial, non-renewal, suspension, or revocation. The written appeal
must be submitted to:
City of Lennox
Attn: City Administrator
PO Box 228
Lennox, SD 57039
b. The appeal will be considered by the City Council at a regularly scheduled
meeting within 30 days of receipt of the appeal.
4.0412- Licenses Not Transferrable
a. No Cannabis Establishment license holder may transfer their license to any
other person or entity, nor may a license holder operate a cannabis
establishment at any place other than the address designated on the application.
4.0413- Liability for Violations.
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a. Notwithstanding anything to the contrary, for the purposes of this ordinance, an
act by an employee or agent of any Cannabis Establishment that constitutes
grounds for suspension or revocation will be imputed to the Cannabis
Establishment license holder for purposes of finding a violation of this
ordinance, or for purposes of license denial, suspension, or revocation, only if
an officer, director, or general partner or a person who managed, supervised or
controlled the operation of the establishment, knowing allowed such act to
occur on the premises.
4.0414- Penalties.
a. Any person who operates or causes to be operated a Cannabis Establishment
without a valid license or is otherwise in violation of this ordinance is subject
to a suit for injunction as well as prosecution for ordinance violations. Such
violations are punishable by a maximum fine of $500 per day, with each day of
operation deemed a separate offense or violation.
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TITLE 5 - OFFENSES
Chapter 5.01 - Alcoholic Beverages
Chapter 5.02 - Offenses Against Public Welfare
Chapter 5.03 - Animals
Chapter 5.04 - Fireworks, Firearms and Explosives
Chapter 5.05 - Minors
CHAPTER 5.01 - ALCOHOLIC BEVERAGES
5.0101
Definitions. The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Alcoholic beverage, wine, malt beverage and distilled spirits and other such words and terms
mean the same as the definitions given them by SDCL 35-1-1.
5.0102
Traffic in Alcoholic Beverages. No person shall produce, transport, store or sell within the
City, or within one mile of its territorial limits, any alcoholic beverage, except as authorized by
SDCL Title 35.
5.0103
Application for License to Conduct Business Pursuant to this Chapter. Any person desiring to
enter into the alcoholic beverage business in the City shall submit an application for a license
under the provisions of SDCL Title 35, Alcoholic Beverages, to the City Finance Officer.
5.0104
Action by City Council. The City Council may approve or disapprove an application for a
license depending on whether the City Council deems the applicant a suitable person to hold
the license and whether the council considers the proposed location suitable. The City Council
may, in their discretion, require the applicant to appear personally at any meeting of the City
Council and to answer any question which may be asked pertaining to the applicant or the place
of business which may in any way pertain to the carrying on of the business applied for. (SDCL
35-2-1.2)
5.0105
Violation as Ground for Revocation or Suspension of License. The City Council may revoke
or suspend any license issued under this chapter and SDCL Title 35 upon proof of violation by
the licensee, the licensee’s agents or employees, or by the manager or contractual operators of
retail establishments and their agents or employees operating under a City license, or any of
the following:
A.
B.
C.
Any provision of SDCL Title 35;
Any rule promulgated pursuant to SDCL Title 35; or
Any ordinance or regulation relevant to alcoholic beverage control that has been adopted
by the City.
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For any licensee with multiple alcoholic beverage licenses for the same premises, upon
suspension or revocation of any license issued pursuant to this chapter or SDCL Title 35, such
licensee shall cease operation under all alcoholic beverage licenses held by such licensee for
the same premises for the same period as the suspension or revocation.
5.0106
Annual Additional License Fee for Video Lottery Machines on Licensed Premises. Any person
who is licensed pursuant to SDCL § 35-4-2(4), (6), (11), (12), (13), or (16), and who is issued
a video lottery establishment license pursuant to SDCL § 42-7A-41 must pay an additional
annual fee for locating video lottery machines on the licensed premises. The fee is established
at fifty dollars ($50.00) for each video lottery machine and the fee shall be paid at the same
time and in the same manner as the fees paid on licenses issued pursuant to SDCL § 35-4-2.
All fees received under this section shall be deposited into the general fund of the City. (SDCL
35-4-103)
5.0107
On-Sale and Off-Sale Service and Consumption Restricted.
5.0108
5.0109
A.
No on-sale or off-sale licensee, licensed under SDCL § 35-4-2(3), (4), (5), (6), (9), (11),
(13), or (18), may 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 at any time
on Christmas Day. Such licensees are permitted to sell, serve, or allow to be consumed
alcoholic beverages on Sunday and on Memorial Day, except between the hours of 2:00
a.m. and 7:00 a.m.
B.
No licensee licensed under SDCL 35-4-2(12), (16), (17), (17A), and (19) may sell, serve,
or allow to be consumed on the premises covered by the license, any alcoholic beverages
between the hours of 2:00 a.m. and 7:00 a.m.
Consuming, Blending, Possessing Alcoholic Beverages in Public Places; Disposal of
Containers Containing Alcoholic Beverages Restricted.
A.
It is unlawful for any person to consume any alcoholic beverage upon the premises of a
licensed on- sale dealer if the alcoholic beverage was not purchased from the on-sale
dealer.
B.
It is unlawful for any person to consume any distilled spirits in any public place, other
than upon the premises of a licensed on-sale dealer.
C.
For the purposes of this section the term “public place” means any place, whether in or
out of a building, commonly and customarily open to or used by the general public, and
any street or highway.
D.
Exceptions to this subsection are provided for in Section 5.0109.
Open Container Permitted. Notwithstanding anything herein to the contrary:
A.
No regular on-sale malt beverage licensee may sell or allow to be consumed any malt
beverage outside the building of the licensed premises unless the licensee’s business
50
operates out of a permanent structure and the consumption of the malt beverage occurs
in an outdoor designated area located on the premises of the licensee which is approved
by the City Council.
5.0110
B.
The sales and consumption of alcoholic beverages on a sidewalk or walkway subject to
a public right-of-way abutting a licensed premises, provided that the license holder
derives more than fifty percent (50%) of its gross receipts from the sale of prepared food
for consumption on the licensed premises. The sidewalk or walkway subject to a public
right- of-way shall be immediately adjacent to and abutting the licensed premises. This
provision does not apply to any federal aid-eligible highway unless approved in
accordance with the applicable requirements for the receipt of federal aid.
C.
The City Council may, in its discretion, for community designated events, permit open
containers in public places upon such terms and conditions the City Council may impose.
Wines and Malt Beverages Allowed. The possession and consumption of wines and malt
beverages shall be allowed at the City Park unless otherwise provided by the City Council or
in these ordinances. (SDCL 35-1-5.3)
CHAPTER 5.02 - OFFENSES AGAINST PUBLIC WELFARE
5.0201
Disorderly Conduct. A person shall be guilty of disorderly conduct if, with the purpose of
causing public danger, alarm, disorder, nuisance, or if his conduct is likely to cause public
danger, alarm, disorder or nuisance, he willfully does any of the following acts in a public
place: (SDCL 9-29-3, 22-13-1)
A. Commits an act in a violent and tumultuous manner toward another whereby that other is
placed in danger of life, limb or health;
B. Commits an act in a violent and tumultuous manner toward another whereby the property
of any person is placed in danger of being destroyed or damaged;
C. Causes, provokes or engages in any fight, brawl or riotous conduct so as to endanger the
life, limb, health or property of another, except in exhibitions duly authorized and licensed
under law;
D. Interferes with another's pursuit of a lawful occupation by acts of violence;
E. Obstructs, either singly or together with other persons, the flow of vehicular or pedestrian
traffic and refuses to clear such public way or place when ordered to do so by the City
Police or other lawful authority known to be such;
F. Is in a public place under the influence of an intoxicating liquor or drug in such a condition
as to be unable to exercise care for his own safety or the safety of others;
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G. Resists or obstructs the performance of duties by the City Police or any other authorized
official of the City when known to be such an official;
H. Incites, attempts to incite, or is involved in attempting to incite a riot;
I.
Addresses abusive language or threats to any member of the City Police Department, any
other authorized official of the City who is engaged in the lawful performance of his duties,
or any other person when such words have direct tendency to cause acts of violence. Words
merely causing displeasure, annoyance, or resentment are not prohibited;
J. Damages, befouls or disturbs public property or the property of another so as to create a
hazardous, unhealthy, or physically offensive condition;
K. Makes or causes to be made any loud, boisterous, and unreasonable noise or disturbance
to the annoyance of any other persons nearby, or near to any public highway, road, street,
lane, alley, park, square, or common, whereby the public peace is broken or disturbed, or
the traveling public annoyed;
L. Fails to obey a lawful order to disburse by a police officer, when known to be such an
officer, where one or more persons are committing acts of disorderly conduct in the
immediate vicinity, and the public health and safety is eminently threatened;
M. Throws a stone, snowball or any other missile upon or at any vehicle, building, tree or other
public or private property or upon or at any person in any public or private way or place or
enclosed or unenclosed ground.
As used above, the following definitions shall apply:
A. "Public place" - Any place to which the general public has access in the right resort for
business, entertainment, or other lawful purpose, but not necessarily mean a place devoted
solely to the use of the public.
It shall also include the front or immediate area of any store, shop, restaurant, tavern or
other place of business and also public grounds, areas or parks.
B. "Riot" - A public disturbance involving (i) an act or acts of violence by one or more persons
part of an assemblage of three or more persons, which act or acts shall constitute a clear
and present danger of, or shall result in, damage or injury to the property of another person
or to the person or any other individual or (ii) a threat or threats of the commission of an
act or acts of violence by one or more persons part of an assemblage of three or more
persons having, individually or collectively, the ability of immediate execution of such
threat or threats, where the performance of the threatened act or acts of violence would
constitute a clear and present danger of, or would result in, damage or injury to the property
of any other person or to the person of any other individual.
C. "Inciting riots" - Shall mean, but is not limited to, urging or instigating other persons to
riot, but shall be deemed to mean the mere oral or written advocacy of ideas or expression
52
of belief, not involving advocacy of any act or acts of violence or assertion of the rightness,
or the right to commit, any such act or acts.
This Section shall not be construed to suppress the right to lawful assembly, picketing,
public speaking, or lawful means of expressing public opinion not in contravention with
other laws.
5.0202
False Report of a Crime. No person in the City shall make to, or file with, the Police
Department of the City any false, misleading, or unfounded statement or report concerning the
commission or alleged commission of any crime occurring within the City.
5.0203
Injury or Removal of Public or Private Property. No person shall willfully, maliciously,
wantonly, negligently, or otherwise injure, deface, destroy, or remove real property or
improvements thereto or movable or personal property belonging to the City or to any person
in the City. (SDCL 22-34-1)
Interference with City Property. No person shall climb or in any matter interfere with any
building, water tower, or structure belonging to the City, without being authorized to do so by
the City; and no person shall in any manner injure or deface any such structure.
5.0204
5.0205
Tampering with Service Connections. It shall be unlawful for any person to connect,
disconnect, or otherwise tamper with any service connection of any franchised cable television
company or Broadband Communications Service Company without the express prior approval
from a designated agent of said Cable Television company or Broadband Communications
Service Company.
5.0207
Certain Uses Prohibited. No person shall put up, erect, hang, post, or suffer to remain so placed,
any sign, poster, notice or other advertising matter, upon any telephone, traffic sign, or electric
light pole in the City. (SDCL 9-29-1)
5.0208
Roller skates and Skateboards Prohibited in the Business District. No person shall ride upon,
in or by means of roller skates, coasters, go-carts, skateboards or other similar wheeled device
upon a sidewalk in any business district. (SDCL 9-32-1)
A. Definition as used in this Section:
"Business District" - An area in which 50% or more of the street footage for a distance of
200 ft. or more is occupied by buildings used for business commercial, educational,
governmental or religious purposes and/or is used for parking vehicles either as a parking
lot or a parking ramp.
B. Exception. Provisions of this Section do not apply to:
1. Physically handicapped persons who have been disabled in such a manner as to make
it difficult and burdensome to walk and who use a wheelchair or other wheeled device
on the sidewalk.
2. A wheeled vehicle used to transport a person under five (5) years of age.
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CHAPTER 5.03 - ANIMALS
5.0301
General.
A. Definitions.
1. "At Large"
a. An animal when off the premises of the owner and not under the control of the
owner, possessor, keeper, agent, servant, or member of his immediate family by a
leash.
b. An animal when on the premises of the owner, possessor, keeper, agent, or servant
and not attended by a competent person unless the animal is chained, restrained,
enclosed, or confined in a manner preventing it from leaving the premises or from
reaching the sidewalk.
2. "Leash" = A cord, thong, or chain, not to exceed six feet in length, by which an animal
is controlled by the person accompanying it.
3. "Owner" = any person harboring or keeping an animal or who is head of the household
or owner or manager of the premises where such animal remains.
B. Running at Large. It shall be unlawful for any person to allow any dog, cat or other animal
held as a domestic pet to run at large at any time.
C. Impoundment. A police officer or animal control officer shall impound any animal found
running at large within the City. Once the owner of said animal is ascertained, said owner
shall be notified of the impoundment within 24 hours.
D. Liability. Animal control officers and police officers shall not be responsible for any injury
or disease of any animal resulting from the enforcement of this chapter.
E. Failure to claim. Any impounded animal not claimed by the owner within three days after
receiving notice shall become the property of the City and shall be placed for adoption in
a suitable home or humanely euthanized.
F. Fees. An owner reclaiming an impounded animal shall pay the fees established by City
Council Resolution
G. Conditions for release. The owner of any dog or cat found running at large without a
license tag affixed to its collar shall be subject to a fine as established by City Council
Resolution. The dog or cat will not be released from impound until the applicable fine(s)
has been paid and a license has been issued under the provisions of 5.0309.
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H. Violation. Any owner who allowed his/her animal to run at large is in violation of this
chapter and subject to prosecution of a Class II misdemeanor. Any violation of this chapter
shall be documented by the animal control officer or police officer involved in said incident
by issuing a warning ticket or filing a complaint stating the alleged violation.
5.0302
Compulsory Immunization of Animals for Rabies. Every dog, cat, or other animal held as a
domestic pet in the City, six months of age or older, shall be immunized against rabies by a
licensed veterinarian or other qualified person designated by the City Council. Immunization
against rabies shall be given at such intervals to guarantee immunity, and the minimum time
period between vaccinations shall be determined by the available vaccine and based upon the
recommendations and approval of the State Veterinarian. (SDCL 9-32-1)
Any owner acquiring a dog, cat or other animal by purchase, gift, birth or otherwise, shall have
such animal immunized against rabies within one month following acquisition or when such
animal reaches the age of six months.
Any animal impounded shall not be released by the Pound Master to any person until such
animal has been immunized against rabies, provided, however, no animal so impounded shall
be immunized if the owner can present a certificate of a current immunization having been
previously performed.
All veterinarians or other qualified persons designated to immunize animals against rabies shall
provide the owner at the time of immunization with a certificate or metallic tag showing the
date of the immunization.
Whenever metallic tags are so given for immunizations, such metallic tags shall be worn by all
animals on a collar, harness, or chain when off the premises of the owner.
5.0303
Responsibility of Owner to Place Animal for Observation. When any person owning or
harboring a dog, cat or other animal has been notified that said animal has bitten or attacked
any person, the owner shall within twenty-four (24) hours place the animal under the care and
observation of the contracted animal control provider or a licensed veterinarian for a period not
less than fourteen (14) days.
At the end of the fourteen (14) day observation period, the animal shall be examined by a
licensed veterinarian and if cleared by the veterinarian, may be claimed by the owner upon
paying the expenses incident thereto.
Any animal impounded or placed for observation, showing active signs of rabies, suspected of
having rabies, or known to have been exposed to rabies, shall be confined under competent
observation for such time as may be deemed necessary to determine a diagnosis.
Any person who shall suspect that any animal in the City is infected with rabies, shall report
said animal to the contracted animal control provider, the Police Department, or other health
authority, describing the animal and giving the name and address of the owner if known.
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No person shall knowingly harbor or keep any animal infected with rabies or any animal known
to have been bitten by an animal known to have been infected with rabies.
Any person within the City receiving information or reports of suspected rabies in wild animals
or domestic animals shall report such information to the Police Department of the City. Any
rabid animal may be destroyed by the contracted animal control provider or Police Department
upon authorization in writing by the City Council.
Whenever the contracted animal control provider or Police Department shall have determined
that there is a danger of the existence or spread of rabies in the City, such facts shall be made
known to the City Council in writing. The Council, upon receipt of said facts, may by
resolution, in the interest of public safety and general welfare of the citizenry, order all animals
muzzled when off the premises of the owner. Forty-eight (48) hours after the publication of
said proclamation all animals found off the premises of the owner unmuzzled shall be seized
and impounded or may be immediately destroyed if all reasonable efforts to seize said animals
fail.
5.0304
All animals seized and impounded shall be held for observation as hereinbefore provided for
fourteen (14) days, and if cleared by a licensed veterinarian, may be claimed by the owner upon
paying the expenses incidental thereto. Any animal not claimed may be disposed of as
hereinbefore provided. (SDCL 9-29-12)
Vicious Animals.
A. An animal may be declared to be vicious by the Animal Control Officer, by a
veterinary/physician who attended to the victim of an animal bite, or the Chief of Police,
using the following guidelines:
1. Any animal of known propensity, tendency, or disposition to attack, to cause injury, or
to otherwise threaten the safety of human beings or animals.
2. An animal which, on private property, in a vicious or terrifying manner, approaches in
an apparent attitude of attack, or bites, or inflicts injury, or otherwise attacks a
mailman, meter reader, serviceman, journeyman, delivery man, or other employed
person, or any person or animal who is on private property by reason of permission of
the owner or occupant of such property or who is on private property by reason of a
course of dealing with the owner of such private property.
3. No animal may be declared vicious if the injury or damage is sustained to any person
or animal who is committing a willful trespass or other tort upon premises occupied by
the owner or keeper of the animal, or who was teasing, tormenting, abusing or
assaulting the animal or was committing or attempting to commit a crime.
B. An animal suspected to be vicious shall be taken into custody and impounded. If the animal
is running at large, cannot be captured, and is a public safety risk, it may be destroyed. The
declaration of the vicious animal shall be given to the owner, if known, either verbally or
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in writing left at the owner’s residence. If the animal was not taken into custody, the owner
shall be given 24 hours to bring the animal into custody.
C. If the contracted animal control agency and the Chief of Police determine the animal to be
vicious, the animal shall be euthanized by a licensed veterinarian, and proof of such shall
be provided to the City of Lennox.
5.0305
Disturbance of Peace by Animals.
A. No person owning any dog, cat, or other animal, licensed or un-licensed, confined on the
premises or otherwise, shall permit such animal to disturb the peace and quiet of the
neighborhood by making loud and/or unusual noises.
B. Upon signed complaint at the police department that any person is keeping or harboring
any dog, cat, or other animal which disturbs the peace as herein set forth, it shall be the
duty of said police department to notify the owner of said animal in writing of said
complaint, and after such owner has been given forty-eight (48) hours notice of such habit,
any police officer or person of proper authority is hereby authorized and empowered to go
upon the premises and impound such dog, cat, or other animal so disturbing the peace if
said act continues.
C. In addition to the costs of impounding of such animal or other penalties prescribed, the
owner thereof shall be subject to a fine not to exceed one hundred dollars ($100).
5.0306
Cruelty to Animals. No person shall willfully or negligently maltreat or abuse or neglect in a
cruel or inhumane manner any animal or fowl. It shall be unlawful for any person to willfully
or maliciously administer or cause to be administered, poison of any sort whatsoever to any
animal, on the property of another, with the intent to injure or destroy such animal, or to
willfully or maliciously place any poison or poisoned food where the same is accessible to any
such animal. (SDCL 40-1)
5.0307
Stray, Abandoned, or Unkept Animals. No person shall harbor or keep any stray animals within
the City. Animals known to be strays shall be reported to the Police Department immediately.
The keeping of animals and fowls on any lot in the City shall not be on a commercial basis or
on a scale objectionable to the adjacent property owners, without a permit from the City
Council.
The provisions of this section shall not be applicable to those existing at the time of the effective
date of this ordinance, particularly insofar as permit requirements are concerned. (SDCL 9-2913, 40-1)
5.0308
Livestock in City. No person shall keep or maintain any building or enclosure where
livestock is kept, unless the same be at all times kept in a clean and sanitary condition.
No person shall place, keep, or maintain any live swine, bovine, caprine, equine or ovine
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within the City. The keeping of any fowl shall be by permission of the City Council and
shall be limited to no more than six (6) female fowl. Male fowl, including roosters, are
prohibited.
.
For the purpose of this section, the term “Fowl” shall mean any chicken, guineafowl,
peafowl, or duck.
For the purpose of this section, the term “Livestock” shall mean any animals except common
household pets such as dogs, cats, mice, rats, hamsters, gerbils, guinea pigs, pot-bellied pigs,
rabbits, ferrets, fish, and birds. (SDCL 9-29-13)
Any person found maintaining livestock within the municipal boundary shall be subject to a
fine of $500.
5.0309
Dog License Required. All dogs kept, harbored, or maintained by their owners in the City shall
be licensed and registered if over six (6) months of age. Dog licenses shall be issued by the
Finance Officer upon payment of an annual license fee established by Resolution of the City
Council
Before any license shall be issued under this Section, the applicant shall furnish a certificate of
vaccination issued by a veterinarian licensed to practice within this State evidencing the
vaccination of the dog for which the license is desired, and that the dog has been vaccinated
against rabies and that such vaccination will be good for the license year.
The owner shall state at the time application is made for such license and upon printed forms
provided for such purpose his or her name and address, and the name, breed, color and sex of
each dog to be licensed. The provisions of this Section shall not be intended to apply to dogs
whose owners are nonresidents temporarily within the City, nor to dogs brought into the City
for the purpose of participating in any dog show, nor to "seeing eye" dogs properly trained to
assist blind persons when such dogs are actually being used by blind persons for the purpose
of aiding them in going from place to place.
Upon payment of the license fees, the Finance Officer or their designee shall issue to the owner
a license certificate and metallic tag for each dog so licensed which shall have stamped thereon
the number for which it was issued corresponding with the number on the certificate. Every
owner shall be required to provide each dog with a collar to which the license tag must be
affixed, and shall see that the collar and tag are constantly worn. In case a dog tag is lost or
destroyed, a duplicate will be issued by the Finance Officer or their designee upon presentation
of a receipt showing the payment of the license fee for the current year, and the payment the
fee established by City Council Resolution Dog tags shall not be transferable from one dog to
another and no refunds shall be made on any dog license fee because of death of the dog or the
owner's leaving the City before expiration of the license period. (SDCL 9-29-12)
5.0310
Number of Pets Limited. It is unlawful for any person to have or to keep more than four
domestic pets over the age of six months, except birds and fish, on any lot or premises in the
City, unless such person residing on or in the lot or premises has a valid kennel license issued
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by the City. Humane societies, veterinarian offices, and retail pet stores are exempt from the
provisions of this section.
5.0311
Removal of Excrement. It shall be unlawful for any person who possesses, harbors, or is in
charge of any dog, cat, or animal not to immediately remove excrement deposited by said dog,
cat, or animal upon a common thoroughfare, street, sidewalk, play area, park, or upon any other
public property, or upon any private property when permission of the owner or tenant of said
property has not been obtained, and such is hereby declared to be a public nuisance and
prohibited.
CHAPTER 5.04 - FIREWORKS, FIREARMS AND EXPLOSIVES
5.0401
Discharging Firearms or Air Rifles Prohibited. It shall be unlawful for any person, except a
police officer in the performance of an official act, to discharge or fire any gun, air gun, sling
shot, or other dangerous weapon within the corporate limits of the City of Lennox.
5.0402
Fireworks. It shall be unlawful for any person to throw, light, fire or display in the City of
Lennox any firecrackers, Roman Candles, rockets, or other fireworks or explosives from which
firecrackers, blank cartridges, or other fireworks may be made or manufactured.
Fireworks shall be defined as those fireworks classified by the US Department of
Transportation as Class C (Common) Fireworks (C.F.R. Title 49 - Transportation, Part 173.100
(r)) effective on January 1, 1983, including but not limited to those fireworks designed
primarily to produce visible effects by combustion, that must comply with the construction,
chemical composition, and label regulations promulgated by the US Consumer Products Safety
Commission (C.F.R. Title 16 - Commercial Practices, Part 1507), effective on January 1, 1983.
Public display of fireworks is permitted at any time with the written consent of the City Council.
CHAPTER 5.05 - MINORS
[MINORS SDCL Title 26]
5.0501
Curfew. It shall be unlawful for any boy or girl under the age of eighteen (18) years to be on
the streets, alleys, or public grounds of the City of Lennox between the hours of 11:00 p.m. and
6:00 a.m., on Sunday-Monday, Monday-Tuesday, Tuesday-Wednesday, WednesdayThursday, or Thursday-Friday; and between the hours of 12:30 a.m. and 6:00 a.m. on FridaySaturday or Saturday-Sunday unless accompanied by some person of majority age having
lawful custody or control over said minor or unless on some errand by permission or direction
of his or her parents, guardian, or employer. He or she while on such errand shall not loiter on
the way or make any undue noise by shouting or yelling or otherwise disturb the peace and
quiet of the City.
5.0502
Penalty. Any boy or girl who violates any of the provisions of section 5.0501 shall be subject
to arrest by any police officer or any citizen without process. Upon such arrest, he or she shall
be taken and delivered into the hands of his or her parents or guardian. Upon a second or any
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subsequent arrest, such offender shall be taken by such police officer or person and presented
to the circuit court of Lincoln County to be handled and punished as provided by law. Any
parent or guardian or any person having lawful custody or control of any minor under the age
of eighteen (18) years who shall allow, or permit said minor to violate the provisions of this
chapter shall upon conviction thereof be subject to the penalties established in this ordinance
(Section 11.0101).
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TITLE 6 - STREETS, SIDEWALKS AND PUBLIC PLACES
[STREET AND ALLEY IMPROVEMENTS SDCL 9-45]
[SIDEWALK IMPROVEMENTS SDCL 9-46]
Chapter 6.01 - Street Names and Addresses
Chapter 6.02 - Streets, Sidewalks, Curb and Gutter
Chapter 6.03 - Snow and Ice Removal
Chapter 6.04 - Moving Buildings
Chapter 6.05 - Municipal Trees
Chapter 6.06 - Parks and Recreation Areas
CHAPTER 6.01 - STREET NAMES AND ADDRESSES
6.0101
Official Map. The official map of the City of Lennox shall be those maintained in the office
of the Register of Deeds of Lincoln County, South Dakota.
6.0102
Plats Part of Ordinance. Those plats indicating the names of all streets and avenues of the City
of Lennox, South Dakota, now on file or filed on a future date in the office of the Register of
Deeds of Lincoln County, South Dakota, are hereby incorporated as a part of this ordinance.
6.0103
Names of Streets and Avenues. The names of all streets and avenues in the City shall be fixed
and adopted in accordance with the official map of the City on file in the office of the Register
of Deeds of Lincoln County, South Dakota. All east-west thoroughfares shall be designated as
avenues and all north-south thoroughfares shall be designated as streets. Any such act of
naming, establishing, or vacating any street, alley or other public way in the City shall be so
designated on such map. (SDCL 9-45-2)
6.0104
Numbering Plan. A numbering plan for residences and businesses shall be maintained by the
City. A listing of the assigned numbers and a map showing the location of addresses shall be
maintained and filed in the office of the Finance Officer. The Finance Officer shall be
responsible for assigning new numbers and updating the listing of such numbers and the
location map. (SDCL 9-45-2)
6.0105
Numbering Streets. The dividing line for numbering on all streets running north and south
shall be First Avenue. The dividing line for numbering all avenues running east and west shall
be Main Street. All streets and parts of streets running south from First Avenue shall be
designated by prefixing to the names thereof the word South, and all streets and parts of streets
running north from First Avenue shall be designated by prefixing to the names thereof the word
North. All avenues and parts of avenues running west from Main Street shall be designated by
prefixing to the names thereof the word West, and all avenues and parts of avenues running
east from Main Street shall be designated by prefixing to the names thereof the word East.
(SDCL 9-45-2)
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6.0106
Designation of Streets. For the purpose of numbering under the provisions of this Chapter, any
portions of State Highway 17 within the City limits shall be identified as Pine Street; the
thoroughfare proceeding through Westerman Park beginning at a point on South Main Street
at about where Seventh Avenue would normally be located, proceeding west approximately
one block, south approximately one block, and then west again approximately one block to a
point joining South Elm Street at about where Eighth Avenue would normally be located shall
be designated as Park Drive; any portions on the north side of the Milwaukee Railroad rightof-way between North Main Street and North Cherry Street shall be designated as East Court
Street; the north-south thoroughfare located approximately a half block east of South Main
Street between East Fourth and East Fifth avenues shall be designated a portion of South Poplar
Street; any portion of State Highway 44 bordering the City on the south edge shall be
designated as West Eleventh Avenue or East Eleventh Avenue, whichever is or becomes
applicable; and that portion of the joint city-township thoroughfare extending in a north-south
direction in the extreme northwest edge of the City, proceeding north from State Highway 44,
shall be designated as Cleveland Street, as will any other portion of State Highway 44 bordering
Lennox on the west as it might become applicable. (SDCL 9-45-2)
6.0107
Numbering of Lots. One number shall be apportioned to every subdivision of twenty-five (25)
feet along all the thoroughfares of the City whether the same be occupied by buildings or not.
In case any block or blocks or any lot or lots will not divide perfectly in to subdivisions of
twenty-five (25) feet, one whole number shall be assigned to the fractional part thereof.
In case more than one building is erected in a single space of twenty-five (25) feet the same
may be numbered by placing thereon the regular number which appeared on the building
formerly situated in said space or the number which would otherwise be allotted to the space
and on the second building to be erected thereon the regular number plus the fraction, one-half
(½). (SDCL 9-45-2)
6.0108
Numbering Intervals. All buildings shall be numbered consecutively in units as provided by
the City Council, and all blocks consecutively in even hundreds. All numbering on east and
west thoroughfares shall begin at the dividing line at Main Street and proceed outward to the
limits of the City, placing odd numbers on the south side and even numbers on the north side
of each thoroughfare. All numbering on north and south thoroughfares shall begin at the
dividing line at First Avenue and proceed outward to the limits of each thoroughfare. The
number of the first block on each side of the street proceeding from a dividing line shall be
100, the second shall be 200, and so on, and each block shall be numbered consecutively to the
outer limits of the City. The number on the first block on the south side of an east and west
avenue, and on the west side of a north and south street, shall be 101, and the first number on
the opposite sides thereof shall be 100. The first number on the second block shall be 201, and
the first number on the opposite side thereof shall be 200, and so on, consecutively along all
the streets and avenues throughout the City. (SDCL 9-45-2)
CHAPTER 6.02 - STREETS, SIDEWALKS, CURB AND GUTTER
6.0201
Streets. All streets, roads and alleys constructed or reconstructed shall be surfaced to
the appropriate width and manner in accordance with the adopted City of Lennox
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Design Standards.. The hard surfacing of streets shall be at the expense of the owners
of property abutting the street(s) to be surfaced, with materials in accordance with the
City of Lennox Design Standards. Total cost of the street improvements including
legal, engineering, grading and any other costs related to the improvement, shall be
assessed against the property on a frontage foot basis. (SDCL 9-45-1)
6.0202
Street Excavations. No person shall make or cause to be made any excavation in or under any
street, parking area, sidewalk, alley, or public ground, or remove any earth, soil, paving, gravel,
or material therefrom without first obtaining an Excavation Permit.
6.0203
Excavation Permits. Application for such permit shall be made to the City
Administrator. Such application shall be accompanied by a fee of an amount set by
resolution by the City Council and on file at the office of the Finance Officer, which
amount shall be considered compensation to the City for granting of such permit and
the necessary investigation prior thereto. Before any such permit is issued, the person
requiring the same shall state in this application therefor where such excavation is to
be made, the extent thereof, in front of what lot or lots, for what purpose said excavation
is to be made, and shall agree to restore the street surface, curb, gutter, boulevard, and
sidewalk to its original condition within 30 days of completion..
6.0204
Supervision of Excavations. The Street Superintendent and Utilities Superintendent shall
approve all excavation made for any purpose in the streets, alleys, or public ground and shall
require that all excavations be backfilled in the manner specified.
6.0205
Guarding Excavations. Any person receiving a permit to make excavations in or upon any
street, alley, sidewalk, or public ground shall, during the progress and continuance of the work,
erect and maintain around the same both by day and night suitable guards or fences with flares,
or signals so as to prevent injury to persons, animals, or vehicles. Such flares shall be kept
lighted from sundown until sunrise.
6.0206
Cutting Pavements. Where it is necessary to cut the street pavement in making any street
excavation, there shall be deposited with the Finance Officer before permit is issued an amount
determined by multiplying the number of square yards of pavement to be removed by the costs
of the new pavement which is on file at the office of the Finance Officer. The deposit shall be
credited to the general fund and be used in replacing said pavements.
6.0207
Sidewalk and Curbing Construction. The building and construction of all sidewalks and
curbing within the limits of the streets and alleys of the City of Lennox shall be done under the
direct approval of the City Engineer and all such sidewalks and curbs shall be constructed on
the grades as specified by the City of Lennox Design Standards.
6.0208
Specifications. The construction of all sidewalks and curbing, whether to be done by direct
contract with the City of Lennox or by contract with the abutting property owners, shall be
done strictly in accordance with the City of Lennox Design Standards on file in the office of
the City Administrator. The City Administrator or their designee may condemn work and
material not in accordance with the requirements of said specifications.
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6.0209
Permit Required. Before any sidewalk or curbing is constructed within the limits of the streets
and alleys in the City of Lennox by any contractor or person for the owner or owners of abutting
property, said contractor or person must first secure a Sidewalk Permit therefor from the City
Engineer.
6.0210
Property Owner Responsible for Sidewalk Repair. It shall be the duty of the person in
possession of any lot, parcel, or plot of ground fronting or abutting upon any sidewalk, to keep
such sidewalk in repair as provided by SDCL 9-46-2.
6.0211
Driveway Approaches. No driveway approaches shall protrude or extend into the
streets beyond the curb line. Concrete driveway approaches shall be of six-inch
Portland Cement Construction, with the slope gradual to accommodate modern
vehicles. On gravel thoroughfares driveway approaches constructed shall permit flow
of surface water without drainage interference and shall permit proper blading and
maintaining of streets. (SDCL 9-45-1)
6.0212
Curb and Gutter. No person shall construct or cause to be constructed or installed in, on, or
along any City street side a curb and gutter without first obtaining a permit to do so from the
Finance Officer. A permit may be granted only if the following specifications shall be met:
1. The curb and gutter shall be concrete (the form to be approved by the Street
Superintendent) with minimum compressive strength of 3,500 PSI, twenty-four inches in
width and a depth of six inches for the gutter section, with a minimum gravel cushion of
four inches under the curb and gutter with expansion joints every twenty feet with
expansion joint filler.
2. Before installation of the curb and gutter, the involved property owners must have the curb
and gutter line surveyed and staked to insure proper slope of the curb and gutter in
relationship to the appropriate storm drains on the intersecting streets. The grade of the
street and present or future sidewalks.
3. All labor and materials shall be the sole responsibility of the individual land owners
affected by the installation of the curb and gutter.
4. The Street Superintendent and City Engineer must approve the curb and gutter plan before
and during construction.
5. The City assumes no liability or responsibility for or from the curb and gutter installation.
The land owners involved shall accept full responsibility and liability for and from the
installation of the curb and gutter.
6.0213
Barrier-Free Construction. Whenever any person, firm or corporation makes new
installations of sidewalks, curbs or gutters, in both business and residential areas, it
shall be required that they install ramps at crosswalks, so as to make the transition from
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street to sidewalk easily negotiable for handicapped persons in wheelchairs and for
blind persons. All such ramps shall be constructed or installed in accordance with
design specifications therefor prepared by the South Dakota Department of
Transportation, according to the Americans With Disabilities Act Accessibility
Guidelines for Buildings and Facilities as published by the U.S. Architectural and
Transportation Barriers Compliance Board, August, 1992. (SDCL 9-46-1.2)
CHAPTER 6.03 - SNOW AND ICE REMOVAL
6.0301
Duty to Remove. It shall be the duty of the owner, tenant, or person in possession of any
property abutting on any sidewalk to keep such sidewalk free from snow and ice and to cause
any accumulated snow and ice to be removed from any such abutting sidewalk within twentyfour (24) hours after the termination of any snowfall, or snow or ice accumulation, except for
within the Central Business District, where it shall be required that snow be removed by 12:00
noon following the termination of snowfall. When it is impossible to take snow and ice from
such sidewalk by reason of its being frozen to the sidewalk, the owner or occupant or person
in charge of such lot shall sprinkle or spread some suitable material upon the same to prevent
the walk from becoming slippery and dangerous to travel.
6.0302
Disposal of Snow. It shall be the duty of the property owner, tenant, or person in possession
of any public or private driveway, parking lot or parking area to dispose of accumulated snow
and ice upon such property in such manner that any snow and ice when removed shall not be
deposited upon any sidewalk, within or upon any public street or alley, or in a manner that will
obstruct or interfere with the passage or vision of vehicle or pedestrian traffic.
It shall be the duty of the property owner, tenant, or person in possession of any property
abutting on any sidewalk to dispose of accumulated snow and ice upon such sidewalk in such
a manner that any snow and ice when removed shall not be deposited within or upon any public
street or alley, after such public street or alley has been cleared of snow and ice by the grading
of such snow or ice away from the curb or the picking up and carrying away of such snow or
sanding or salting of ice by the City.
6.0303
Removal Costs Assessed. In the event any owner, tenant, or person in possession of any
property shall fail to comply with any provisions of this chapter, any police officer of the City
may issue a citation for such violation. The property owner shall have twenty-four (24) hours
to comply with the citation, after which time the street department, at the direction of the
Council, shall remove the snow or ice at the cost of the property owner, who shall be billed.
The City Council may authorize the assessment of such costs to the property owner if the
removal bill is not paid within sixty (60) days. It shall be the responsibility of the police
department to ensure the timely enforcement of this section.
CHAPTER 6.04 - MOVING BUILDINGS
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6.0401
Permit Required. No person shall move any building or part of building into, along or across
any public street, alley, or grounds in the City without having obtained a moving permit.
(SDCL 9-34-1, 9-30-2)
6.0402
Applications. Written application for a moving permit shall be filed with the Finance Officer,
and shall include the name of the applicant, the name of the owner of the building, a description
of the lot on which such building is standing and the lot to which it is to be moved, if such
location shall be within the City. The application shall also specify the route along which it is
proposed to move the building, and the length of time likely to be consumed in such moving.
Any application so filed shall be considered by the City Administrator for approval, and any
other conditions to be complied with by the applicant, shall be stated.
6.0403
Surety Bond. No permit shall be granted until the applicant shall file with the City
Administrator bond in favor of the City in the penal sum to be established by the City Council,
with sufficient surety, and conditioned on the applicant promptly repairing and making good,
to the satisfaction of the City Administrator or their designee, any and all damage to any
pavement, sidewalk, crosswalk, hydrant, street, alley, or other property, done or caused by the
applicant or the applicant’s employees, in moving such building or part thereof, or in
connection with the moving thereof.
The applicant shall indemnify and save harmless the City against any and all liability for
damages, costs and expenses, arising or which may arise or be incurred in favor of any person
by reason of conduct by the applicant or the applicant’s agents or employees, in connection
with the moving of such building or part thereof, or the use of any public ground for such
purpose.
6.0404
Standing Buildings. No building or part of a building being moved, shall be allowed to stand
still in any public street or any public ground for more than twelve (12) consecutive hours.
6.0405
Permission of Property Owners. No moving permit granted by the City shall authorize the
holder thereof to break, injure, or move any telephone, electric light, power or cable TV wire
or pole, or to cut, trim or otherwise interfere with any property without the written permission
of the owner or owners thereof.
6.0406
Removal, Demolition or Relocation of Structures. Upon the removal, demolition or relocation
of structures from or on any lot within the City of Lennox, the foundation of such structure
removed, demolished or relocated must be removed from the property and the basement or
excavation remaining after removal of the foundation must be filled with good, clean, fill dirt.
If a house is removed from the property then all other outbuildings and other structures which
are not being used must be removed together with all sidewalks (except along the street). Upon
removal, demolition or relocation of the house or other structures, the lot shall be leveled and
left in a good, clean, sanitary condition. Upon the property owner’s failure to comply with the
provisions of this Section, the property shall be deemed a public nuisance which may be abated
and the cost thereof assessed against the property pursuant to laws of the State of South Dakota.
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6.0407
Approval and Fee. No moving permit shall be issued unless the appropriate nonrefundable fee,
established by resolution of the City Council, is paid to the Finance Officer.
6.0408
Safeguards. It shall be the duty of the person, firm or corporation moving any building through
the streets to do the same with proper care for the safety of persons and property. Warning
barricades and lights shall be maintained wherever necessary for the protection of pedestrians
or traffic.
6.0409
Protecting Pavement. Where a building or structure is being moved over a street, but is not
carried on another vehicle or on a unit equipped with tires, the street surface shall be protected
by planking or other device effective to prevent injury to the roadway.
CHAPTER 6.05 - MUNICIPAL TREES
6.0501
Trimming Trees. The occupant of any private premises, or the owner of the same if not
occupied, abutting on any public street, boulevard, road, or alley within the City of Lennox
shall keep all trees standing upon such premises, or between the same and the center of the
adjoining street, boulevard, road, or alley so trimmed as to allow the free passage of pedestrians
and vehicular traffic and in a manner so as to allow eight (8) feet clearance over sidewalks and
service lines, and fifteen (15) feet clearance over all public streets, boulevards, roads, or alleys;
provided, the City Council shall have authority to remove or cause to be removed under its
supervision any truck, limb, or branch of any tree in violation of this section, whether such
trees be growing in privately owned property or on public property, and may cause the same to
be trimmed and charged the expense thereof to the occupant or owner of such property.
6.0502
Trees - Injury. It shall be unlawful for any person to injure any tree, herb, or shrub planted in
any public place by physical means, use of herbicides, or any means whatsoever, nor shall any
person remove or cut down any tree, hedge, or shrub in any public place without first having
secured a permit from the Finance Officer to do so.
6.0503
Trees - Guidewires. It shall be unlawful for any person to attach any wire or rope to any tree
in a public place without having a permit from the City Administrator or their designee to do
so.
6.0504
Trees to be Free From Wires, Cables. Any person, company, or firm having the right to
maintain wire, cables, and poles in any public street, alley, or other public place must keep such
wire, cables, and poles free from and away from any trees or shrubs in such places so far as it
may be possible, and shall keep all such trees and shrubs trimmed away from said poles and
wire subject to the supervision of the Street Superintendent. In making excavations in streets
or other public places for underground services or the repair thereof, said person, company, or
firm shall take proper care to avoid injury to the roots of any tree, hedge, or shrub.
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6.0505
Trees Along Curbing. It shall be unlawful for persons owning or occupying lots or parcels of
land within the City of Lennox to embellish the same by planting shade trees in the public rightof-way without first having secured a permit from the Building Code Official to do so.
CHAPTER 6.06 - PARKS AND RECREATION AREAS
6.0601
Swimming When Municipal Pool Closed Prohibited. Fine for Violation of Section. Swimming
in the Lennox Municipal Swimming Pool shall be prohibited during those hours when the pool
is officially closed. Persons found in violation of this section shall be punishable in accordance
with Chapter 11.01. (SDCL 9-30-2)
6.0602
Glass Containers Prohibited. It shall be unlawful for anyone to bring or otherwise deposit any
containers made of glass into any park.
6.0603
Open Fires Prohibited and Exception. No person shall start any fire in any park except in those
places where barbecue grills have been placed by the City or when portable barbecue grills are
used and then only for the cooking and preparation of food and in campground areas within
fire rings. Every person who starts or uses such acceptable fires shall completely extinguish
the fire before leaving the park and restore the area to its original state as close as possible.
6.0604
Animal Control. All animals must be on a leash at all times, according to Section 5.0301 of
the Municipal Ordinances.
6.0605
Firearms. It is unlawful for any person, without a valid permit, to possess, use or display any
firearms, including but not limited to air guns, explosives, bows and arrows or other weapons
within any park.
6.0606
Protection to Trees and Shrubbery. Except as authorized by the City Council, no person shall
pick or cut any wild or cultivated flowers, or cut, break, dig or in any way deface any tree,
shrub or plant within the limits of any park.
6.0607
Protection to Prohibited Areas. Except as authorized by the City Council, no person shall go
on foot or otherwise upon any area of any park or parkway where any prohibitory sign is posted.
6.0608
Injuring Park Property. No person shall cut, break, scratch, mark, mar or in any way injure or
deface any building, fence, wall lamp, flagpole, construction improvement, facility, playground
equipment or any other feature or property upon or within any park.
6.0609
Vehicle Operating and Parking. Except as authorized by the City Council, no person shall
operate or park any vehicle in any park, except on clearly marked and designated roadways or
parking areas therein.
6.0610
Littering Prohibited. No person shall throw, deposit, place or leave in any park or parkway, or
water therein, any paper, rubbish, waste, cans, bottles or refuse of any kind, whether or not
such is offensive to the senses or is injurious to health, except in the receptacles provided for
waste.
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TITLE 7 - TRAFFIC REGULATIONS
[TRAFFIC REGULATION SDCL 9-31]
Chapter 7.01 - General Provisions
Chapter 7.02 - Operation of Vehicles
Chapter 7.03 - Speed Restrictions
Chapter 7.04 - Parking, Stopping
Chapter 7.05 - Trucks
Chapter 7.06 - Miscellaneous Provisions
Chapter 7.07 - Golf Carts
CHAPTER 7.01 - GENERAL PROVISIONS
7.0101
Definitions. Terms used in this Title, unless the context otherwise plainly requires, shall mean:
A. "Authorized Emergency Vehicle" - Vehicles of the fire department, police vehicles, and
ambulances and emergency vehicles of municipal departments or public service
corporations as are designated or authorized by the Chief of Police.
B. “Crosswalk" - That portion of a roadway ordinarily included within the prolongation of
curb and property lines at intersection, whether marked or not, or any other portion of a
roadway clearly indicated for pedestrian crossing by lines or other markings on the surface
of the street.
C. “Curb” - The extreme edge of lateral boundary of a roadway, whether marked by curbing
or not.
D. “Inoperative Vehicle” - Any vehicle which is not in operating condition due to damage,
removal or inoperability of one or more tires and wheels, the engine or other essential parts
required for the operation of the vehicle, or which does not have lawfully affixed thereto a
valid state license plate or which constitutes an immediate health, safety, fire or traffic
hazard.
E. "Motor Vehicle" - Every vehicle which is self-propelled.
F. "Operator" - Any person who is in actual physical control of a vehicle.
G. "Parking" - The standing of a vehicle whether attended or unattended upon a roadway,
otherwise than temporarily for the purpose of and while actually engaged in loading or
unloading passengers.
H. “Street Intersection” - That portion of a street where it joins another at an angle, whether
or not it crosses the other street, and shall include the full width of the street between the
curb lines, extended, of the intersection streets.
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I.
“Trailer” - Every vehicle without motive power designed for carrying property or
passengers wholly on its own structure and for being drawn by a motor vehicle.
J. "Vehicle" - Every device in, upon, or by which any person or property is or may be
transported or drawn upon a street, provided that for the purpose of this Title a bicycle or
an animal that is being ridden, driven, or led shall be deemed a vehicle.
7.0102
Duty to Enforce. It shall be the duty of the Chief of the Police and all police officers to enforce
all the regulations and requirements of this title.
7.0103
Police to Direct Traffic. Police officers shall direct all traffic in conformance with traffic laws
and ordinances, provided that in the event of a fire or other emergency, or to expedite traffic or
safeguard pedestrians, members of the police or fire department may direct traffic as conditions
may require.
7.0104
Obedience to Police. It shall be unlawful for any person to refuse or fail to comply with any
lawful order, signal or direction of the police department.
7.0105
Operation of Snowmobiles. The operation of snowmobiles within City limits is prohibited,
except to take the most direct route in and out of the City from the storage location. Any person
operating a snowmobile in the City shall observe all applicable regulations of this Title
pertaining to motor vehicles. (SDCL 32-20A-7)
CHAPTER 7.02 - OPERATION OF VEHICLES
7.0201
Driving on Right Side of Street. Upon all streets, except upon one-way streets, the operator of
a vehicle shall drive the same upon the right half of the street and shall drive a slow moving
vehicle as closely as possible to the right hand edge or curb of a street unless it is impracticable
to travel on such side of the street, and except when overtaking and passing another vehicle
subject to the limitations applicable in overtaking and passing set forth in this Title.
The foregoing provision of this Section shall not be deemed to prevent the marking of lanes for
traffic upon any street and the allocation of designated lanes to designated speeds.
7.0202
Backing Around Corners or Into Intersection Prohibited. It shall be unlawful for the operator
of any vehicle to back such vehicle around a corner at an intersection or into an intersection of
public streets.
7.0203
Exhibition Driving. Any person who drives a vehicle within the City limits of Lennox and
in such manner that creates or causes unnecessary engine noise, tire squeal, skid or slide upon
acceleration or stopping or that simulates a temporary race, or that causes the vehicle to
unnecessarily turn abruptly or sway shall be guilty of exhibition driving.
7.0204
Right-of-Way at Intersection. Subject to the exception stated in the next succeeding Section,
the right-of-way rule between vehicles at intersections is hereby declared as follows:
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A. The operator of a vehicle approaching an intersection shall yield the right-of-way to a
vehicle which has fully entered the intersection;
B. When two vehicles approach an intersection at approximately the same time, the operator
of the vehicle on the left shall yield the right-of-way to the vehicle on the right;
C. The operator of any vehicle traveling at an unlawful speed shall forfeit any right-of-way
which he may otherwise have hereunder.
7.0205
Exceptions to Right-of-Way. The operator of a vehicle entering a public street shall yield the
right-of-way to authorized emergency vehicles when the latter are operated upon official
business and the operators thereof sound audible signal by bell, siren, or exhaust whistle. This
provision shall not relieve the operator of an emergency vehicle from the duty to drive with
due regard for the safety of all persons, nor shall it protect the operator of any such vehicle
from the consequences of an arbitrary exercise of such right-of-way.
7.0206
Turning Around at Intersections Prohibited. At any intersection where traffic is controlled by
traffic control signals or by a law enforcement officer, or where warned by an official traffic
control sign displaying the words "No U Turn," or "No Left Turn," it shall be unlawful for the
operator of a vehicle to turn such vehicle at the intersection in a complete circle, or so as to
proceed in the opposite direction or to make a left turn.
7.0207
Right-of-Way, Left Turn. The operator of a vehicle within an intersection intending to turn to
the left shall yield the right-of-way to any vehicle approaching from the opposite direction
which is within the intersection or so close thereto as to constitute an immediate hazard, but
said operator, having so yielded and having given a signal when and as required, may make
such left turn and the operators of all other vehicles approaching the intersection from said
opposite direction shall yield the right-of-way to the vehicle making the left turn. (SDCL 3226-18)
7.0208
Turning Around in Midblock Prohibited. The operator of a vehicle shall not turn such vehicle
so as to park in the opposite direction or so as to proceed in the opposite direction except at an
intersection. (SDCL 32-26-25)
7.0209
Required Condition of Vehicles. Any vehicle having a loud or offensive muffler shall be
considered illegal. Any vehicle not equipped with adequate brakes shall be prohibited from
operating in the City. Any motor vehicle operated within the City shall be equipped with
operable lights and a horn as required by state law. License plates shall be clearly displayed
on each end of vehicle, and shall be kept clean and legible. (SDCL 32-15)
7.0210
Action Required at Stop Sign. Except when directed to proceed by a police officer or traffic
control signal, every operator of a vehicle approaching a stop intersection indicated by a stop
sign shall come to a full stop at a clearly marked stop line, but if none, before entering the
crosswalk on the near side of the intersection, or if none, then at the point nearest the
intersecting roadway where the driver has a view of approaching traffic on the intersecting
roadway before entering the intersection. After having stopped, the operator shall yield the
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right-of-way to any vehicle which has entered or is approaching the intersection from another
highway and shall not proceed into the intersection until certain that such intersecting roadway
is free from oncoming traffic which may affect safe passage. (SDCL 32-29-2.1)
7.0211
Action Required at Yield Sign. The operator of a vehicle approaching a sign authorized by the
City Council bearing the word "Yield" or Yield Right-of-Way" shall in obedience to such sign
slow down to a speed reasonable for the existing conditions, or shall stop if necessary and shall
yield the right-of-way to any pedestrian legally crossing the roadway on which such operator
is driving, and to any vehicle in the intersection or approaching on another highway so closely
as to constitute an immediate hazard. Said operator having so yielded may proceed and the
operators of all other vehicles approaching the intersection shall yield to the vehicle so
proceeding. (SDCL 32-29-3)
7.0212
Stop Required Before Operator Entering From Alley, Building or Private Road. The operator
of a vehicle emerging from an alley, building, private road or driveway within a business or
residence district shall stop such vehicle immediately prior to driving onto a sidewalk or onto
the sidewalk area extending across such alley, building entrance, road or driveway, or in the
event there is no sidewalk area, shall stop at the point nearest the street to be entered where
said operator has a view of approaching traffic thereon. (SDCL 32-29-2.2)
7.0213
Left Turns. It shall be unlawful for the operator of any motor vehicle to turn left at any place
where such turns are prohibited by the City Council. (SDCL 32-26-18)
7.0214
Pedestrian's Right-of-Way. The operator of any vehicle shall yield the right-of-way to a
pedestrian crossing the roadway within any marked crosswalk or within any unmarked
crosswalk at the end of a block, except at intersections where the movement of traffic is being
regulated by police officers or traffic control signals. Whenever any vehicle has stopped at a
marked crosswalk or at any intersection to permit a pedestrian to cross a roadway, it shall be
unlawful for the operator of any other vehicle approaching from the rear to overtake and pass
such stopped vehicle. (SDCL 32-27-1)
CHAPTER 7.03 - SPEED RESTRICTIONS
7.0301
General Restrictions. Any person driving a vehicle on a street or highway shall drive the same
at a careful and prudent speed not greater than is reasonable and proper, having due regard to
the traffic, surface, and width of the street or highway and to any other conditions existing.
7.0302
Speed Limitations.
It shall be unlawful for any driver to drive any vehicle upon a highway or streets of the City or
in any municipal park at a greater rate of speed than the following:
A. Fifteen (15) miles an hour when approaching within fifty (50) feet of a railroad grade
crossing when the driver's view is obstructed. A driver's view shall be deemed to be
obstructed when at any time during the last two hundred (200) feet of his approach to such
crossing he does not have a clear and uninterrupted view of such crossing and of any traffic
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on such railway for a distance of four hundred (400) feet in such direction from such
crossing.
B. Fifteen (15) miles an hour when passing a school during a school recess or while children
are going to or leaving school during the opening or closing hours.
C. Fifteen (15) miles an hour when approaching within fifty (50) feet and in traversing an
intersection of streets when the driver's view is obstructed. A driver's view shall be deemed
to be obstructed when at any time during the last fifty (50) feet of his approach to such
intersection he does not have a clear and uninterrupted view of such intersection for a
distance of two hundred (200) feet from such intersection.
D. Except as provided above, twenty-five (25) miles per hour on "Thru Streets," and twenty
(20) miles per hour on side streets, or as otherwise designated.
E. Fifteen (15) miles per hour in the City parks.
CHAPTER 7.04 - PARKING, STOPPING
7.0401
Parking Prohibited in Certain Places. At any time it shall be unlawful to permit any vehicle to
stop, stand or park in any of the following places, except where necessary to avoid conflict with
other traffic or in compliance with the directions of a law enforcement officer or traffic control
sign or signal:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
7.0402
Within a intersection;
On a crosswalk;
Within twenty-five (25) feet of the intersection curb lines;
Within fifteen (15) feet of a fire hydrant;
In front of a private driveway.
Within fifteen (15) feet of the driveway entrance to any fire station, or directly across the
street from such entrance;
On a sidewalk.
Alongside or opposite any street excavation or obstruction when such stopping, standing,
or parking would obstruct traffic;
Parking against direction of traffic on through streets.
On a surface that is unimproved and not a hard surface with concrete, asphalt, pavers, or
other like durable material not including loose stone or gravel. In the LI and HI Districts,
a gravel surface may be used for portions of the site that are intended for the storage of
construction equipment or supplies. Any gravel surface must be adequately maintained to
provide a dust-free surface and adequate drainage.
Standing for Loading or Unloading Only in Certain Places. It shall be unlawful for the operator
of a vehicle to stop, stand, or park said vehicle for a period of time longer than is necessary for
the actual loading or unloading of passengers, or the unloading and delivery or pick up and
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loading of materials in any place marked as loading zone. The City Council shall have authority
to determined the location of passenger zones and loading zones as described herein, and shall
cause to be erected and maintained appropriate signs indicating the same.
7.0403
Parking Zones. The City Council may designate by resolution any street, avenue, or alley in
the City of Lennox, as necessity requires, as parking zones for the parking of motor vehicle or
vehicles of any nature and description or the storage of any material of any kind, nature, or
description; provide the length of time for day and night parking; the hours that constitute day
and night; and provide for marking with proper signs setting forth the manner, form, and hours
of parking. Such parking zones shall be delineated on a map filed in the office of the finance
officer.
The driver or person in charge of any vehicle parked in such a limited time zone shall comply
with such time limit for parking as shown on the signs or marked on the curb where such vehicle
is parked.
7.0404
Penalty. Any vehicle parked in violation of this Chapter will be tagged with a tag, listing the
date of the offense, license number of the vehicle, make, violation number, and location of
offense with reference to street. Whenever a notice is left by any member of the police
department in or on any vehicle which has violated the parking regulations, the person in charge
of such vehicle shall pay the amount of the assessment described thereon by taking such notice
and amount of the assessment to the city finance office and depositing the same with the city
finance officer. The assessment for each violation shall be fix by Resolution of the City
Council).
If the owner or operator fails to comply within seven (7) days from the date of notice of
violation, then in that case, a summons will be issued and the assessment shall be increased as
fixed by City Council Resolution. . The increased assessment can be paid at the City Hall
within the above time frame. If the summons is not complied with, a complaint will be filed
with the court charging the owner or driver with a petty offense and subject to a fine fixed
Resolution of the City Council plus court costs.
Any vehicle parked in violation of this Chapter may be removed from the streets by the police
department and placed in public or private storage and the owner thereof, in addition to the
fines and penalties provided in this Chapter, shall pay the charges for towing and storage of
said vehicle so removed by the police department. All money so collected by the police
department shall be immediately deposited with the City Finance Officer to be paid into the
general fund.
7.0405
Non-Parking Areas. The City Council may from time to time by resolution establish and cause
to be designated and marked, non-parking areas along street curbs. No vehicle shall be parked
at any time or for any period except to load or unload passengers or merchandise in such place
so designated and marked.
7.0406
Obstruction of Traffic. No vehicle shall be operated or allowed to remain upon any street under
the jurisdiction of the City in such a manner as to form an unreasonable obstruction to traffic.
Whenever any police officer finds a vehicle which constitutes an obstruction to traffic, such
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officers shall be authorized to provide for the removal of such vehicle by towing, if necessary,
at owner’s expense, with no liability to the City. (SDCL 32-30-1, 2, 3, 4)
7.0407
Parking During Snow Removal.
A.
Definitions. For the purposes of this Section, the following terms and words shall have
the meaning given herein:
1.
Snow Removal Alert. Such times as there is a snow accumulation on the public
streets of 2 inches or more, or such times as the Streets Superintendent or their
designee declares that snow removal operations on the public streets will
commence and that the provision of this Chapter in regard to parking on public
streets during snow removal operations are effective and will be enforced.
2.
Street. The entire width of any public roadway within the City, and it shall not be
limited to those roadways designated as a Street but shall include all other names
by which public roadways are designated.
B.
Declaration of Snow Removal Alert. When the Public Works Director or his or her
designee determines that snow removal from the public streets will commence, the
Streets Superintendent or their designee will announce through local news media and
whatever other sources are available that there has been declared a snow removal alert
and that the provisions of this Chapter will be effective and be enforced, designating a
particular date and time when the alert shall commence. 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 the National Weather
Service.
C.
Termination of Snow Removal Alert. After a snow removal alert has been declared,
there will be no declaration of its termination, but the alert shall terminate and the
provisions of this Section become not effective nor enforceable as to any particular street
or portion of a street, as soon as that street or portion thereof has been plowed and cleared
of snow accumulation, curb-to-curb, and the snow removal equipment is no longer
operating in that area, after which normal parking may be resumed until the next declared
snow removal alert.
D.
Violation of Snow Removal Alert. Parking contrary to and in violation of this Section
shall be deemed prohibited parking and any vehicle or trailer parked in violation shall be
subject to a fine as established by City Council Resolution. If the owner or operator fails
to pay the sum within a 72-hour period, he or she may pay to the office of the City
Finance Officer, within the next 2 weeks from the date of violation, as a fine for and in
full satisfaction of the violation, a fine as established by City Council Resolution. Upon
failure of the owner or operator to pay either of the sums to the office of the City Finance
Officer within the time periods indicated, and upon conviction of a violation of this
Section, the owner or operator shall be fined a fee as established by City Council
Resolution plus court costs, which fine shall be collected by the Magistrate Court. The
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owner or operator also has the right to contest the charges or plead “not guilty” within
the time periods indicated above, and have the matter transferred to Magistrate Court.
7.0408
Ticketing and Towing Vehicles. Any authorized City official or law enforcement officer shall
be authorized to ticket and tow away, or have removed and towed away by any commercial
towing service, any car or vehicle illegally parked in any place where such parked vehicle
creates or constitutes a traffic hazard, blocks the use of a fire hydrant, or obstructs or may
obstruct the movement of any emergency or snow removal vehicle, or in any way is in violation
with the provisions of this Title. Cars towed away for illegal parking shall be stored in a place
designated by the City Council and shall be returned to the owner or operator of such vehicle
upon payment of the penalty under Section 7.0404. (SDCL 32-30-13, 14)
7.0409
Abandoned Vehicles. The abandonment of a motor vehicle or other vehicle or any part thereof
on any street in the City shall be subject to action and penalties as provided for in this Title and
under Chapter 3.01. The abandonment of a motor vehicle or other vehicle or any part thereof
on private or public property, other than a street, in view of the general public, anywhere in the
City shall be prohibited except as specifically allowed under Chapter 3.01. (SDCL 32-30-12.1)
7.0410
Parking and Storage of Certain Vehicles. Automotive vehicles or trailers of any kind or type
without current license plates shall not be parked or stored on any residentially zoned property
other than in a completely enclosed building.
7.0411
Towing Costs. When a vehicle is removed from either public or private property as authorized
by order of the City Council, the owner of the vehicle shall be responsible for all towing costs
in addition to the penalty for violation. In addition the City shall not be liable for any damages
to property or persons incurred as a result of such towing or storage.
7.0412
General Parking Provisions. No vehicle shall be parked with the left side of such vehicle next
to the curb, except on one-way streets, or opposite to the flow of traffic. It shall be unlawful to
park any vehicle upon any street for the purpose of displaying it for sale, or to park any vehicle
upon any business street from which vehicle merchandise is peddled, unless authorized by the
Chief of Police. It shall be unlawful to park any motor vehicle on any private property without
the consent of the owner of the property, or on any public property without the consent of the
appropriate governmental agency. (SDCL 32-30-6, 6.1, 6.2)
7.0413
Handicapped Parking Areas. There is no parking in any designated special parking space
which is clearly marked as a handicapped parking space unless said vehicle in said parking
space is displaying a serially numbered certificate or special license plate marking it as owned
or operated by a handicapped person.
7.0414
Double Parking. It shall be unlawful for a vehicle to be double parked. For the purposes of
this ordinance, the term "double parked" shall mean that situation where one vehicle is parked
so as to occupy two designated parking places. (SDCL 32-30-6.1)
7.0415
School Buses, Commercial Vehicles. The parking of school buses and commercial vehicles
shall be restricted to commercial areas. The parking of such vehicles in residential areas, as
defined by the City zoning map, shall be prohibited. (SDCL 32-32)
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7.0416
Parking of Trucks and Trailers. All semi-trailers shall be parked in the City at such places only
as have been marked and designated by the Chief of Police and shall be parked parallel with
the curb. Provided however, that this section shall not apply to light delivery trucks delivering
goods from house to house and place to place which require a brief stop to receive or deliver
merchandise. Semi-trailers that park “and dolly down” on any city street or street right-of-way
shall require proper dunnage.
7.0417
Oversized Vehicle Parking Permit: Oversized vehicles are prohibited from parking on
any public street or right-of-way within the municipal boundaries of
Lennox. Individuals wishing to park an oversized vehicle on a public street or rightof-way may do so only after obtaining a permit from the City of Lennox. Such permits
are only available for a 72 hour period, and vehicles left parked beyond the expiration
of the permit shall be subject to towing and impound. No oversized vehicle may
receive more than two 72-hour permits in any 30-day period.
Commercial entities actively working a job site will be issued a commercial street
parking permit. Such permits will expire at the anticipated date of project completion,
and are renewable for an additional period of 90 days.
Oversized vehicles are defined as recreational vehicles and commercial vehicles over
10,000 gross vehicle weight, including but not limited to boats, boat trailers, campers,
recreational vehicles, jet skis/wave runners and trailers, box trucks, and utility trucks.
The following vehicles are exempt from this permit requirement:
•
•
•
•
•
•
Vehicles registered to state, county, and local governments
Law Enforcement, Fire, and EMS vehicles
Vehicles registered to recognized South Dakota School Districts
Vehicles and trailers being actively loaded or unloaded
Campers and recreational vehicles when removed within 24 hours
Commercial vehicles and loads/trailers parked for less than 60 hours on
Industrial Avenue or Industrial Street
CHAPTER 7.05 - TRUCKS
7.0501
Truck Routes. All trucks entering, leaving, or operating within the City limits shall be driven
only over and along the truck routes herein established and upon such other designated streets
and areas over which truck travel is permitted.
7.0502
Definitions. For the purpose of this article, the terms defined in this section shall have the
following meanings:
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1. Person: Any individual, association, company, corporation, firm, partnership or
organization.
2. Truck: Any motor vehicle designed or operated for the transportation of property which has
a body weight or body and load weight which exceeds three (3) tons per axle.
3. Truck Route: The streets herein designated as the way over and along which trucks
entering and leaving the City must operate.
4. Deviating Truck: A truck operating on City streets not designated as a “truck route” while
operating within the City limits.
7.0503
Truck Routes. The City Council, by resolution, may designate streets and highways within the
City as truck routes. Said truck routes shall be posted accordingly.
7.0504
Load Limits. If load limits have to be imposed with weather changes, these load limits would
coincide with state load limits when they are necessary.
7.0505
Owner’s Responsibility. In addition to the driver or operator, the owner of any truck being
operated with such owner’s permission and/or consent is liable for any violation of this article.
7.0506
Enforcement of Truck Routes. The City Police Department shall keep and maintain accurate
maps setting out truck routes and streets upon which traffic is permitted. The maps shall be
kept on file in the office of the finance officer and made available to the public.
Any police officer having reason to believe that the weight of a vehicle and load is unlawful
shall require any person driving or in control of said vehicle to proceed to any public or private
scale available for the purpose of weighing and determining whether this Chapter has been
complied with. It shall be unlawful for any person driving or in control of any such vehicle to
fail to comply with their requirement.
7.0507
Exceptions. Trucks may deviate from the above streets and highways for the following
reasons:
1. Temporary permits. The Public Works Director has the authority, for cause or upon
request, to issue temporary permits for trucks to operate over routes not established as truck
routes by the City Council, or to otherwise deviate from the provisions of this Chapter.
Such action by the Public Works Director shall be subject to review, modification, or
cancellation by the City Council.
(Amended: Ordinance No. 525, 07-09-12)
2. When it is necessary for conducting business at a destination in the City by first utilizing
an established truck route to the point it becomes necessary to deviate from that route doing
so at the intersection with the street or avenue nearest to the destination point and going
directly to the destination point. Upon leaving the destination point, the deviating truck
shall return to the nearest truck route by the shortest route.
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3. The operating of emergency vehicles upon any street in the City.
4. The operation of trucks owned and operated by the City, a public utility, any contractor, or
material supplier, while engaged in the repair, maintenance, and construction of
improvements within the City.
5. The operation of trucks upon an officially designated detour.
Nothing in Chapter 7.05 shall be construed to modify or change any of the regulations of the
state highway department or the statutes of the state with reference to the gross weight
permitted upon any highways within the City.
CHAPTER 7.06 - MISCELLANEOUS PROVISIONS
7.0601
Accident - Duty to Stop. The driver of any vehicle involved in any accident resulting in injury
or death to any person or damage to property shall immediately stop and give his name and
address, and the name and address of the owner and the license number of the vehicle he is
driving to the person struck or the driver or occupants of any vehicle collided with and shall
render to any person injured in such accident reasonable assistance, including the arrangement
for medical assistance of such person by a physician or surgeon for medical treatment if it is
apparent that such treatment is necessary or is requested by the injured person.
7.0602
Immediate Notice of Accident. The driver of any motor vehicle involved in an accident
resulting in bodily injuries or death of any person property damage to an apparent extent of
one thousand dollars or more to any one person's property or two thousand dollars per accident
shall immediately, by the quickest means of communication, give notice of such accident to
the Police Department. (SDCL 32-34-7)
7.0603
Duty Upon Striking Unattended Vehicles. The driver of any vehicle which collides with or is
involved in an accident with any vehicle or other property which is unattended resulting in any
damage to such other vehicle or property shall immediately stop and shall then and there either
locate and notify the operator or owner of such vehicle or property of his name, address, and
the name and address of the owner and the license number of the vehicle he is driving or shall
attach securely in a conspicuous place in or on such vehicle or other property a written notice
giving his name, address, and the name and address of the owner and the license number of the
vehicle he is driving and shall without unnecessary delay notify the police department. Every
such stop shall be without obstructing traffic more than necessary.
7.0604
Duty Upon Striking Animal. The driver of any vehicle which collides with any dog or domestic
animal causing injury thereto shall stop and attempt to notify the owner; if the owner cannot be
notified at once, the driver shall report the accident to the Police Department in order that the
injured animal may be properly cared for.
7.0605
Traffic Signs and Signals. The City Council shall by resolution determine and designate the
character or type of all official traffic signs and signals, provided that all traffic signs and
signals erected and in operation are hereby designated official traffic signs and signals.
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Subject to this selection, the Chief of Police is hereby authorized, and as to those signs and
signals required hereunder, it shall be his duty to place and maintain or cause to be placed and
maintained all official traffic signs and signals. All signs and signals required hereunder for a
particular purpose shall be approved by the City Council, and as far as practicable, standard
throughout the City.
7.0606
Obedience to Traffic Signs and Signals. It shall be unlawful for any operator to disobey the
instructions of any official traffic sign or signal upon the street placed in accordance with the
provisions of this Title, unless otherwise directed by a law enforcement officer.
7.0607
Interference With Signs or Signals Prohibited. It shall be unlawful for any person to willfully
deface, injure, move, obstruct, or interfere with an official traffic sign or signal.
7.0608
Display of Unauthorized Signs or Signals Prohibited. It shall be unlawful for any person to
place or maintain or to display upon or in view of any street any unofficial sign, signal, or
device which purports to be or is an imitation of or resembles an official traffic sign or signal,
or which attempts to direct the movement of traffic. Every such prohibited sign, signal or
device is hereby declared to be a public nuisance, and the Chief of Police is hereby empowered
to remove the same, or cause it to be removed without notice.
7.0609
Filing Accident Reports. The Chief of Police shall maintain a suitable system of filing traffic
accident reports. Accident reports referred to him shall be filed alphabetically by location.
Copies of such reports may be provided to any person, and the City may charge a reasonable
fee for each copy so furnished, set from time to time by the Chief of Police but not exceeding
the amount under SDCL 32-34-13 for copies furnished by the Secretary of Public Safety.
(SDCL 32-34-10-13)
7.0610
Jaywalking. Every pedestrian crossing a highway or street within a business or residential
district at any point other than a pedestrian crossing, crosswalk or intersection shall yield the
right-of-way to vehicles upon the highway.
It shall be unlawful for any person to stand in a roadway within the City for the purpose of
soliciting a ride from the operator of a private vehicle. (SDCL 32-27-4)
7.0611
Use of Coasters, Roller Skates, and Similar Devices. It shall be unlawful for any person on
roller skates, roller blades or riding in or by means of any coasters, toy vehicles, or similar
device to go upon any roadway except while crossing a street on a crosswalk.
7.0612
Prohibit Use of Dynamic Braking Devices. Operating any motor vehicle with a dynamic
braking device engaged except for the aversion of imminent danger is prohibited. Dynamic
braking device means a device used primarily on trucks for the conversion of the engine from
an internal combustion engine to an air compressor for the purpose of braking without the use
of wheel brakes. The police department shall have enforcement responsibility.
7.0613
Manner of Arrest. Except in cases of driving while intoxicated or under the influence of
intoxicating liquor or any stupefying or exhilarating drug, and except in the more serious and
aggravated cases of speeding or careless and reckless driving, and except when reasonably
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necessary to secure appearance, a person charged with violation of a traffic ordinance of the
City of Lennox by a police officer need not be arrested in the regular manner but may first be
given an opportunity, after notice, to appear voluntarily to answer for such traffic violation.
7.0614
Notice to Appear. A person charged with violation of a traffic ordinance shall be given a notice
to appear before the circuit court magistrate or the county clerk of courts at the time stated in
such notice, which shall be written within ten (10) days from the time of the offense; and that
in event of failure to do so, a warrant will be issued for his arrest. The notice shall state the
name and address of the offender, if known; the license number and make of the vehicle
involved in the violation; the nature, date, and location of the offense; and the time and place
where the offender is to appear to answer to the charges. The notice shall be made in duplicate
and the portion of the original stating the offense and the place and time to appear shall be
given to the owner or driver charged with the offense or left in or upon the vehicle involved in
the violation.
7.0615
Appearance and Deposit for Fine. A person who has received a notice of a traffic violation as
provided in the preceding section shall appear at the time and place specified in such notice.
In cases of parking violations and other minor traffic violations for which the person charged
has been ordered to appear before the circuit court magistrate or county clerk of courts; he may
make a deposit for the fine as authorized by the court and sign a statement authorizing a circuit
court magistrate or county clerk of courts to enter his plea of guilty to the offense, then he shall
not be required to appear in court. Any person who has been guilty of three (3) or more
violations of the provisions of the traffic ordinances of this City shall not be permitted to deposit
the fine as herein above authorized, but must post a bond for his appearance in court at the time
specified by the department, said bond to be in an amount set by the City Council and on file
at the office of the finance officer.
7.0616
Failure to Appear. Upon failure of a person to appear in response to a notice of a traffic
violation as herein provided, he shall be subject to arrest in the manner otherwise provided by
law.
7.0617
Evidence of Traffic Violations. In any proceeding for violations of the provisions of this title
relating to the operation or parking of motor vehicles, the registration plate displayed on such
motor vehicle shall constitute in evidence a prima facie presumption that the owner of such
vehicle was the person who was operating or parking such motor vehicle at the time when such
violation occurred or who parked such motor vehicle at the point where such violation
occurred.
CHAPTER 7.07 – GOLF CARTS
7.0701
Definitions. For purposes of this Chapter, the following words shall have the following
meanings:
A. “Golf Cart” – A four wheeled vehicle originally and specifically designed and intended to
transport one or more individuals and golf clubs for the purpose of playing the game of
golf on a golf course. (SDCL 32-14-13)
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B. “Operator” – Every person who operates or is in actual physical control of a golf cart.
7.0702
Golf Cart Operation. Golf carts shall not be allowed to operate within the City except as
authorized by state statute or by this Chapter. Golf carts properly permitted pursuant to this
Chapter shall be allowed to travel on the roadway portion of public streets, alleys and other
roadways within the City except those highways where golf carts are prohibited by state statute.
An operator of a golf cart shall comply with all City and state traffic rules and regulations
applying to vehicles generally, and except that a golf cart shall not be required to have a bell,
horn or directional signals.
7.0703
Operation of Golf Cart on State or County Highway or Bike/Walking Trail Prohibited. No
person may operate a golf cart on a state or county highway except for crossing from one side
of the highway to the other or on the bike/walking trail. A golf cart may cross the state or county
highway at a right angle, but only after stopping and yielding the right-of-way to all
approaching traffic and crossing as closely as possible to an intersection or approach. (SDCL
32-14-15)
7.0704
Operator’s License and Insurance. No person may operate a golf cart on the streets, alleys,
roadways or other public places within the City limits unless the operator has a valid driver’s
license and proof that the golf cart is covered by a policy of liability insurance.
7.0705
Permit. It shall be unlawful to operate a golf cart within the City unless the same is permitted
in the City of Lennox. Upon submittal of proper application, the Finance Officer shall issue a
permit sticker that shall be displayed in a readily identifiable location upon the golf cart. An
individual applicant shall pay a fee of $35.00. Permits shall be issued for the lifetime of the
owner unless revoked. If the ownership of the vehicle changes, the new owner shall be required
to apply for a license. Permit fees and durations may be adjusted by resolution by the City
Council.
7.0706
Slow-Moving Vehicle Emblem or White or Amber Warning Lights. Golf carts permitted by
the City shall display a slow-moving emblem in accordance with SDCL 32-15-20 or a white
or amber warning light in accordance with SDCL 32-17-46.
7.0707
Violation of Golf Cart Operation. Operating contrary to and in violation of this Chapter shall
be deemed prohibited and any operator in violation shall be subject to a fine of $25.00. The
operator of the golf cart found in violation of this Section may, within 72 hours of the time
when the notice of violation was given, pay to the office of the City Finance Officer, as a fine
for and in full satisfaction of the violation, the sum. If the operator fails to pay the sum within
the 72-hour period, he or she may pay to the office of the City Finance Officer, within the next
two weeks from the date of violation, as a fine for and in full satisfaction of the violation, the
sum of $50.00. Upon failure of the owner or operator to pay either of the sums to the office of
the City Finance Officer within the time periods indicated, and upon conviction of a violation
of this Section, the owner or operator shall be fined not less than $75.00 nor more than $100.00
plus court costs, which fine shall be collected by the Magistrate Court. Any person claimed to
be in violation also has the right to contest the charges or plead “not guilty” within the time
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periods indicated above, and have the matter transferred to Magistrate Court. The penalties in
this Section may be adjusted by resolution of the City Council.
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TITLE 8 - WATER AND SEWER
[WATER SUPPLY SYSTEMS SDCL 9-47]
[SEWER SUPPLY SYSTEMS SDCL 9-48]
Chapter 8.01 - General Provisions
Chapter 8.02 - Water Provisions
Chapter 8.03 - Sewer Provisions
CHAPTER 8.01 - GENERAL PROVISIONS
8.0101
Utility Service-Application Required. Any person desiring any utility service furnished by the
City, including water or sewer service, shall make application for the same to the City Council.
Such application shall contain the applicant's name, address and the uses for which such service
is desired. A separate application shall be made for each premise to be served. The applicant
shall abide by the rules and regulations established by the city relative to utility service in effect
at the time of such application and as revised from time to time in addition to conditions and
agreements as the City Council shall deem advisable.
8.0102
Same-Not Available to Debtors. The City may decline or cease to furnish utility service to any
person who may be in debt to the City for any reason, except ad valorem taxes and special
assessments.
8.0103
Termination of Service. The City shall have the right to disconnect or refuse to connect any
municipal utility service for the following reasons: (SDCL 9-47-1)
A. Failure to meet the applicable provisions of law.
B. Violation of the rules and regulations pertaining to utility service.
C. Nonpayment of bills.
D. Willful or negligent waste of service due to improper or imperfect pipes, fixtures, appliances
or otherwise.
E. Tampering with any meter, seal, or other equipment controlling or regulating the supply of
utility service.
F. Theft or diversion and/or use of service without payment therefore.
G. Vacancy of premises.
The City shall give the municipal utility service customer at least ten (10) days notice of the
termination of municipal utility service. At any time before the date of termination, a customer
may dispute the correctness of all or a part of the amount shown on the utility bill or the
determination that a violation of this Section has occurred giving rise to termination hereunder.
A customer shall not be entitled to dispute the correctness of all or a part of the amount shown
on the municipal utility bill if all or a part of the amount shown were the subject of a previous
dispute.
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8.0104
Provisions for Termination of Service. The municipal utility shall terminate service hereunder
only during the hours of 9:00 a.m. to 3:00 p.m. Monday through Thursday, except no
termination shall be permitted on a legal holiday.
Municipal utility service shall be continued for a single thirty (30) day period upon receipt of
a physician's certificate or notice from a public health or social service official that
disconnection of municipal utility service will aggravate an existing medical emergency of the
customer or another permanent resident of the customer's premises.
The City Finance Officer may agree to the partial payment of at least 1/3 of the balance of the
municipal utility bill and the customer's entering into a written agreement to pay the balance
within sixty (60) days. Failure to make payments as agreed shall also be grounds for
termination under the provisions of this Chapter.
8.0105
Rates. Rates for the use of utilities furnished by the City shall be established by resolution by
the Lennox City Council.
8.0106
Restoration of Service. All utilities disconnected for nonpayment must pay a reconnect fee as
set by resolution by the City Council plus payment in full of the account before any utilities
will be reconnected. Reconnections will be made only during business hours, 8:00 a.m. to 5:00
p.m., Monday through Friday. Utilities voluntarily disconnected shall also require a reconnect
fee as set by the City Council and on file in the office of the Lennox Finance Officer.
8.0107
Owner, Lessee Liable. The owner of property, which is serviced by municipal utilities from
the City, shall, as well as the lessee or occupant of the property, be liable to the city for the
utility bills set forth in 8.0210, which may be recovered in an action against such owner, lessee
or occupant or against any or all of them, jointly or severally. The provisions contained in
8.0210 and 8.0106 shall equally apply to the owner of the property as they do to the
consumer/lessee or occupant.
8.0108
Tampering With City Equipment. Should the City discover damage to its equipment or an
attempt to tamper with such equipment or an attempt to falsify the amount of water or sewer,
or the amount due the City for utility service, the City may serve notice upon the consumer of
a hearing that is to be held where the consumer may show cause why service should not be
discontinued. This notice shall state the reason for the hearing and the time and place it is to
be held.
Should the City Council find that a violation of this Section has occurred and that there is no
justification for said violation, the City Council may order immediate termination of service
and service shall be reinstated only upon conditions established by the City Council.
8.0109
User Responsible for Operation and Maintenance of Water and Sewer Lines. Each occupied
residence must have a usable water and sewer service. The water, including the corporation
valve(s) attached to the main or sewer line, including the user’s connection to the sewer main
(which includes water-tight wye in the sewer main) shall be the exclusive responsibility of the
property owner. The user/owner bears all costs, whether new, repair, or replacement of existing
water/sewer connections. All owners must, at their own expense, keep their service pipe, from
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the point of connection to the main, and all other equipment in good working order and properly
protected from frost and other damage. The Water Superintendent may determine if
corporation valves, which are no longer working properly need, to be replaced. Thirty (30)
days after written notice from the Water Superintendent, if the shut-off valve has not been
replaced, the Water Superintendent shall cause such repairs to be made and the cost of these
repairs shall be assessed against the property. In the event that a property owner must excavate
to repair a line, it shall be his responsibility to fill in such excavation to the satisfaction of the
City. It shall be the responsibility of the City to replace the pavement displaced by such
excavation at the cost of the property owner.
8.0110
City Not Liable for Damage. No claim shall be made against the City by reason of the breaking
of any service pipe or equipment, or for any other damage that may result from shutting off
water for repairing or any other purpose, or for any variation in pressure, or ram of water from
mains, and no reduction will be made from regular rates because of leaking pipes or fixtures.
The city shall not be liable for damage or injury to person or property whether caused by fire,
interruption of service, downed lines, blackouts, brownouts, discontinuance of service, or other
utility-related problems which shall arise from mechanical breakdowns, electricity supply
reductions, and act of God, or other cause beyond the control of the City.
8.0111
Powers and Authority of Inspectors. Superintendents and other duly authorized employees of
the City bearing proper credentials and identification shall be permitted to enter all properties
upon reasonable notice for the purposes of inspection, observation, measurement, sampling,
and testing pertinent to utility service to the community system in accordance with the
provisions of this Title.
8.0112
Utilities to Nonresidents. The City may provide utilities and a delivery system to areas outside
of the City limits to include both residential and commercial use provided that the City
complies with all state laws and regulations in doing so. All nonresident users of the City’s
utilities and delivery systems shall agree in writing to be bound by all of the requirements in
Title 8.
8.0113
Service Taps - Extensions. Tapping of any water or sewer main for the purpose of making
connection shall be done only by authorized personnel of the City. Distribution or collection
mains shall be provided at the discretion of the Water and Sewer Committee, in streets,
avenues, or alleys abutting the property to be served. Water and sewer facilities for hookups
shall be provided, unless otherwise specified by the Committee, to the curb line from the
distribution or collection main. Extension of distribution or collection mains shall be only as
specified by the Committee in its discretion.
Any property owner may petition for a new hookup or connection to any city water and sewer
line. The City Council, with the advice and consent of the Committee, in its discretion, may
allow such connection or hookup provided that the petitioning property owner pays the cost for
said hookup or connection from the point it joins the City distribution or collection main for
the total frontage to the petitioning property owners' lot line. This shall hereinafter be referred
to as the extension line. The Committee may require said extension line to the farthest end of
the petitioning property owners' lot line.
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Any additional property owners desiring hookups from the extension lines thus paid for by the
petitioning property owners shall reimburse the petitioning property owner for their pro rata
share of the actual costs as provided herein. The pro rata share of the actual costs shall be
determined by multiplying the actual costs by a fraction, the numerator of which is the total
front footage of the additional property owner desiring a hookup from the extension line and
the denominator of which is the total front footage provided by the extension line which was
paid for by the petitioning property owner. Said charge to be paid by the additional property
owners desiring hookups shall be payable only for the benefit of the petitioning property owner,
and shall not run with the land. The actual costs referred to herein shall be satisfaction of the
City. It shall be the responsibility of the City to replace the pavement displaced by such
excavation at the cost of the property owner.
8.0114
Water and Sewer Hookup Fees. An initial water and sewer hook-up fee shall be established
by resolution by the Lennox City Council. This hook-up fee should be paid by all applicants
for water and sewer service at the time of application.
CHAPTER 8.02 - WATER PROVISIONS
8.0201
Permit. Any person desiring water service from the City shall make application to the City
Finance Officer and shall furnish a hookup fee in an amount set by the City Council with that
application as evidence that he or she will comply with all ordinances pertaining to such
service. Upon the filing of the application and the payment of the permit fee and deposit, a
permit shall be issued authorizing the connection to be made at the place provided for therein.
No tap shall be made until a permit is issued therefore.
8.0202
Authorization Required to Tap Mains. No person shall be permitted to tap the distribution
pipes or insert stop cocks or ferrules therein unless authorized by the Water Superintendent.
No plumber or any other person shall make any attachment to any old pipe or water fixture on
premises from which water has been off unless the City has reissued a permit for the same.
Nor shall any plumber or other person make any alteration in any pipe or water fixture attached
to the water works distributing pipes to conduct water into adjoining premises or into stables,
baths, water closets, wash basins, cisterns, fountains, or for any other purpose whatever without
application having first been made and written permit obtained. The plumber shall close the
stop cock at the sidewalk at the completion of any job of plumbing work and return his permit.
8.0203
Lead-Free Pipes. No person shall be permitted to connect to the City's water main, except
existing connections, unless the consumer provides, at his own expense, copper pipe, fitting
and joints from the City's water main to the consumer's curb stop if it is an existing structure to
which the after service is provided. If the consumer's existing water line connection needs to
be repaired or replaced, and thus excavation conducted to expose the water line connection,
then at that time, a lead-free pipe must be exposed or a copper pipe must be installed. All new
or existing dwellings, business structures or improvements shall meet the appropriate federal
and state statutory requirements for lead-free pipes, fittings and joints in its water distribution
system, otherwise the City will not provide water service to that new or existing dwelling,
business structure or improvement. The City assumes no liability for providing water service
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to consumers owning existing structures that may have lead pipes, fittings or joints, since all
consumers in the city have been notified in writing of the potential for lead contamination in
their water at their tap caused by their continued use of lead pipes, fittings and joints.
8.0204
Meter Required. All places supplied with water shall be metered by a meter of a type approved
by the City Council installed at the cost of the owner or user. A monthly service charge, as set
by resolution of the Lennox City Council, will be assessed for replacement and repair, but in
no event less than fifty (50) cents per month, or part thereof, per meter.
8.0205
Inspection of Meters. Any person authorized by the City Council to read water meters or make
inspections shall be allowed free access at all reasonable hours to any building or premises
where water is used. If such persons are not allowed such access, the City, in its discretion,
may estimate the water use, shut off the water, make additional charges, or take other action
not inconsistent with the law.
8.0206
Meter Sealed. Upon the installation of meters, they shall be sealed both at register box and
couplings, with a form of seal designated by the City Council, and these seals must not be
broken except upon its authority. Any person violating this provision shall upon conviction
thereof be subject to the penalties provided in this ordinance (Section 11.0101).
8.0207
Repair and Return of Meters. The replacement or repair of meters shall be done without cost
to property owners or users, unless occasioned by the property owner’s or user’s negligence,
misuse, or violations of federal, state or city law, rule, ordinance or regulation.
8.0208
Replacing of Meters. The Water Superintendent shall determine if water meters which are no
longer working properly need to be replaced. The City shall provide a new replacement meter
and install said meter. Any additional repairs needed on the property owner's pipes or property
to install such meter will also be at the expense of the property owner. With a new replacement
meter, the property owner shall install a dual check valve approved by the American Water and
Wastewater Association at the property owner's expense.
Any new or replacement encasement for underground meters must be of metal, concrete, or
polyvinyl chloride (PVC) with an outside dial for guaranteed accessibility to city employees.
8.0209
Testing Meters. If the consumer doubts accuracy of any meter, he may have the meter tested
by the City. If the meter is more than three (3) percent fast, proper deductions will be made
from the bill for the preceding period. If the meter is more than three (3) percent slow, the
proper amount will be added to the bill. If after testing the meter is shown to be accurate, the
property owner shall be responsible for the all costs associated with the meter testing.
8.0210
Meter Reading. The City of Lennox shall be responsible for reading each customer’s water
meters monthly. Following said reading, the City shall bill the customer for any water service
supplied. Any bill for water services which is not paid on or before the 5th day of the month
following the month of the billing shall be delinquent. The amount of any penalties related to
delinquency shall be set by resolution of the City Council. Failure of the customer to comply
with the time of payment of water bills shall subject them to be shut off from water service in
accordance with Section 8.0103.
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8.0211
Water - Restrictions. The City may limit or prohibit temporarily the use of water from the City
distribution system for any purpose, except domestic purposes within the dwellings of
consumers or in business establishments, during emergencies, in the event of plant breakdown,
prolonged drought or shortage of water supply for any reason in order to maintain maximum
fire protection efficiency. The Mayor shall authorize the imposition of these restrictions. The
City will attempt to notify affected utility customers if time permits of any such limitation. Any
person violating the terms of such prohibition or restriction after such notice shall upon
conviction thereof be subject to the penalties provided in this ordinance (Section 11.0101).
Water service to the premises involved may be discontinued entirely during emergency.
8.0212
Joint Water Users Liable. In case two or more users are supplied with water from the same
service pipe, if any of the parties fail to pay the water charge when due, or to comply with any
rule of the City, the City reserves the right to cut off the water from the whole service until
such charge is paid, or the rules strictly complied with, and it is expressly stipulated that no
claim for damage or otherwise may be made against said City by any user whose water charge
has been paid, or who has complied with the rules of said City, because of such turn-off, it
being expressly stipulated that the necessity for such turn-off shall be deemed to be the joint
act of all served through such service.
8.0213
Dual Check Backflow Preventor. A dual check backflow preventor approved by the City
Council shall be installed on the outlet side of the water meter on all new homes or buildings
or anytime plumbing is changed within five feet (5') of the outlet side of said meter.
It shall be the owner’s responsibility to maintain the dual check backflow preventor.
8.0214
Definition. “Water User” shall be defined as all residential and non-residential users including
all households, apartment dwellers, housing units, industrial and commercial establishments.
This term is not to include residents of a nursing home.
8.0215
Penalty. Any person violating any of the provisions of this Chapter shall, in addition to the
ordinary penalties prescribed for violation of this ordinance, be subject to having water service
turned off to the premises of such consumer, and service shall not be restored until there has
been full compliance of this Chapter, and the payment of such penalties imposed and fees for
restoring service as may be provided by this Chapter.
8.0216
Sale of Wells. The City may offer for sale six wells, Lennox City Parcel Nos. 098.51.24.1010,
098.51.12.4021, 098.51.14.4010, 098.51.13.A100, 098.51.12.B100, and 098.51.12.A100 for
said sum as it deems appropriate but for no less than the depreciated value of the same and in
an amount sufficient to cover any secured debt against said wells. The City shall, commensurate
with such sale, retain the right to utilize said services in an emergency to the extent the needs
of the City are not otherwise met. Sale proceeds are subject to SDCL § 16-13-8.
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CHAPTER 8.03 - SEWER PROVISIONS
8.0301
Definitions.
A. “Biochemical Oxygen Demand (BOD)” - The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedures in five (5)
days at twenty (20) degrees Centigrade, expressed in milligrams per liter.
B. “Building Drain” - That part of the lowest horizontal piping of a drainage system which
receives the discharge from soil, waste, and other drainage pipes inside the walls of the
building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside
the inner face of the building wall.
C. “Building Sewer” - The extension from the building drain to the public sewer or other place
of disposal, also called house connection.
D. “Combined Sewer” - A sewer intended to receive wastewater and storm or surface water.
E. “Easement” - An acquired legal right for the specific use of land owned by others.
F. “Floatable Oil” – Oil, fat or grease in a physical state such that it will separate by gravity
from wastewater by treatment in an approved pretreatment facility.
G. “Garbage” - The animal and vegetable waste resulting from the handling, preparation,
cooking and serving of foods.
H. “Industrial Wastes” - The wastewater from industrial processes, trade or business as
distinct from domestic or sanitary waste.
I.
“Natural Outlet” - Any outlet, including storm sewers and combined sewer overflows, into
a watercourse, pond, ditch, lake or other body of surface or ground water.
J. “pH” - The logarithm of the reciprocal of the hydrogen ion concentration. The
concentration is the weight of hydrogen ions, in grams, per liter of solution. Neutral water,
for example, has a pH value of 7 and a hydrogen ion concentration of 10-7.
K. “Properly Shredded Garbage” - The wastes from the preparation, cooking and dispensing
of food that has been shredded to such a degree that all particles will be carried freely under
the flow conditions normally prevailing in public sewers, with no particle greater than ½
inch (1.27 centimeters) in any dimension.
L. “Public Sewer” - A common sewer controlled by a governmental agency or public utility.
M. “Sanitary Sewer” - A sewer that carries liquid and water-carried wastes from residences,
commercial buildings, industrial plants and institutions together with minor quantities of
ground, storm and surface waters that are not admitted intentionally.
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N. “Sewage” - The spent water of a community. The preferred term is “wastewater.”
O. “Sewer” - A pipe or conduit that carries wastewater or drainage water.
P. “Slug” - Any discharge of water or wastewater, which in concentration of any given
constituent or in quantity of flow exceeds for any period of duration longer than fifteen
(15) minutes more than five (5) times the average twenty-four (24) hour concentration or
flows during normal operation and shall adversely affect the collection system and/or
performance of the wastewater treatment works.
Q. “Storm Drain” (sometimes called “Storm Sewer”) - A drain or sewer for conveying water,
groundwater, subsurface water or unpolluted water from any source.
R. “Superintendent” - The superintendent of wastewater facilities of the City or his authorized
deputy, agent or representative.
S. “Suspended Solids” - Total suspended matter that either floats on the surface of, or is in
suspension in water, wastewater, or other liquids, and that is removable by laboratory
filtering as prescribed in “Standard Methods for the Examination of Water and
Wastewater” and referred to as nonfilterable residue.
T. “Unpolluted Water” - Water of quality equal to or better than the effluent criteria in effect
or water that would not cause violation of receiving water quality standards and would not
be benefited by discharge to the sanitary sewers and wastewater treatment facilities
provided.
U. “User” - All residential and non-residential users including all households, apartment
dwellers, housing units, industrial and commercial establishments. This term is not to
include residents of a nursing home.
V. “Wastewater” - The spent water of a community. From the standpoint of source, it may be
a combination of the liquid and water-carried wastes from residences, commercial
buildings, industrial plants and institutions, together with any groundwater, surface water
and stormwater that may be present.
W. “Wastewater Facilities” - The structures, equipment and processes required to collect, carry
away and treat domestic and industrial wastes and dispose of the effluent.
X. "Wastewater treatment works" shall mean an arrangement of devices and structures for
treating wastewater, industrial wastes, and sludge. Sometimes used as synonymous with
"waste treatment plant" or "wastewater treatment plant" or "water pollution control plant."
Y. "Watercourse" shall mean a natural or artificial channel for the passage of water either
continuously or intermittently.
8.0302
Use of Public Sewers Required.
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A. It shall be unlawful for any person to place, deposit, or permit to be deposited in any
unsanitary manner on public or private property within the City, or in any area under its
jurisdiction, any human or animal excrement, garbage, or other objectionable waste.
B. It shall be unlawful to discharge to any natural outlet within the City of Lennox, or in any
area under the jurisdiction of said City, any sewage or other polluted waters, except where
suitable treatment has been provided in accordance with subsequent provisions of this
Chapter.
C. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy,
privy vault, septic tank, cesspool, or other facility intended or used for the disposal of
wastewater within the City or within 200 feet of City sewer system.
D. The owner of all houses, buildings, or properties used for human occupancy, employment,
recreation, or other purposes, situated within the City and abutting on any street, alley, or
right-of-way in which there is now located or may in the future be located a public sewer,
is hereby required at the owner's expense to install suitable toilet facilities therein, and to
connect such facilities directly with the proper public sewer in accordance with the
provisions of this Chapter, within 120 days after date of official notice to do so, provided
that said public sewer is within 200 feet of the property line.
E. The procedure for determining equitable sewer charges to be levied on all users which
discharge wastewater to the City wastewater system is established by resolution by the City
Council and kept on file in the office of the Lennox Finance Officer.
8.0303
Private Wastewater Disposal.
A. Where a public sanitary sewer is not available under the provisions of Section 8.0302 (D),
the building sewer shall be connected to a private wastewater disposal system complying
with the provisions of this Section (8.0303).
B. Before commencement of construction of a private wastewater disposal system, the owner
shall first obtain a written permit signed by the Superintendent. The application for such
permit shall be made on a form furnished by the City, which the applicant shall supplement
by any plans, specifications, and other information as are deemed necessary by the
Superintendent. A permit and inspection fee of twenty-five ($25) dollars shall be paid to
the City at the time the application is filed.
C. A permit for a private wastewater disposal system shall not become effective until the
installation is completed to the satisfaction of the Superintendent. The Superintendent shall
be allowed to inspect the work at any stage of construction, and, in any event, the applicant
for the permit shall notify the Superintendent when the work is ready for final inspection,
and before any underground portions are covered. The inspection shall be made within
forty-eight (48) hours of the receipt of notice by the Superintendent.
D. The type, capacity, location, and layout of a private wastewater disposal system shall
comply with all the recommendations of the department of public health of the State of
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South Dakota. No permit shall be issued for any private wastewater disposal system
employing subsurface soil absorption facilities where the area of the lot is less than 43,560
square feet (1 acre). No septic tank or cesspool shall be permitted to discharge to any
natural outlet.
E. At such time as a public sewer becomes available to a property served by a private
wastewater disposal system, as provided in 8.0303 (D), a direct connection shall be made
to the public sewer within sixty (60) days in compliance with this chapter, and any septic
tanks, cesspools and similar private wastewater disposal facilities shall be cleaned of sludge
and filled with suitable material.
F. The owner shall operate and maintain the private wastewater disposal facilities in a sanitary
manner at all times, at no expense to the City. The City may notify the owner upon receipt
of a complaint and the owner must comply within forty-eight (48) hours.
G. No statement contained in this Chapter shall be construed to interfere with any additional
requirements that may be imposed by the City.
8.0304
Sanitary Sewers, Building Sewers and Connections.
A. No unauthorized person(s) shall uncover, make any connections with or opening into, use,
alter, or disturb any public sewer or appurtenance thereof without first obtaining a written
permit from the Superintendent.
B. There shall be two (2) classes of building sewer permits: (a) for residential and commercial
service, and (b) for service to establishments producing industrial wastes. In either case,
the owner or his agent shall make application on a form furnished by the City. The permit
application shall be supplemented by any plans, specifications, or other information
considered pertinent in the judgment of the Superintendent. A permit and inspection fee
for a residential, commercial or industrial building sewer permit shall be paid to the City
at the time the application is filed. The amount of the fee shall be set by resolution of the
City Council, which is on file at the finance office.
C. All costs and expense incidental to the installation and connection of the building sewer
shall be borne by the owner. The owner shall indemnify the City from any loss or damage
that may directly or indirectly be occasioned by the installation of the building sewer.
D. A separate and independent building sewer shall be provided for every building; except
where one building stands at the rear of another or an interior lot and no private sewer is
available or can be constructed to the rear building through an adjoining alley, court, yard,
or driveway. The building sewer from the front building may be extended to the rear
building and the whole considered as one building sewer, but the City does not and will
not assume any obligation or responsibility for damage caused by or resulting from any
such single connection aforementioned.
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E. Old building sewers may be used in connection with new buildings only when they are
found, on examination and test by the Superintendent, to meet all requirements of this
Chapter.
F. The size, slope, alignment, materials of construction of all sanitary sewers including
building sewers, and the methods to be use in excavating, placing of the pipe, jointing, and
backfilling the trench, shall all conform to the requirements of the building and plumbing
code or applicable rules and regulations of the city and the State of South Dakota. In the
absence of suitable code provisions or in amplification thereof, the materials and
procedures set forth in the appropriate specifications of the A.S.T.M. and W.P.C.F. Manual
of Practice No. 9 shall apply.
G. Whenever possible, the building sewer shall be brought to the building at an elevation
below the basement floor. In all buildings in which any building drain is too low to permit
gravity flow to the public sewer, sanitary sewage carried by such building drain shall be
lifted by an approved means and discharged to the building sewer.
Connections between roof downspouts, foundation drains,
areaway drains, garage floor drains, sump pumps, or other sources of surface runoff
or groundwater, and the public sanitary sewer, whether directly or indirectly, are
prohibited. In certain locations or situations where surface water discharge would
create a safety hazard during freezing weather, connection to the sanitary sewer line
may be permitted by the Utilities Superintendent.
H.
Any person, owner, lessee or occupant who has presently made or permitted to be
made, or shall make or permit to be made, any connection or installation in violation
of Section 8.0304(H) shall immediately remove that connection or correct that
installation. If not removed or corrected within ten (10) calendar days after notice
of violation has been delivered personally or by certified mail to that person, owner,
lessee or occupant, the City shall impose a surcharge of five hundred dollars ($500)
per month on the sewer bill of the property owners who are not in compliance. All
properties found during regular or periodic re-inspection programs that violate
Section 8.0304(H) will be subject, at the discretion of the City, to the imposition of
the monthly fee for all months between the two most recent inspections.
I.
The connection of the building sewer into the public sewer shall conform to the
requirements of the building and plumbing code or other applicable rules and regulations
of the City, and the State of South Dakota or the procedures set forth in appropriate
specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9. All such
connections shall be made gastight and watertight and verified by proper testing. Any
deviation from the prescribed procedures and materials must be approved by the
Superintendent before installation.
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J. The applicant for the building sewer permit shall notify the Superintendent when the
building sewer is ready for inspection and connection to the public sewer. The connection
and testing shall be made under the supervision of the Superintendent or his representative.
K. All excavations for building sewer installation shall be adequately guarded with barricades
and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other
public property disturbed in the course of the work shall be restored in a manner
satisfactory to the City.
8.0305
Use of the Public Sewers.
A. No person(s) shall discharge or cause to be discharged any unpolluted waters such as
stormwater, surface water, groundwater, roof runoff, subsurface drainage, or cooling water
to any sewer, except stormwater runoff from limited areas, which stormwater may be
polluted at times, may be discharged to the sanitary sewer by permission of the
Superintendent and the South Dakota State Department of Health.
B. Stormwater other than that exempted under Section 8.0305 (A) and all other unpolluted
drainage shall be discharged to such sewers as are specifically designated as combined
sewers or storm sewers, or to a natural outlet approved by the Superintendent and other
regulatory agencies. Unpolluted industrial cooling water or process waters may be
discharged, on approval of the Superintendent, to a storm sewer, combined sewer, or
natural outlet.
C. No person shall discharge or cause to be discharged any of the following water or wastes
into any public sewers:
1. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid,
or gas.
2. Any waters containing toxic or poisonous solids, liquids, or gases in sufficient quantity,
either singly or by interaction with other wastes, to injure or interfere with any sewage
treatment process, constitute a hazard to humans or animals, to create a public
nuisance, or to create any hazard or adverse effect on the waters receiving any
discharge from the treatment works.
Each user which discharges any toxic pollutants which cause an increase in the cost of
managing the effluent or the sludge of the Lennox treatment works shall pay for such
increased costs.
3. Solid or viscous substances in quantities or of such size capable of causing obstruction
to the flow in sewers, or other interference with the proper operation of the wastewater
facilities such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch
manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either
whole or ground by garbage grinders.
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D. The following described substances, materials, waters, or waste shall be limited in
discharges to municipal systems to concentrations or quantities which will not harm either
the sewers, the sludge of any municipal system, or the wastewater treatment process or
equipment, nor have an adverse effect on the receiving stream, nor otherwise endanger
lives, limb, public property, or constitute a nuisance. The Superintendent may set
limitations lower than the limitations established in the regulations below, if, in his opinion
such more severe limitations are necessary to meet the above objectives.
In forming his opinion as to the acceptability, the Superintendent will give consideration
to such factors as the quantity of subject waste in relation to flows and velocities in the
sewers, materials of construction of the sewers, the wastewater treatment process
employed, capacity of the wastewater treatment plant, and other pertinent factors. The
limitations or restrictions on materials or characteristics of waste or wastewaters discharged
to the sanitary sewer which shall not be violated without approval of the Superintendent
are as follows:
1. Wastewater having a temperature higher than 150o Fahrenheit (65o Celsius).
2. Wastewater containing more than 25 milligrams per liter of petroleum oil,
nonbiodegradable cutting oil, or products of mineral oil origin.
3. Wastewater from industrial plants containing floatable oils, fat, or grease.
4. Any garbage that has not been properly shredded (see 8.0301, definitions). Garbage
grinders may be connected to sanitary sewers from homes, hotels, institutions,
restaurants, hospitals, catering establishments, or similar places where garbage
originates from the preparation of food in kitchens for the purpose of consumption on
the premises or when served by caterers.
5. Any waters or wastes containing iron, chromium, copper, zinc and similar
objectionable or toxic substances to such degree that any such material received in the
composite wastewater at the wastewater treatment works exceeds the limits established
by the Superintendent for such materials.
6. Any waters or wastes containing odor-producing substances exceeding limits which
may be established by the Superintendent.
7. Any radioactive wastes or isotopes of such half-life or concentration as may exceed
limits established by the Superintendent in compliance with applicable state or federal
regulations.
8. Quantities of flow, concentrations, or both which constitute a "slug" as defined herein.
9. Waters or wastes containing substances which are not amenable to treatment or
reduction by the wastewater treatment processes employed, or are amenable to
treatment only to such degree that the wastewater treatment plant effluent cannot meet
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the requirements of other agencies having jurisdiction over discharge to the receiving
waters.
10. Any water or wastes which, by interaction with other water or wastes in the public
sewer system, release obnoxious gases, form suspended solids which interfere with the
collection system, or create a condition deleterious to structures and treatment
processes.
11. Wastewater having a pH less than 5.5 or more than 12.5, or otherwise causing corrosive
structural damage to the POTW or equipment.
E. If any waters or wastes are discharged, or are proposed to be discharged to the public
sewers, which waters contain the substances or possess the characteristics enumerated in
Section 8.0305 (D) of this Chapter, and which in the judgment of the Superintendent, may
have a deleterious effect upon the wastewater facilities, processes, equipment, or receiving
waters, or which otherwise create a hazard to life or constitute a public nuisance, the
Superintendent may:
1.
2.
3.
4.
Reject the wastes,
Require pretreatment to an acceptable condition for discharge to the public sewers,
Require control over the quantities and rates of discharge, and/or
Require payment to cover the added cost of handling and treating the wastes not
covered by existing taxes or sewer charges under the provisions of Section 8.0305 (K)
of this Chapter. If the Superintendent permits the pretreatment or equalization of waste
flow, the design and installation of the plants and equipment shall be subject to the
review and approval of the Superintendent and the South Dakota State Department of
Environment and Natural Resources.
F. Grease, oil, and sand interceptors shall be provided when, in the opinion of the
Superintendent, they are necessary for the proper handling of liquid wastes containing
floatable grease in excessive amounts as specified in Section 8.0305 (E) (3), or any
flammable wastes, sand, or other harmful ingredients; except that such interceptors shall
not be required for private living quarters or dwelling units. All interceptors shall be of a
type and capacity approved by the Superintendent and the South Dakota State Plumbing
Code, and shall be located so as to be readily and easily accessible for cleaning and
inspection. In the maintaining of these interceptors, the owner shall be responsible for the
proper removal and disposal by appropriate means of the captivated material and shall
maintain records of the dates and means of disposal which are subject to review by the
Superintendent. Any removal and hauling of the collected materials not performed by
owner personnel must be performed by currently licensed waste disposal firms.
G. Where pretreatment or flow-equalization facilities are provided or required for any waters
or wastes, they shall be maintained continuously in satisfactory and effective operation by
the owner at his expense.
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H. When required by the Superintendent, the owner of any property serviced by a building
sewer carrying industrial wastes shall install a suitable structure together with such
necessary meters and other appurtenances in the building sewer to facilitate observation,
sampling, and measurement of the wastes. Such structures, when required, shall be
accessible and safely located, and shall be constructed in accordance with plans approved
by the Superintendent.
The structures shall be installed by the owner at his expense, and shall be maintained by
him so as to be safe and accessible at all times.
I.
The Superintendent may require a user of sewer services to provide information needed to
determine compliance with this Chapter. These requirements may include:
1. Wastewater discharge peak rate and volume over a specified time period.
2. Chemical analyses of wastewaters.
3. Information on raw materials, processes, and products affecting wastewater volume
and quality.
4. Quantity and disposition of specific liquid, sludge, oil, solvent or other materials
important to sewer use control.
5. A plot plan of sewers on the user’s property showing sewer and pretreatment facility
location.
6. Details of wastewater pretreatment facilities.
7. Details of systems to prevent and control the losses of material through spills to the
municipal sewer.
J. All measurements, tests, and analyses of the characteristics of waters and wastes to which
reference is made in this chapter shall be determined in accordance with the latest edition
of "Standard Methods for the Examination of Water and Wastewater," published by the
American Public Health Association. Sampling methods, location, times, durations, and
frequencies are to be determined on an individual basis subject to approval by the
Superintendent.
K. No statement contained in this Section 8.0305 shall be construed as preventing any special
agreement or arrangement between the City and any industrial concern whereby an
industrial waste of unusual strength or character may be accepted by the City for treatment.
8.0306
Destruction of Property. No person(s) shall maliciously, willfully or negligently damage,
destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is a
part of the wastewater facilities. Any person violating this provision shall be subject to
immediate arrest under charge of disorderly conduct.
8.0307
Powers and Authority of Inspectors.
A. The Superintendent and other duly authorized employees of the City bearing proper
credentials and identification shall be permitted to enter all properties for the purposes of
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inspection, observation, measurement, sampling, and testing pertinent to discharge to the
community system in accordance with the provisions of this Chapter.
B. The Superintendent or other duly authorized employees are authorized to obtain
information concerning industrial processes which have a direct bearing on the kind and
source of discharge to the wastewater collection system. The industry may withhold
information considered confidential. The industry must establish that the revelation to the
public of the information in question might result in an advantage to competitors.
C. While performing necessary work on private properties referred to in Section 8.0307 (A),
the Superintendent or duly authorized employees of the City shall observe all safety rules
applicable to the premises established by the company, and the company shall be held
harmless for injury or death to the City employees, and the City shall indemnify the
company against loss or damage to its property by City employees and against liability
claims and demands for personal injury or property damage growing out of the gauging
and sampling operation, except as such may be caused by negligence or failure of the
company to maintain safe conditions as required in Section 8.0305 (H).
D. The Superintendent and other duly authorized employees of the City bearing proper
credentials and identification shall be permitted to enter all private properties through
which the City holds a duly negotiated easement for the purposes of, but not limited to,
inspection, observation, measurement, sampling, repair, and maintenance of any portion of
the wastewater facilities lying within said easement. Entry and all subsequent work shall
be in accordance with the terms of the easement pertaining to the private property involved.
8.0308
Penalties.
A. Any person found to be violating any provision of this chapter except Section 8.0306 shall
be served by the City with written notice stating the nature of the violation and providing
notice to the offender to permanently cease all violations within ten (10) days.
B. Any person who shall continue any violation beyond ten (10) days shall be charged with
violating the ordinance. Each day in which any such violation shall continue shall be
deemed a separate offense.
C. Any person violating any provision(s) of this Chapter shall become liable to the City for
any expense, loss, or damage occasioned the City by reason of such violations, including
attorney fees incurred to enforce these provisions.
8.0309
Wastewater Facilities Replacement Fund. A reserve fund called the Wastewater Facilities
Replacement Fund is hereby established within the wastewater utility fund to provide sufficient
funds for obtaining and installing equipment, accessories and appurtenances, during the useful
life of the wastewater treatment facilities, necessary to maintain the capacity and performance
for which such facilities are constructed.
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TITLE 9 - PLANNING AND ZONING
[MUNICIPAL PLANNING AND ZONING SDCL 11-4]
[COMPREHENSIVE CITY PLANNING SDCL 11-6]
Chapter 9.01 - General
Chapter 9.02 - Planning Commission
Chapter 9.03 - Building Code
Chapter 9.04 - Residential Code
Chapter 9.05 - Property Maintenance Code
Chapter 9.06 - Flood Damage Prevention
Chapter 9.07 - Urban and Rural Service Districts
CHAPTER 9.01 - GENERAL
9.0101
Ordinances Saved from Repeal. Nothing in this chapter shall be construed to repeal or
otherwise affect in any manner:
A. Any zoning ordinance of the City or amendment thereto.
B. Any subdivision ordinance of the City or amendment thereto.
C. Any ordinance dedicating, accepting or vacating any plat or subdivision in the City or any
part thereof.
CHAPTER 9.02 - PLANNING COMMISSION
9.0201
Creation of Planning Commission. There is hereby created a City Planning Commission for
the City.
9.0202
Membership, Terms and Compensation. The Planning Commission shall consist of five
members appointed by the Mayor, subject to the approval of the City Council. The appointment
of each member shall be for terms of two years. The compensation of the Planning Commission
shall be fixed by resolution by the City Council.
(Amended: Ordinance No. 543, 04-14-14)
9.02021
9.0203
Membership Qualification. All members of the City Planning and Zoning Commission shall
own property or reside within the City of Lennox municipal boundaries.
Organization. The Planning Commission shall elect a Chairman from among its members
for a term of one year with eligibility for re-election, and shall also elect a Vice-Chairman
and Secretary in a manner prescribed by the rule of the members. The Planning
Commission shall meet monthly if there is business to be conducted and shall adopt rules
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for transaction of its business and keep a record of its resolutions, transactions, findings
and determinations which shall be a public record.
The Planning Commission may appoint such employees as it may deem necessary for its
work, and may also contract with planners, engineers, architects and other consultants
for such services as it may require, provided, however, that such appointments and
contracts shall be approved by the City Council.
9.0204
Territorial Extent of Powers. The Planning Commission may exercise the comprehensive
planning and zoning powers granted in SDCL 11-4 and 11-6, and acts amendatory thereof, not
only within the corporate limits of the City, but also within an area of up to three miles of the
corporate limits as provided by law.
9.0205
Preparation of Comprehensive Plan. For the purpose of making a comprehensive plan for the
development of the City, the Planning Commission shall make or cause to be made careful and
comprehensive studies of present conditions and future growth of the City, including any land
outside the City which bears relation to the comprehensive plan. The comprehensive plan shall
be made with the general purpose of guiding and accomplishing a coordinated and harmonious
development of the City and its environs.
After such comprehensive plan has been adopted according to law, no substantial amendment
or modification thereof shall be made, without such proposed change first being referred to the
Planning Commission for its recommendations.
9.0206
Zoning Regulations. It shall be a duty of the Planning Commission to recommend the
boundaries of zoning districts and appropriate regulations to be enforced therein, in accordance
with the comprehensive plan. All applications and proposals for changes in or amendments to
the zoning regulations shall first be submitted to the Planning Commission for its
recommendations.
9.0207
Subdivision Plats and Regulations. All plans, plats, or re-plats of subdivisions or resubdivisions of land within the jurisdiction of this ordinance shall first be submitted to the
Planning Commission for its recommendation before approval by the City Council.
The Planning Commission shall prepare and recommend to the City Council regulations
governing the subdivision of land within its jurisdiction. No amendments or changes thereto
shall be made without recommendation by the Planning Commission.
9.0208
Powers and Duties. The Planning Commission, its members and employees, shall have all
powers as may be necessary to enable it to fulfill and perform its functions, and to carry out all
the purposes and powers provided in SDCL 11-4 and 11-6, and acts amendatory thereof.
9.0209
Vacancies. Any vacancy in the membership of the Planning Commission shall be filled for the
unexpired term by the Mayor in the same manner as for appointment.
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9.0210
Removal for Cause. The Mayor, with the confirmation of the City Council, shall have authority
to remove any member of the Planning Commission for cause, which cause shall be stated in
writing and made a part of the member’s official employment record.
CHAPTER 9.03 - BUILDING CODE
9.0301
Adopted. The International Building Code, 2018 Edition, including Appendix C and Appendix
I as published by the International Code Council Inc., and amendments and additions thereto
as provided in this article are hereby adopted as the Building Code by the City of Lennox for
regulating the erection, construction, enlargement, alteration, repair, moving, removal,
demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all
buildings and structures in the City of Lennox providing for the issuance of permits and
collection of fees therefore. The minimum building standards in the 2018 edition of the
International Building Code and amendments thereto shall be applied to any building permit
issued after August 1, 2020. .
A printed copy as amended is on file with the Building Inspector.
9.0302
Modifications by the City of Lennox to the 2018 International Building Code. The following
sections and subsections of the 2018 International Building Code adopted in this article shall
be amended, added, or not adopted by the City as follows. All other sections or subsections of
the 2009 International Building Code as published shall remain the same.
9.0303
Conflicts. In the event of any conflicts between the provisions of the code adopted by the
subchapter and applicable provisions of the Code of Ordinances, state law or city ordinance,
rule or regulation, the provisions of this Code of Ordinance, state law or city ordinance, rule or
regulation shall prevail and be controlling.
Part 1: Scope and Application
101.1 Title. These regulations shall be known as the building code of the city of Sioux Falls,
hereinafter referred to as “this code.”
101.2 Scope. The provisions of this code shall apply to the constructions, alteration, relocation,
enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal
and demolition of every building or any structure or any appurtenances connected or attached to
such buildings or structures.
Exception: detached one and two-family dwellings and multiple single-family dwellings
(townhouses), including manufactured homes, not more than three stories above grade plane in
height with a separate means of egress, and their accessory structures not more than three stories
above grade plane in height, shall comply with the International Residential Code.
101.4 Referenced Codes. The other codes listed in sections 101.4.1 through 101.4.7 and
referenced elsewhere in this code shall be considered part of the requirements of this code to the
prescribed extent of each such reference.
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101.4.1 Gas. The provisions of the International Fuel Gas Code or the plumbing code
shall apply to the installation of gas piping from the point of delivery, gas appliances and
related accessories as covered in this code. These requirements apply to gas piping
systems extending from the point of delivery to the inlet connections of appliances and
the installation and operation of residential and commercial gas appliances and related
accessories.
101.4.3 Plumbing. The provisions of the plumbing code shall apply to the installation,
alteration, repair, and replacement of plumbing systems, including equipment, appliances,
fixtures, fittings, and appurtenances, and where connected to a water or sewage system
and all aspects of a medical gas system.
1.1.4.3 Property Maintenance. The provisions of the International Property
Maintenance Code shall apply to existing structures and premises (including
manufactured homes); equipment and facilities, light, ventilation, space heating,
sanitation, life and fire safety hazards, responsibilities of owners, operators and
occupants; and occupancy of existing premises and strcutures
101.4.8 Electrical. The provisions of the NFPA 70 shall apply to the installation of
electrical systems, including alterations, repairs, replacement, equipment, appliances,
fixtures, fittings, and appurtenances thereto.
Section 102: Applicability
102.1 General. Where there is a conflict between a general requirement and a specific
requirement, the specific requirement shall be applicable. Where, in any specific case, difference
sections of this code specify different materials, methods of construction or other requirements,
the most restrictive shall govern.
102.2 Other Laws. The provisions of this code shall not be deemed to nullify any provisions of
local, state or federal law.
103.1 Creation of enforcement agency. Building services is hereby created and the official in
charge thereof shall be known as the building official.
103.2 Appointment. The Building Official shall be appointed by the Mayor with the consent of
the City Council.
Section 104: Duties and Powers of Building Official
104.1 General. The Building Official is hereby authorized and directed to enforce the provisions
of this code. The Building Official shall have the authority to render interpretations of this code.
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104.2 Applications and Permits. The Building Official shall receive applications, review
construction documents, and issue permits for the erection, alteration, demolition and moving of
building and structures, inspect the premises for which such permits have been issued, and
enforce compliance with the provisions of this code.
104.3 Notices and Orders. The Building Official shall issue necessary notices or orders to ensure
compliance with this code.
104.4 Inspections. The Building Official shall make he required inspections, or the building
official shall have the authority to accept reports of inspections by approved agencies or
individuals. Reports of such inspections shall be in writing and be certified by a responsible
officer of such approved agency or by the responsible individual. The Building Official is
authorized to engage such expert opinion as deemed necessary to report upon unusual technical
issues that arise, subject to the approve of the City Council.
104.6 Right of Entry. Where it is necessary to make an inspection to enforce the provisions of
this code, or where the Building Official has reasonable cause to believe that there exists in a
structure or upon a premises a condition that is contrary to or in violation of this code that make
the structure or premises unsafe, dangerous or hazardous, the Building Official is authorized to
enter the structure or premises at reasonable times to inspect or to perform the duties imposed by
this code, provided that if such structure or premises be occupied that credentials be presented to
the occupant and entry requested. If such structure of premises is unoccupied, the Building
Official shall first make a reasonable effort to locate the owner or other person having charge or
control of the structure or premises and request entry. If entry is refused, the Building Official
shall have recourse to the remedies provided by law to secure entry.
104.7 Department Records. The Building Official shall keep official records of applications
received, permits and certificates issued, fees collected, reports of inspections, and notices and
orders issued. Such records shall be retained in the official records for the period required for
retention of public records.
104.8 Liability. The building official, member of the board of appeals or employee charged with
the enforcement of this code, while acting for the jurisdiction in good faith and without malice in
the discharge of the duties required by this code or other pertinent law or ordinance, shall not
thereby be civilly or criminally rendered liable personally and is hereby relieved from personal
liability for any damage accruing to persons or property as a result of any act or by reason of an
act or omission in the discharge of official duties.
This code shall not be construed to relieve or lessen the responsibility of any person owning,
operating, or controlling any building or structure for any damages to persons or property caused
by defects, nor shall the city, or its officers and employees, be held as assuming any such liability
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by reason of the inspections authorized by this code or any permits or certificates issued under
this code.
104.8.1 Legal defense. Any suit or criminal complaint instituted against an officer or
employee because of an act performed by that officer or employee in the lawful discharge
of duties and under the provisions of this code shall be afforded all the protection
provided by the city's insurance pool and any immunities and defenses provided by other
applicable state and federal law and defended by legal representatives of the jurisdiction
until the final termination of the proceedings. The building official or any subordinate
shall not be liable for cost in any action, suit, or proceeding that is instituted in pursuance
of the provisions of this code.
104.10.1 Flood hazard areas. The floodplain administrator shall not grant modifications to any
provision required in flood hazard areas as established by Chapter 156: Floodplain Management,
unless a determination has been made that:
1. A showing of good and sufficient cause that the unique characteristics of the size,
configuration, or topography of the site render the elevation standards of Chapter 156:
Floodplain Management, inappropriate.
2. A determination that failure to grant the variance would result in exceptional hardship
by rendering the lot undevelopable.
3. A determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense, cause fraud on
or victimization of the public, or conflict with existing laws or ordinances.
4. A determination that the variance is the minimum necessary to afford relief,
considering the flood hazard.
5. Submission to the applicant of written notice specifying the difference between the
design flood elevation and the elevation to which the building is to be built, stating that
the cost of flood insurance will be commensurate with the increased risk resulting from
the reduced floor elevation, and stating that construction below the design flood elevation
increases risks to life and property.
105.1 Required. Any owner or owner's authorized agent who intends to construct, enlarge, alter,
repair, move, demolish, or change the occupancy of a building or structure, or to erect, install,
enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical, or plumbing
system, the installation of which is regulated by this code, or to cause any such work to be
performed, shall first make application to the building official and obtain the required permit.
The building official may exempt permits for minor work.
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105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not
be deemed to grant authorization for any work to be done in any manner in violation of the
provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be
required for the following:
Building:
1.One-story detached accessory structures used as tool and storage sheds, playhouses, and
similar uses, provided the floor area is not greater than 200 square feet (18.6 m2). A placement
permit is required by the zoning division.
2. Fences not over 7 feet (2,134 mm) high. A fence permit is required by the zoning
division.
3. Oil derricks.
4. Retaining walls that are not over 4 feet (1,219 mm) in height measured from the
bottom grade elevation to the top of the wall, unless supporting a surcharge or
impounding Class I, II, or IIIA liquids.
5. Water tanks supported directly on grade if the capacity is not greater than 5,000
gallons (18,927 L) and the ratio of height to diameter or width is not greater than 2:1.
6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade,
and not over any basement or story below and are not part of an accessible route. A
driveway permit is required by the zoning division. A sidewalk permit is required by the
engineering division.
7. Painting, papering, tiling, carpeting, cabinets, countertops, and similar finish work.
8. Temporary motion picture, television, and theater stage sets and scenery.
9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than
18 inches (457 mm) deep.
10. Shade cloth structures constructed for nursery or agricultural purposes, not including
service systems.
11. Swings and other playground equipment accessory to detached one- and two-family
dwellings.
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12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that
do not project more than 54 inches (1,372 mm) from the exterior wall and do not require
additional support.
13. Nonfixed and movable fixtures, cases, racks, counters, and partitions not over 5 feet 9
inches (1,753 mm) in height.
Electrical:
1. Repairs and maintenance: Minor repair work, including the replacement of lamps
or the connection of approved portable electrical equipment to approved permanently
installed receptacles.
2. Radio and television transmitting stations: The provisions of this code shall not
apply to electrical equipment used for radio and television transmissions, but do apply to
equipment and wiring for a power supply and the installations of towers and antennas.
3. Temporary testing systems: A permit shall not be required for the installation of any
temporary system required for the testing or servicing of electrical equipment or
apparatus.
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter approval of equipment or make
such equipment unsafe.
Mechanical:
1.Portable heating appliance.
2.
Portable ventilation equipment.
3.
Portable cooling unit.
4. Steam, hot, or chilled water piping within any heating or cooling equipment
regulated by this code.
5.
Replacement of any part that does not alter its approval or make it unsafe.
6.
Portable evaporative cooler.
7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of
refrigerant and actuated by motors of 1 horsepower (0.75 kW) or less.
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Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however,
that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective
and it becomes necessary to remove and replace the same with new material, such work
shall be considered as new work and a permit shall be obtained and inspection made as
provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves, or fixtures and the
removal and reinstallation of water closets, provided such repairs do not involve or
require the replacement or rearrangement of valves, pipes, or fixtures.
105.2.1 Emergency Repairs. Where equipment replacements and repairs must be performed in
an emergency situation, the permit application shall be submitted within the next working
business day to the Building Official
105.2.2 Repairs. Application or notice to the Building Official is not required for ordinary
repairs to structures, replacement of laps or the connection of approved portable electrical
equipment to approved permanently installed receptacles. Such repairs shall not include the
cutting away of any wall, partition or portion thereof, the removal or cutting of any structural
beam or load-bearing support, or the removal or change of any required means of egress or
rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs
include addition to, alteration of, replacement or relocation of any standpipe, water supply,
sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electrical wiring or
mechanical or other worth affecting public health or general safety.
105.3 Application for permit. To obtain a permit, the applicant shall first file an application
therefor in writing on a form for that purpose. Such application shall:
1. Identify and describe the work to be covered by the permit for which application is
made.
2.Describe the land on which the proposed work is to be done by legal description, street
address, or similar description that will readily identify and definitely locate the proposed
building or work.
3. Indicate the use and occupancy for which the proposed work is intended.
4. Be accompanied by construction documents and other information as required in
Section 107.
5. State the valuation of the proposed work.
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6. Be signed by the applicant, or the applicant's authorized agent.
7. Give such other data and information as required by the building official.
105.6 Suspension or Revocation. The Building Official is authorized to suspend or revoke a
permit issued under the provisions of this code wherever the permit is issued in error or on the
basis of incorrect, in accurate or incomplete information, or in violation of any ordinance or
regulation or any of the provisions of this code.
105.7 Placement of Permit. The building permit or copy shall be kept on the site of the work
until the completion of the project, and shall be place in a conspicuous location visible to the
Building Official.
Section 107: Submittal Documents
107.1 General. Submittal documents consisting of one complete set of plans in an electronic
submittal in PDF format along with other construction documents, statement of special
inspections, geotechnical report, and other data shall be submitted with each permit application.
The construction documents shall be prepared by a registered design professional where required
by the statutes of the jurisdiction in which the project is to be constructed. Where special
conditions exist, the building official is authorized to require additional construction documents
to be prepared by a registered design professional.
Exception: The building official is authorized to waive the submission of construction
documents and other data not required to be prepared by a registered design professional
if it is found that the nature of the work applied for is such that review of construction
documents is not necessary to obtain compliance with this code.
107.2 Construction Documents. Construction documents shall be in accordance with section
107.2.1 through 107.2.5
107.2.1 Information on Construction Documents. Construction documents shall be
dimensioned and drawn upon suitable material. Electronic media documents are
permitted to be submitted when approved by the Building Official. Construction
documents shall be of sufficient clarity to indicate the location, nature, and extent of the
work proposed and show in detail that it will conform to the provisions of this code and
relevant laws, ordinances, rules and regulations, as determined by the Building Official.
107.2.3 Means of Egress. The construction documents shall show in sufficient detail the
location, construction size and character of all portions of the means of egress, including
the path of the exit discharge to the public way in compliance with the provisions of this
code. In other than occupancies in groups R-2, R-3, and I-1, the construction documents
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shall designate the number of occupants to be accommodated on every floor, and in all
rooms and spaces.
107.2.5 Site Plan. The construction documents submitted with the application for
permit shall be accompanied by a site plan showing to scale the size and location of new
construction and existing structures on the site, distances from lot lines, the established
street grades and proposed finished grands and, as applicable, flood hazard areas,
floodways, and design flood elevations; and it shall be drawn in accordance with an
accurate boundary line survey. In the case of demolition, the site plan shall show
construction to be demolished and the location and size of existing structures and
construction that are to remain on the site or plot. The Building Official is authorized to
waive or modify the requirement for a site plan where the application for permit is for
alteration or repair, or where otherwise warranted.
107.3.1 Approval of construction documents. When the building official issues a permit, the
construction documents shall be reviewed for compliance. One set of construction documents so
reviewed shall be retained by the building official.
Section 108: Temporary Structures
108.1 General. The Building Official is authorized to issue a permit for temporary structures and
temporary uses. Such permits shall be limited as to time of service, but shall not be p34rmitted
for more than 180 days. The Building Official is authorize to grant extensions for demonstrated
cause.
108.2 Conformance. Temporary structures and uses shall comply with the requirements in
Section 3103.
108.3 Temporary Power. The Building Official is authorized to give permission to temporarily
supply and use power in part of an electric installation before such installation has been fully
completed and the final certificate of completion has been issued. The part covered by the
temporary certificate shall comply with the requirements specified for temporary lighting, heat,
or power in NFPA 70.
108.4 Termination of Approval. The Building Official is authorized to terminate such permit for
a temporary structure or use and to order the temporary structure or used to be discontinued.
Section 109: Fees
109.1 Payment of Fees. A permit shall no be valid until the fees prescribed have been paid, nor
shall an amendment to a permit be released until the additional fee, if any, has been paid.
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109.2 Schedule of Permit Fees. On buildings, structures, electrical, gas, mechanical, and
plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required
in accordance with the schedule as established by the applicable governing authority.
109.3 Building Permit Valuations. The applicant for a permit shall provided an estimated permit
value at the time of application. Permit valuations shall include total value of the work,
including materials and labor, for which the permit is being issued, such as electrical, gas,
mechanical, pluming equipment and permanent systems. If, in the opinion of the Building
Official, the valuation is underestimated on the application, the permit shall be denied, unless the
applicant can show detailed estimates to meet the approval of the Building Official. Final
building permit valuation shall be set by the Building Official.
109.4 Work Commencing Before Permit Issuance. Any person who commences any work on a
building, structure, electrical, gas, mechanical or plumbing system before obtaining the
necessary permits shall be subject to a penalty established by the City Council in addition to the
required permit fees.
Section 110: Inspections
110.3 Required Inpsections
110.3.1 Footing inspection. Footing inspections shall be made after excavations for
footings are complete and any required reinforcing steel is in place. If an inspection is
required for concrete foundations, any required forms shall be in place prior to
inspection. Materials for the foundation shall be on the job, except where concrete is
ready mixed in accordance with ASTM C 94, the concrete need not be on the job.
110.3.4 Frame Inspection. Framing inspections shall be made after the roof deck or
sheathing, all framing, fire-blocking and bracing are in place and pipes, chimneys and
vents to be concealed are complete and the rough electrical, plumbing, heating wires,
pipes and ducts are approved.
110.3.10 Final Inspection. The final inspection shall be made after all work required by
the building permit is complete.
110.5 Inspection Requests. It shall be the duty of the holder of the building permit or their duly
authorized agent to notify the Building Official when work is ready for inspection. It shall be the
duty of the permit holder to provide access to and means for inspection of such work that are
required by this code.
110.6 Approval Required. Work shall not be done beyond the point indicated in each successive
inspection without first obtaining the approval of the Building Official. The Building Official,
upon notification, shall make the requested inspections and shall either indicate the portion of the
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construction that is statisfactory as completed, or notigy the permit holder or his or her agent
wherein the same fails to comply with the code. Any portions that do not comply shall be
corrected and such portion shall not be covered or concealed until authorized by the Building
Officail.
Section 111: Certificate of Occupancy
111.2 Certificate issued. After the building official inspects the building or structure and does
not find violations of the provisions of this code or other laws that are enforced by the
department of building safety, the building official shall issue a certificate of occupancy that
contains the following:
1. The building permit number.
2.
The address of the structure.
3. A statement that the described portion of the structure has been inspected for
compliance with the requirements of this code for the occupancy and division of
occupancy and the use for which the proposed occupancy is classified.
4.
The name of the building official.
5. The edition of the code under which the permit was issued.
6. The use and occupancy, in accordance with the provisions of Chapter 3.
7. The type of construction as defined in Chapter 6.
8. The design occupant load.
9. If an automatic sprinkler system is provided, whether the sprinkler system is required.
10. Any special stipulations and conditions of the building permit.
Section 113: Board of Appeals
113.1 General. In order to hear and decide appeals of orders, decisions, or determinations made
by the building official relative to the application and interpretation of this code and the fire
code, to review all prospective changes to the respective codes and to submit recommendations
to the responsible official and the city council, to review requests for house moves, and to
examine applicants for licensing and to investigate matters brought before the board, there shall
be and is hereby created a building board of appeals and examiners. The board of appeals shall
consist of the members of the Planning and Zoning Commission. The board shall render all
decisions in writing to the appellant with a duplicate copy to the Building Official
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113.2 Limitations on authority. An application for appeal shall be based on a claim that the true
intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the
provisions of this code do not fully apply, or an equally good or better form of construction is
proposed. The board shall not have authority relative to the administrative provisions of this code
nor shall the board be empowered to waive requirements of this code.
114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the
building official is authorized to request the legal counsel of the jurisdiction to deem the
violation as a strict liability offense and institute the appropriate proceeding at law or in equity to
restrain, correct, or abate such violation, or to require the removal or termination of the unlawful
occupancy of the building or structure in violation of the provisions of this code or of the order
or direction made pursuant thereto.
Chapter 2: Definitions
201.1 Scope. Unless otherwise expressly stated, the words and terms included in Chapter 2 of the
International Building Code shall, for the purposes of this code, have the meanings shown in this
chapter. In addition, the following words and terms are being added and/or modified to the
defined terms already incorporated by reference in Section 150.017 of this code.
FIRE AREA. The aggregate floor area enclosed and bounded by fire walls, fire barriers, exterior
walls, or horizontal assemblies of a building.
STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is
not required to prove criminal intent as a part of its case. It is enough to prove that the defendant
either did an act which was prohibited or failed to do an act which the defendant was legally
required to do.
SWIMMING POOL. Any structure intended for swimming, recreational bathing, or wading
that contains water over 18 inches (457 mm) deep. This includes in-ground, aboveground, and
on-ground pools; hot tubs; spas; and fixed-in place wading pools.
Chapter 3: Use and Occupancy Classification
305.2.2 Twelve or fewer children. A facility having twelve or fewer children receiving such
day care shall be classified as part of the primary occupancy.
305.2.3 Twelve or fewer children in a dwelling unit. A facility such as the above within a
dwelling unit and having twelve or fewer children receiving such day care shall be classified as a
Group R-3 occupancy or shall comply with the International Residential Code.
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308.5.4 Twelve or fewer persons receiving care in a dwelling unit. A facility such as the
above within a dwelling unit and having twelve or fewer persons receiving custodial care shall
be classified as a Group R-3 occupancy or shall comply with the International Residential Code.
Chapter 4: Special Detailed Requirements Based on Use and Occupancy
423.4 Group E occupancies. All Group E occupancies with an occupant load of 50 or more
shall have a storm shelter constructed to withstand a wind of 200 mph.
Exceptions:
1. Group E day care facilities.
2. Group E occupancies accessory to places of religious worship.
4.Buildings meeting the requirements for shelter design in ICC 500.
Chapter 5: General Building Heights and Areas
501.2 Address identification. New and existing buildings shall be provided with approved
address identification. The address identification shall be legible and placed in a position that is
visible from the street or road fronting the property. Address identification characters shall
contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters.
Numbers shall not be spelled out. Each character shall be a minimum of 4 inches (102 mm) high
with a minimum stroke width of 1/2 inch (12.7 mm). Where required by the fire code official,
address identification shall be provided in additional approved locations to facilitate emergency
response. 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. Where access is by means of a private road and the building address cannot be
viewed from the public way, a monument, pole, or other approved sign or means shall be used to
identify the structure. Address identification shall be maintained.
507.2.2 Property lines. Portions of an unlimited area building may be divided by platted
property lines without requiring the construction of party walls if the whole building has:
1. Permanent open space on all sides as required by Sections 507.3, 507.4, 507.5; and
2. Proper legal agreements are submitted and approved by the building official and are
recorded with the deed for each of the separate properties. These recorded agreements
shall require that the buildings, as divided by property lines, be in conformance with the
applicable provisions of the building and fire codes, as if the buildings were a single
building on a single piece of property. In addition, the agreement must state that no
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individual building or property owner may modify any portion of the building in any way
that would not be in compliance with the building and fire codes.
Chapter 7: Fire and Smoke Protection Features
706.6.2 Buildings with sloped roofs. Where a fire wall serves as an interior wall for a building,
and the roof on one side or both sides of the fire wall slopes toward the fire wall at a slope
greater than 2 units vertical in 12 units horizontal (2:12), the fire wall shall extend to a height
equal to the height of the roof located 4 feet (1,219 mm) from the fire wall plus 30 inches (762
mm). In no case shall the extension of the fire wall be less than 30 inches (762 mm).
Exception: The fire wall may terminate at the underside of the roof sheathing, deck, or
slab of the lower roof, provided:
1. The roof assemblies within 10 feet (3,048 mm) of the wall has not less than a 1-hour
fire resistance rating and the entire length and span of supporting elements for the rated
roof assembly has a fire-resistance rating of not less than 1 hour.
2. Openings in the roof on each side of the fire wall shall not be located within 10 feet
(3,048 mm) of the fire wall.
714.5.1.2 Through-penetration firestop system. Through penetrations of the fire-resistive
membrane shall be protected by an approved through-penetration fire-stop system installed and
tested in accordance with ASTM E 814 or UL 1479, with a minimum positive pressure
differential of 0.01 inch of water (2.49 Pa). The system shall have an F rating/T rating of not less
than 1 hour but not less than the required rating of the floor penetrated.
Exceptions:
1. Floor penetrations contained and located within the cavity of a wall above the floor or
below the floor do not require a T rating.
2. Floor penetrations by floor drains, tub drains, or shower drains contained and located
within the concealed space of a horizontal assembly do not require a T rating.
3. Floor penetrations of maximum 4-inch (102 mm) nominal diameter penetrating
directly into metal-enclosed electrical power switchgear do not require a T rating.
716.2.6.1 Door closing. Fire doors shall be latching and self- or automatic-closing in
accordance with this section.
Exceptions:
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1. Fire doors located in common walls separating sleeping units in Group R-1
shall be permitted without automatic- or self-closing devices.
2. The elevator car doors and the associated hoistway enclosure doors at the
floor level designated for recall in accordance with Section 3003.2 shall be
permitted to remain open during Phase I emergency recall operation.
3. Interior doors located in exit enclosures, smokeproof enclosures, and exit
passageways in Group R and I-1 occupancies shall be automatic closing fire
door assemblies in accordance with NFPA 80 and controlled in accordance
with NFPA 72.
Chapter 9: Fire Protection Systems
903.2.6 Group I. An automatic sprinkler system shall be provided throughout buildings with a
Group I fire area.
Exceptions:
1. An automatic sprinkler system installed in accordance with Section 903.3.1.1 is
required in Group I-1 Condition 1 or 2 facilities.
2. An automatic sprinkler system is not required where Group I-4 day care facilities are
at the level of exit discharge and where every room where care is provided has not fewer
than one exterior exit door.
3. In buildings where Group I-4 day care is provided on levels other than the level of
exit discharge, an automatic sprinkler system in accordance with Section 903.3.1.1 shall
be installed on the entire floor where care is provided, all floors between the level of care
and the level of exit discharge, and all floors below the level of exit discharge other than
areas classified as an open parking garage.
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3
shall be provided throughout all buildings with Groups R-1 and R-4 fire areas and Group R-2
multifamily residences having six or more dwelling units.
903.3.1.1.1 Exempt locations. Automatic sprinklers shall not be required in the following rooms
or areas where such rooms or areas are protected with an approved automatic fire detection
system in accordance with Section 907.2 that will respond to visible or invisible particles of
combustion. Sprinklers shall not be omitted from a room merely because it is damp, of fireresistance-rated construction, or contains electrical equipment.
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1. A room where the application of water, or flame and water, constitutes a serious life
or fire hazard.
2. A room or space where sprinklers are considered undesirable because of the nature of
the contents, where approved by the fire code official. Such rooms shall be separated
from the remainder of the building by fire barrier walls and horizontal assemblies having
a fire-resistance rating of not less than two hours.
3. Generator and transformer rooms separated from the remainder of the building by
walls and floor/ceiling or roof/ceiling assemblies having a fire-resistance rating of not
less than two hours.
4. Rooms or areas that are of noncombustible construction with wholly noncombustible
contents.
5. Fire service access elevator machine rooms and machinery spaces.
6. Machine rooms, machinery spaces, control rooms, and control spaces associated with
occupant evacuation elevators designed in accordance with Section 3008.
904.12.2 System interconnection. The actuation of the fire suppression system shall
automatically shut down the fuel and/or electrical power supply to the cooking equipment and all
electrical receptacles located beneath the hood. The fuel and electrical supply reset shall be
manual.
907.2.1.1 System initiation in Group A occupancies with an occupant load of 1,000 or more.
Activation of the fire alarm in Group A occupancies with an occupant load of 1,000 or more
shall initiate a signal using an emergency voice/alarm communications system in accordance
with Section 907.5.2.2.
Exceptions:
1. Group A-3 occupancies used for religious worship.
2. Where approved, the prerecorded announcement is allowed to be manually
deactivated for a period of time, not to exceed three minutes, for the sole purpose of
allowing a live voice announcement from an approved, constantly attended location.
907.2.2 Group B. A manual fire alarm system shall be installed in Group B occupancies where
one of the following conditions exists:
1.
The combined Group B occupant load of all floors is 500 or more.
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2. The Group B occupant load is more than 100 persons above or below the lowest
level of exit discharge.
3. The fire area contains an ambulatory care facility.
4. The Group B occupancy has more than two occupied levels.
Exception: Manual fire alarm boxes are not required where the building is
equipped throughout with an automatic sprinkler system installed in accordance
with Section 903.3.1.1 and the occupant notification appliances will activate
throughout the notification zones upon sprinkler water flow.
907.2.6.2 Group I-2. An automatic smoke detection system shall be installed in corridors in
Group I-2 Condition 1 facilities and spaces permitted to be open to the corridors by Section
407.2. The system shall be activated in accordance with Section 907.4. Group I-2 Condition 2
occupancies shall be equipped with an automatic smoke detection system as required in Section
407.
Exception: Corridor smoke detection is not required in smoke compartments that contain
sleeping units where such units are provided with smoke detectors that comply with UL 268.
Such detectors shall provide a visual display on the corridor side of each sleeping unit and shall
provide an audible and visual alarm at the care providers' station attending each unit. Smoke
detectors installed as part of an intelligent or addressable fire alarm system capable of
annunciation of room origin at a constantly attended location shall be acceptable.
907.2.8.2 Automatic smoke detection system. An automatic smoke detection system that
activates the occupant notification system in accordance with Section 907.5 shall be installed
throughout all interior corridors serving sleeping units and at the top of each stairwell.
Exception: An automatic smoke detection system is not required in buildings that do not
have interior corridors serving sleeping units and where each sleeping unit has a means of egress
door opening directly to an exit or to an exterior exit access that leads directly to an exit.
907.2.8.4 Heat detectors. Heat detectors shall be installed in each attic subdivision or similar
areas not otherwise covered by an automatic fire-extinguishing system.
Exceptions:
1. Heat detection is not required in areas protected by an automatic fire-extinguishing
system installed in accordance with Section 903.3.1.1 or in addition to the requirements
of Section 903.3.1.2.
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2. Heat detectors are not required where the fire partitions extend into and through the
interstitial attic space.
907.2.9 Group R-2. Fire alarm systems and smoke alarms shall be installed in Group R-2
occupancies as required in Sections 907.2.9.1 through 907.2.9.5.
907.2.9.1 Manual fire alarm system. A manual fire alarm system that activates the occupant
notification system in accordance with Section 907.5 shall be installed in Group R-2 occupancies
where any of the following conditions apply:
1. Any dwelling unit or sleeping unit is located three or more stories above the lowest
level of exit discharge.
2. Any dwelling unit or sleeping unit is located more than one story below the highest
level of exit discharge of exits serving the dwelling unit or sleeping unit.
3.
The building contains more than 16 dwelling units or sleeping units.
4. The building contains four or more dwelling units or sleeping units above the level of
exit discharge.
Exceptions:
1. A fire alarm system is not required in buildings not more than two stories in
height where all dwelling units or sleeping units and contiguous attic and crawl
spaces are separated from each other and public or common areas by not less than
1-hour fire partitions and each dwelling unit or sleeping unit has an exit directly to
a public way, egress court, or yard.
2. Manual fire alarm boxes are not required where the building is equipped
throughout with an automatic sprinkler system installed in accordance with
Section 903.3.1.1 or 903.3.1.2 and the occupant notification appliances will
automatically activate throughout the notification zones upon a sprinkler water
flow.
3. A fire alarm system is not required in buildings that do not have interior
corridors serving dwelling units and are protected by an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2,
provided that dwelling units either have a means of egress door opening directly
to an exterior exit access that leads directly to the exits or are served by openended corridors designed in accordance with Section 1027.6, Exception 3.
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907.2.9.4 Smoke detectors. Automatic smoke detection shall be provided in each stairway and
all exit corridors.
907.2.9.5 Heat detectors. Automatic heat detectors shall be installed in each attic subdivision,
any attached garages, and similar areas not otherwise covered by an automatic fire-extinguishing
system.
Exceptions:
1. Automatic heat detection is not required in areas protected by an automatic fireextinguishing system installed in accordance with Section 903.3.1.1 or in addition to the
requirements of Section 903.3.1.2.
2. Automatic heat detectors are not required where the fire partitions extend into and
through the interstitial attic space.
907.2.12.1.2 Duct smoke detection. Duct smoke detectors complying with Section 907.3.1 shall
be located as follows:
1. In the main return air and exhaust air plenum of each air-conditioning system having
a capacity greater than 2,000 cubic feet per minute (cfm) (0.94 m3/s). Such detectors shall
be located in a serviceable area downstream of the last duct inlet.
2. At each connection to a vertical duct or riser serving two or more stories from a
return air duct or plenum of an air-conditioning system. In Group R-1 and R-2
occupancies, a smoke detector is allowed to be used in each return air riser carrying not
more than 5,000 cfm (2.4 m3/s) and serving not more than 10 air-inlet openings.
3. Duct smoke detectors installed more than 10 feet above a finished floor, above a
ceiling, or on a rooftop shall be installed with remote test/indicators in an approved
location below and in proximity to the unit served.
912.2.1 Visible location. Fire department connections shall be located on the street side of
buildings or facing approved fire apparatus access roads, fully visible and recognizable from the
street, fire apparatus access road or nearest point of fire department vehicle access, or as
otherwise approved by the fire code official. A weather-rated horn/strobe connected to the fire
detection or sprinkler system shall be located not lower than 8 feet above the fire department
connection and within 10 feet horizontally of the connection. The weather-rated horn/strobe must
be visible from the fire lane or street.
Chapter 10: Means of Egress
TABLE 1004.5
122
MAXIMUM FLOOR AREA ALLOWANCES PER OCCUPANT
FUNCTION OF SPACE
OCCUPANT LOAD
FACTORa
Accessory storage areas, mechanical equipment room
300 gross
Agricultural building
300 gross
Aircraft hangars
500 gross
Airport terminal
Baggage claim
Baggage handling
Concourse Waiting areas
20 gross
300 gross
100 gross
15 gross
Assembly
Gaming floors (keno, slots, etc.)
Exhibit gallery and museum
11 gross
30 net
Assembly with fixed seats
See Section 1004.6
Assembly without fixed seats
Concentrated (chairs only—not fixed)
Standing space
Unconcentrated (tables and chairs)
7 net
5 net
15 net
Bowling centers, allow 5 persons for each lane including 15 feet of runway,
and for additional areas
7 net
Business areas
Concentrated business use areas
150 gross
See Section 1004.8
Courtrooms—other than fixed seating areas
40 net
Day care
35 net
Dormitories
50 gross
Educational
Classroom area
Shops and other vocational room areas
25 net
50 net
Exercise rooms
50 gross
Group H-5 fabrication and manufacturing areas
200 gross
Industrial areas
100 gross
Institutional areas
Inpatient treatment areas
Outpatient areas
Sleeping areas
240 gross
100 gross
120 gross
123
Kitchens, commercial
200 gross
Library
Reading rooms
Stack area
50 net
100 gross
Locker rooms
50 gross
Mall buildings—covered and open
See Section 402.8.2
Mercantile
Storage, stock, shipping areas
60 gross
300 gross
Parking garages
200 gross
Residential
200 gross
Skating rinks, swimming pools
Rink and pool Decks
50 gross
15 gross
Stages and platforms
15 net
Warehouses
500 gross
For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 m2.
a. Floor area in square feet per occupant.
1007.1.1 Two exits or exit access doorways. Where two exits, exit access doorways, exit access
stairways or ramps, or any combination thereof including the exit access, are required from any
portion of the exit access, they shall be placed a distance apart equal to not less than one-half of
the length of the maximum overall diagonal dimension of the building or area to be served
measured in a straight line between them. Interlocking or scissor stairways shall be counted as
one exit stairway.
Exceptions:
1. Where interior exit stairways or ramps are interconnected by a 1-hour fireresistance-rated corridor conforming to the requirements of Section 1020, the required
exit separation shall be measured along the shortest direct line of travel within the
corridor.
2. Where a building is equipped throughout with an automatic sprinkler system in
accordance with Section 903.3.1.1 or 903.3.1.2, the separation distance shall be not less
than one-third of the length of the maximum overall diagonal dimension of the area
served.
1007.1.2 Three or more exits or exit access doorways. Where access to three or more exits is
required, not less than two exit or exit access doorways including the exit access shall be
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arranged in accordance with the provisions of Section 1007.1.1. Additional required exit or exit
access doorways shall be arranged a reasonable distance apart so that if one becomes blocked,
the others will be available.
1010.1.7 Thresholds. Thresholds at doorways shall not exceed 3/4 inch (19.1 mm) in height
above the finished floor or landing for sliding doors serving dwelling units or 1/2 inch (12.7 mm)
above the finished floor or landing for other doors. Raised thresholds and floor level changes
greater than 1/4 inch (6.4 mm) at doorways shall be beveled with a slope not greater than one
unit vertical in two units horizontal (50 percent slope).
Exceptions:
1. In occupancy Group R-2 or R-3, threshold heights for sliding and side hinged
exterior doors shall be permitted to be up to 8 inches (203 mm) in height if all of the
following apply:
1.1. The door is not part of the required means of egress.
1.2. The door is not part of an accessible route as required by Chapter 11.
1.3. The door is not part of an accessible unit, Type A unit or Type B unit.
2. In Type B units, where Exception 5 to Section 1010.1.5 permits a 4-inch (102 mm)
elevation change at the door, the threshold height on the exterior side of the door shall not
exceed 4 3/4 inches (120 mm) in height above the exterior deck, patio or balcony for
sliding doors or 4 1/2 inches (114 mm) above the exterior deck, patio or balcony for other
doors.
1010.1.9.4 Locks and latches. Locks and latches shall be permitted to prevent operation of
doors where any of the following exist:
1.
Places of detention or restraint.
2. In buildings in occupancy Group A having an occupant load of 300 or less, Groups B,
F, M, and S, in places of religious worship, and exterior decks allowed to have one exit
where the exit access from the deck extends back into the building, the main door or
doors are permitted to be equipped with key-operated locking devices from the egress
side provided:
2.1. The locking device is readily distinguishable as locked.
2.2. A readily visible durable sign is posted on the egress side on or adjacent to
the door stating: THIS DOOR TO REMAIN UNLOCKED WHEN THIS SPACE
IS OCCUPIED. The sign shall be in letters 1 inch (25 mm) high on a contrasting
background.
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2.3. The use of the key-operated locking device is revocable by the building
official for due cause.
3. Where egress doors are used in pairs, approved automatic flush bolts shall be
permitted to be used, provided that the door leaf having the automatic flush bolts does not
have a doorknob or surface-mounted hardware.
4. Doors from individual dwelling or sleeping units of Group R occupancies having an
occupant load of 10 or less are permitted to be equipped with a night latch, dead bolt, or
security chain, provided such devices are openable from the inside without the use of a
key or tool.
5. Fire doors after the minimum elevated temperature has disabled the unlatching
mechanism in accordance with listed fire door test procedures.
6. Doors serving roofs not intended to be occupied shall be permitted to be locked
preventing entry to the building from the roof.
1011.5.2 Riser height and tread depth. Stair riser heights shall be 7 inches (178 mm) maximum
and 4 inches (102 mm) minimum. The riser height shall be measured vertically between the
nosings of adjacent treads. Rectangular tread depths shall be 11 inches (279 mm) minimum
measured horizontally between the vertical planes of the foremost projection of adjacent treads
and at a right angle to the tread's nosing. Winder treads shall have a minimum tread depth of 11
inches (279 mm) between the vertical planes of the foremost projection of adjacent treads at the
intersections with the walkline and a minimum tread depth of 10 inches (254 mm) within the
clear width of the stair.
Exceptions:
1. Spiral stairways in accordance with Section 1011.10.
2. Stairways connecting stepped aisles to cross aisles or concourses shall be permitted to
use the riser/tread dimension in Section 1029.14.2.
3. In Group R-3 occupancies, within dwelling units in Group R-2 occupancies, and in
Group U occupancies that are accessory to a Group R-3 occupancy or accessory to
individual dwelling units in Group R-2 occupancies, the maximum riser height shall be 8
inches (203 mm), the minimum tread depth shall be 10 inches (254 mm); the minimum
winder tread depth at the walkline shall be 10 inches (254 mm), and the minimum winder
tread depth shall be 6 inches (152 mm). A nosing projection not less than 3/4 inch (19.1
mm) but not more than 1 1/4 inches (32 mm) shall be provided on stairways with solid
risers where the tread depth is less than 11 inches (279 mm).
126
4. See Section 503.1 of the International Existing Building Code for the replacement of
existing stairways.
5. In Group I-3 facilities, stairways providing access to guard towers, observation
stations, and control rooms, not more than 250 square feet (23 m2) in area, shall be permitted to have
a maximum riser height of 8 inches (203 mm) and a minimum tread depth of 9 inches (229 mm).
1015.4 Opening limitations. Required guards shall not have openings that allow passage of a
sphere 5 inches (127 mm) in diameter from the walking surface to the required guard height.
Exceptions:
1. The triangular openings at the open sides of a stair, formed by the riser, tread, and
bottom rail shall not allow passage of a sphere 6 inches (152 mm) in diameter.
2. At elevated walking surfaces for access to and use of electrical, mechanical, or
plumbing systems or equipment, guards shall not have openings that allow passage of a
sphere 21 inches (533 mm) in diameter.
3. In areas that are not open to the public within occupancies in Group B, I-3, F, H, M,
or S, and for alternating tread devices and ships ladders, guards shall not have openings
that allow passage of a sphere 21 inches (533 mm) in diameter.
4. In assembly seating areas, guards required at the end of aisles in accordance with
Section 1029.17.4 shall not have openings that allow passage of a sphere 5 inches (127
mm) in diameter up to a height of 26 inches (660 mm). From a height of 26 inches (660
mm) to 42 inches (1,067 mm) above the adjacent walking surfaces, guards shall not have
openings that allow passage of a sphere 8 inches (203 mm) in diameter.
5. Within individual dwelling units and sleeping units in Group R-2 and R-3
occupancies, guards on the open sides of stairs shall not have openings that allow passage
of a sphere 5 inches (127 mm) in diameter.
1020.4 Dead ends. Where more than one exit or exit access doorway is required, the exit access
shall be arranged such that dead-end corridors do not exceed 20 feet (6,096 mm) in length.
Exceptions:
1. In Group I-3, Condition 2, 3, or 4, occupancies, the dead end in a corridor shall not
exceed 50 feet (15,240 mm).
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2. In occupancies in Groups B, E, F, M, R-1, R-2, S, and U, where the building is
equipped throughout with an automatic sprinkler system in accordance with Section
903.3.1.1, the length of the dead-end corridors shall not exceed 50 feet (15,240 mm).
3. A dead-end corridor shall not be limited in length where the length of the dead-end
corridor is less than 2.5 times the least width of the dead-end corridor.
1023.8 Discharge identification. An interior exit stairway and ramp shall not continue below its
level of exit discharge unless an approved barrier or a directional exit sign is provided at the
level of exit discharge to prevent persons from unintentionally continuing into levels below.
Directional exit signs shall be provided as specified in Section 1013.
1030.2 Minimum size. Emergency escape and rescue openings shall have a minimum net clear
opening of 5.0 square feet (0.46 m2).
1030.3 Maximum height from floor. Emergency escape and rescue openings shall have the
bottom of the clear opening not greater than 48 inches (1,219 mm) measured from the floor.
1030.4.2 Ladders or steps. Window wells with a vertical depth of more than 48 inches (1,219
mm) shall be equipped with an approved permanently affixed ladder or steps. Ladders or rungs
shall have an inside width of at least 12 inches (305 mm), shall project at least 3 inches (76 mm)
from the wall, and shall be spaced not more than 18 inches (457 mm) on center (o.c.) vertically
for the full height of the window well. The ladder or steps shall not encroach into the required
dimensions of the window well by more than 6 inches (152 mm). The ladder or steps shall not be
obstructed by the emergency escape and rescue opening. Ladders or steps required by this
section are exempt from the stairway requirements of Section 1011.
Chapter 11: Accessibility
1104.4 Multistory buildings and facilities. At least one accessible route shall connect each
accessible story, mezzanine and occupied roofs in multilevel buildings and facilities.
Exceptions:
1. An accessible route from an accessible level is not required in facilities that are less
than three stories in height or have less than 3,000 square feet (279 m2) per story. This exception
shall not apply to:
1.1. Multiple tenant facilities of Group M occupancies containing five or more
tenant spaces used for the sales or rental of goods and where at least one such
tenant space is located on a floor level above or below the accessible levels;
128
1.2. Stories or mezzanines containing offices of health care providers (Group B
or I);
1.3.
Passenger transportation facilities and airports (Group A-3 or B); or
1.4.
Government buildings.
2. Stories, mezzanines or occupied roofs that do not contain accessible elements or
other spaces as determined by Section 1107 or 1108 are not required to be served by an
accessible route from an accessible level.
3. In air traffic control towers, an accessible route is not required to serve the cab and
the floor immediately below the cab.
4. Where a two-story building or facility has one story or mezzanine with an occupant
load of five or fewer persons that does not contain public use space, that story or
mezzanine shall not be required to be connected by an accessible route to the story above
or below.
1106.8 Signage. Accessible parking spaces and access aisles are required to be identified by
signs. Signs shall be located at the head of accessible parking stalls and access aisles. The bottom
of the lowest signs shall be located at least 60 inches above the pavement.
As referenced below, standard and van accessible parking space signs shall state, "RESERVED
PARKING" and include the International Symbol of Accessibility; supplemental signage must
additionally state, "STATE PERMIT OR LICENSE REQUIRED. $100 MINIMUM FINE AND
CLASS 2 MISDEMEANOR FOR VIOLATORS." A van accessible parking space must have
additional signage stating, "VAN ACCESSIBLE." A van accessible access aisle must be
provided with signage including the International Symbol of Accessibility which states,
"WHEELCHAIR ACCESS AISLE. ABSOLUTELY NO PARKING."
1106.9 Access aisles and markings. Each access that is part of an accessible route shall extend
the full length of the parking space it serves. The aisle must have diagonally striped markings
spaced every 4 feet (1,219 mm). Boundaries of the access aisle must be marked. The end may be
a squared or curved shape. Two parking spaces may share an access aisle.
Access aisles shall be placed on a level surface with a slope not to exceed 1:48.
Where an access aisle is located immediately adjacent to a sidewalk that provides the closest
accessible route, the sidewalk must be provided with a curb ramp access to serve the access aisle.
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1107.6.2.2.1 Type A units. In Group R-2 occupancies containing more than 20 dwelling units or
sleeping units, at least 2 percent but not less than one of the units shall be a Type A unit. All
Group R-2 units on a site shall be considered to determine the total number of units and the
required number of Type A units. Type A units shall be dispersed among the various classes of
units.
Exceptions:
1. The number of Type A units is permitted to be reduced in accordance with Section
1107.7.
2.
Existing structures on a site shall not contribute to the total number of units on a site.
130
3. The following provisions of the 2009 ICC/ANSI A117.1-2009 referenced in Section
1003 Type A Dwelling are applicable.
3.1 A work surface in the kitchen referenced in Section 1003.12.3 Clear Floor
Space of ICC/ANSI A117.1-2009 is not required.
3.2 The reduced work height of the kitchen sink at 34 inches referenced in
Section 1003.12.4.2 ICC/ANSI A117.1-2009 is not required.
3.3 Appliances referenced in Section 1003.12.5 Appliances ICC/ANSI A117.12009 and Laundry Equipment requires only the clear floor space referenced in
Section 305 Clear Floor Space of ICC/ANSI A117.1-2009.
Chapter 12: Interior Environment
1205.3.3 Court drainage. The bottom of every court shall be properly graded and drained to a
public sewer or other approved disposal system complying with the plumbing code.
Chapter 13: Energy Efficiency
1301.1.1 Criteria. Buildings shall be designed and constructed in accordance with the 2009
International Energy Conservation Code.
Chapter 15: Roof Assemblies and Rooftop Structures
1502.1 General. Design and installation of roof drainage systems shall comply with Section
1502 of this code, shall be sized, and discharge in accordance with the Plumbing Code. Unless
roofs are sloped to drain over roof edges, roof drains or scuppers shall be installed at each low
point of the roof.
Roofs shall be sloped a minimum of 1 unit vertical in 48 units horizontal (2 percent slope) for
drainage unless designed for water accumulation in accordance with Section 1611.2 Ponding
instability.
Roof drainage water from a building shall not be allowed to flow over public property.
1502.2 Secondary (emergency overflow) drains or scuppers. Where roof drains are required,
secondary (emergency overflow) roof drains or scuppers shall be provided where the roof
perimeter construction extends above the roof in such a manner that water will be entrapped if
131
the primary drains allow buildup for any reason. The installation and sizing of secondary
emergency overflow drains, leaders and conductors shall comply with the Plumbing Code.
Chapter 16: Structural Design
1601.1 Scope. The provisions of this chapter shall govern the structural design of buildings,
structures, and portions thereof regulated by this code.
It shall not be the responsibility of the building official to determine engineering requirements of
this code. Exclusive of conventional light-frame wood construction provisions referenced in
Section 2308, the method to resist loads as referenced in this chapter is the responsibility of a
structural engineer or other qualified design professional.
1612.3 Establishment of flood hazard areas. To establish flood hazard areas, the applicable
governing authority shall adopt a flood hazard map and supporting data. The flood hazard map
shall include, at a minimum, areas of special flood hazard as identified by the Federal
Emergency Management Agency in an engineering report entitled "The Flood Insurance Study
for the City of Sioux Falls" dated September 17, 1979, as amended or revised with the
accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map
(FBFM) and related supporting data along with any revisions thereto. The adopted flood hazard
map and supporting data are hereby adopted by reference and declared to be part of this section.
If there is a conflict between the provisions of this code and the city's floodplain management
ordinance, the provisions of Chapter 156: Floodplain Management, shall prevail.
Chapter 17: Special Inspections and Tests
1703.1 Approved agency. An approved agency or the design professional of record shall
provide all information as necessary for the building official to determine that the agency meets
the applicable requirements specified in Sections 1703.1.1 through 1703.1.3.
1704.2 Special inspections and tests. Where application is made to the building official for
construction as specified in Section 105, the owner or the owner's authorized agent, other than
the contractor, shall employ one or more approved agencies to provide special inspections and
tests during construction on the types of work specified in Section 1705 and identify the
approved agencies to the building official. These special inspections and tests are in addition to
the inspections by the building official that are identified in Section 110.
Exceptions:
1. Special inspections and tests are not required for construction of a minor nature or as
warranted by conditions in the jurisdiction as approved by the building official.
132
2. Unless otherwise required by the building official, special inspections and tests are
not required for Group U occupancies that are accessory to a residential occupancy
including, but not limited to, those listed in Section 312.1.
3. Special inspections and tests are not required for portions of structures designed and
constructed in accordance with the cold-formed steel light-frame construction provisions
of Section 2211.1.2 or the conventional light-frame construction provisions of Section
2308.
4. The contractor is permitted to employ the approved agencies where the contractor is
also the owner.
5. The frequency and amount of special inspections shall be as determined by the
design professional of record. The continuous and periodic inspections referenced in
Tables 1705.2.3, 1705.3, 1705.6, 1705.7, and 1705.8 are considered as guidelines.
1705.3 Concrete construction. Special inspections and tests of concrete construction shall be
performed in accordance with this section and Table 1705.3.
Exception: Special inspections and tests shall not be required for:
1. Isolated spread concrete footings of buildings three stories or less above grade plane
that are fully supported on earth or rock.
2. Continuous concrete footings supporting walls of buildings three stories or less
above grade plane that are fully supported on earth or rock where:
2.1. The footings and foundation walls support walls of light-frame
construction.
2.2.
The footings are designed in accordance with Table 1809.7.
2.3. The structural design of the footing is based on a specified compressive
strength, f’c, not more than 3,000 pounds per square inch (psi) (20.6 MPa),
regardless of the compressive strength specified in the approved construction
documents or used in the footing construction.
3. Nonstructural concrete slabs supported directly on the ground, including prestressed
slabs on grade, where the effective prestress in the concrete is less than 150 psi (1.0
MPa).
4.
Concrete foundation walls constructed in accordance with Table 1807.1.6.2.
133
5. Concrete patios, driveways, and sidewalks on grade.
Chapter 18: Soils and Foundations
1804.8 Grading permits required. No person shall excavate or grade without first obtaining a
permit from the City of Lennox. If a building permit is not obtained, a separate grading permit
must be obtained from the city engineer for each site and may cover both excavations and fills.
Exceptions:
1. A separate grading permit is not required from the city engineer where a site plan for
a new building, structure, or addition is submitted for plan review where an excavation
below finished grade for basements, footings, and foundations of a building, retaining
wall, or other structure is authorized by a valid building permit.
2. A fill of less than 1 foot in depth and placed on natural terrain with a slope flatter
than one unit vertical to five units horizontal (20 percent slope), or less than 3 feet (914
mm) in depth not intended to support structures, which does not exceed 300 cubic yards
(229 m3) on any one lot and does not obstruct a drainage course.
3. Excavation, removal, or stockpiling of rock, sand, dirt, clay, or other like material as
may be required by the state, county, or city authorities in connection with the
construction or maintenance of roads and highways. This shall not exempt work for street
construction when such work is performed by private developers. When the private
developer has obtained a permit to perform site grading, a second permit will not be
required for street grading.
4. When approved by the city engineer, grading in an isolated, self-contained area if
there is no danger to public or private property.
5.
Cemetery graves.
6.
Refuse disposal sites controlled by other regulations.
7.
Excavations for wells, tunnels, or utilities.
8. Mining, quarrying, excavating, processing, or stockpiling of rock, sand, gravel,
aggregate, or clay where established and provided for by law, provided such operations
do not affect the lateral support or increase the stresses in or pressure upon any adjacent
or contiguous property.
9. Exploratory excavations under the direction of soils engineers or engineering
geologists.
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10. An excavation that (1) is less than 2 feet (610 mm) in depth; or (2) does not create a
cut slope of less than 5 feet (1,524 mm) in height and steeper than 1 unit vertical in 1 1/2
units horizontal (66.7 percent slope).
Exemptions from the permit requirements of this chapter shall not be deemed to grant
authorization for any work to be done in any manner in violation of the provisions of this chapter
or any other laws or ordinances of this jurisdiction.
1804.8.1 Grading permit requirements. Grading shall be performed in accordance with a
grading plan approved by the city engineer. Submitted plans shall indicate existing elevations,
proposed elevations, method of erosion control, and shall include the legal description.
1806.2 Presumptive load-bearing values. The load-bearing values used in design for
supporting soils near the surface shall not exceed the values specified in Table 1806.2 unless data
to substantiate the use of higher values are submitted and approved. Where the building official
has reason to doubt the classification, strength, or compressibility of the soil, the requirements of
Section 1803.5.2 shall be satisfied.
Presumptive load-bearing values shall apply to materials with similar physical characteristics and
dispositions. Where a presumed soil-bearing capacity is in excess of 3,000 psf (471 kPa/m), data
to substantiate the use of the presumed higher value must be submitted from a soils engineer for
approval from the building official. Mud, organic silt, organic clays, peat, or unprepared fill shall
not be assumed to have a presumptive load-bearing capacity unless data to substantiate the use of
such a value are submitted.
Exception: A presumptive load-bearing capacity shall be permitted to be used where the
building official deems the load-bearing capacity of mud, organic silt, or unprepared fill
is adequate for the support of lightweight or temporary structures.
1809.5 Frost protection. Except where otherwise protected from frost, foundations and other
permanent supports of buildings and structures shall be protected from frost by one or more of
the following methods:
1.
Extending below the frost line of the locality.
2.
Constructing in accordance with ASCE 32.
3.
Erecting on solid rock.
Exception: Free-standing buildings meeting all of the following conditions shall not be
required to be protected:
1. Assigned to Risk Category I.
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2.
Area of 1,500 square feet (139 m2) or less for light frame construction or 400 square feet (37 m2) or
less for other than light-frame construction.
3. Eave height of 10 feet (3,048 mm) or less. Shallow foundations shall not bear
on frozen soil unless such frozen condition is of a permanent character.
Chapter 29: Plumbing Systems
2901.1 Scope. The provisions of this chapter and the Plumbing Code shall govern the design,
construction, erection and installation of plumbing components, appliances, equipment and
systems used in buildings and structures covered by this code. Toilet and bathing rooms shall be
constructed in accordance with Section 1209. Private sewage disposal systems shall conform to
the Plumbing Code. The International Fire Code, the International Property Maintenance Code
and the Plumbing Code shall govern the use and maintenance of plumbing components,
appliances, equipment and systems. The International Existing Building Code and the Plumbing
Code shall govern the alteration, repair, relocation, replacement and addition of plumbing
components, appliances, equipment and systems.
TABLE 2902.1
MINIMUM NUMBER OF REQUIRED PLUMBING FIXTURES a
(See Sections 2902.1.1 and 2902.2)
No
.
CLASSIFIC
ATION
DESCRI
PTION
WATER
CLOSETS
(URINALS
SEE
SECTION
2902.1.4)
Male
1
Assem
bly
LAVATORI
ES
Fema
le
Male
BATHT
UBS/
SHOWE
RS
Fem
ale
DRINKI
NG
FOUNT
AINS
(SEE
SECTIO
N
2902.1.5
)
OTH
ER
Theaters
and other
buildings
for the
performin
g arts and
motion
picturesd
1 per 125
1 per
65
1 per 200
-
1 per
500
1
servic
e sink
Nightclub
s, bars,
taverns,
1 per 40
1 per
40
1 per 75
-
1 per
500
1
servic
e sink
136
dance
halls and
buildings
for
similar
purposesd
Restauran
ts,
banquet
halls and
food
courtsd
Casino
gaming
areas
Auditoriu
ms
without
permanen
t seating,
art
galleries,
exhibitio
n halls,
museums,
lecture
halls,
libraries,
arcades
and
1 per 75
1 per
75
1 per 200
1 per 100 for
the first 400
and 1 per 250
for the
remainder
exceeding 400
1 per
50 for
the
first
400
and 1
per
150
for
the
remai
nder
excee
ding
400
1 per 250 for
the first 750
and 1 per 500
for the
remainder
exceeding
750
1 per 125
1 per
65
137
1 per 200
-
1 per
500
1
servic
e sink
-
1 per
1,000
1
servic
e sink
-
1 per
500
1
servic
e sink
gymnasiu
msd
Passenger
terminals
and
transporta
tion
facilitiesd
2
Busine
ss
-
1 per
1,000
1
servic
e sink
1
servic
e sink
1 per 500
1 per
500
Places of
worship
and other
religious
servicesd
1 per 150
1 per
75
1 per 200
-
1 per
1,000
Coliseum
s, arenas,
skating
rinks,
pools and
tennis
courts for
indoor
sporting
events
and
activities
1 per 120
1 per
60
1
per
200
1 per
150
-
1 per
1,000
1
servic
e sink
Stadiums,
amuseme
nt parks,
bleachers
and
grandstan
ds for
outdoor
sporting
events
and
activitiesf
1 per 120
1 per
60
1
per
200
1 per
150
-
1 per
1,000
1
servic
e sink
Buildings
for the
transactio
n of
1 per 25 for the first 50
and 1 per 50 for the
remainder exceeding 50
-
1 per
100
1
servic
e
sinke
138
1 per 750
1 per 40 for
the first 80
and 1 per 80
for the
business,
professio
nal
services,
other
services
involving
merchand
ise, office
buildings,
banks,
light
industrial,
ambulato
ry care
and
similar
uses
3
4
Educat
ional
Educatio
nal
facilities
Factor
y and
industr
ial
Structure
s in
which
occupants
are
engaged
in work
fabricatin
g,
assembly
or
processin
g of
products
or
materials
Custodial
care
facilities
remainder
exceeding 80
1 per 50
1 per 50
1 per 100
1 per 100
139
-
1 per
100
1
servic
e sink
-
1 per
400
1
servic
e sink
5
Institut
ional
Custodial
care
facilities
1 per 10
1 per 10
1 per
8
1 per
100
1
servic
e sink
Medical
care
recipients
in
hospitals
and
nursing
homesb
1 per roomc
1 per roomc
1 per
15
1 per
100
1
servic
e sink
Employe
es in
hospitals
and
nursing
homesb
1 per 25
1 per 35
-
1 per
100
-
Visitors
in
hospitals
and
nursing
homes
1 per 75
1 per 100
-
1 per
500
-
1 per cell
1 per cell
1 per
15
1 per
100
1
servic
e sink
Reformat
ories,
detention
centers
and
correctio
nal
centersb
1 per 15
1 per 15
1 per
15
1 per
100
1
servic
e sink
Employe
es in
reformato
ries,
detention
centers
and
1 per 25
1 per 35
-
1 per
100
-
Prisons
b
140
correctio
nal
centersb
Adult day
care and
child day
care
6
7
Merca
nti le
Reside
nti al
Retail
stores,
service
stations,
shops,
salesrooms,
markets
and
shopping
centers
1 per 15
1
1 per
100
1
servic
e sink
1 per 750
-
1 per
1,000
1
servic
e
sinke
-
1
servic
e sink
1 per
100
1
servic
e sink
-
1
kitche
n sink
per
dwelli
ng
unit; 1
1 per 15
1 per 500
Hotels,
motels,
boarding
houses
(transient
)
1 per sleeping unit
1 per
sleeping unit
1 per
sleep
ing
unit
Dormitori
es,
fraternitie
s,
sororities
and
boarding
houses
(not
transient)
1 per 10
1 per 10
1 per
8
Apartmen
t house
1 per dwelling unit
141
1 per
dwelling unit
1 per
dwell
ing
unit
autom
ati c
clothe
s
washe
r
conne
cti on
per 20
dwelli
ng
units
One- and
twofamily
dwellings
and
lodging
houses
with five
or fewer
guestroo
ms
8
Storag
e
1 per dwelling unit
1 per 10
1 per
dwell
ing
unit
-
1
kitche
n sink
per
dwelli
ng
unit; 1
autom
atic
clothe
s
washe
r
conne
ction
per
dwelli
ng
unit
1 per
100
1
servic
e sink
1 per
1,000
1
servic
e sink
Congrega
te living
facilities
with 16
or fewer
persons
1 per 10
1 per 10
1 per
8
Structure
s for the
storage of
goods,
warehous
1 per 100
1 per 100
-
142
es,
storehous
es and
freight
depots,
low and
moderate
hazard
a. The fixtures shown are based on one fixture being the minimum required for the number of
persons indicated or any fraction of the number of persons indicated. The number of occupants
shall be determined by this code.
b. Toilet facilities for employees shall be separate from facilities for inmates or care recipients.
c. A single-occupant toilet room with one water closet and one lavatory serving not more than
two adjacent patient sleeping units shall be permitted, provided that each patient sleeping unit
has direct access to the toilet room and provisions for privacy for the toilet room user are
provided.
d. The occupant load for seasonal outdoor seating and entertainment areas shall be included
when determining the minimum number of facilities required.
e. For business and mercantile classifications with an occupant load of 15 or fewer, a service
sink shall not be required.
2902.1.4 Substitution for water closets. In a toilet room or bathroom, urinals shall not be
substituted for more than 67 percent of the required water closets.
2902.1.5 Drinking fountains. Where water is served in restaurants or where bottled water is
served in other occupancies, drinking fountains shall not be required. Drinking fountains shall
not be installed in public restrooms.
Chapter 31: Special Construction
3109.1 General. Swimming pools shall comply with the requirements of Sections 3109.2
through 3109.5 and other applicable sections of this code. These requirements shall be applicable
to all new swimming pools hereafter constructed and shall apply to all existing pools that have a
depth of 18 inches or more of water. No person in possession of land within the city, either as an
owner, purchaser, lessee, tenant, or a licensee, upon which is situated a swimming pool having a
depth of 18 inches or more, shall fail to provide and maintain such a fence or wall as herein
provided.
143
3109.2 Public swimming pools. Public swimming pools shall be completely enclosed by a fence
not less than 4 feet (1290 mm) in height or a screen enclosure. Openings in the fence shall not
permit the passage of a 4-inch-diameter (102 mm) sphere. The fence or screen enclosure shall be
equipped with self-closing and self-latching gates.
3109.3 Residential swimming pools. Residential swimming pools shall be completely enclosed
by a barrier complying with Sections 3109.3.1 through 3109.3.3.
3109.3.1 Barrier height and clearances. The top of the barrier shall be not less than 42 inches
(1,066 mm) above grade measured on the side of the barrier that faces away from the swimming
pool. The vertical clearance between grade and the bottom of the barrier shall be not greater than
2 inches (51 mm) measured on the side of the barrier that faces away from the swimming pool.
Where the top of the pool structure is above grade, the barrier is authorized to be at ground level
or mounted on top of the pool structure, and the vertical clearance between the top of the pool
structure and the bottom of the barrier shall be not greater than 4 inches (102 mm).
3109.3.1.1 Openings. Openings in the barrier shall not allow passage of a 4-inch-diameter
sphere.
3109.3.1.2 Solid barrier surfaces. Solid barriers which do not have openings shall not contain
indentations or protrusions except for normal construction tolerances and tooled masonry joints.
3109.3.1.3 Gates. Access doors or gates shall comply with the requirements of Sections
3109.3.1.1 through 3109.3.1.2 and shall be equipped to accommodate a locking device.
Pedestrian access doors or gates shall be self-closing gates other than pedestrian access doors or
gates shall have a self-latching device.
3109.3.1.4 Pool structure as barrier. Where an above-ground pool structure is used as a barrier
or where the barrier is mounted on top of the pool structure, and the means of access is a ladder
or steps, then the ladder or steps either shall be capable of being secured, locked or removed to
prevent access, or the ladder or steps shall be surrounded by a barrier that meets the requirements
of Sections 3109.4.1.1 through 3109.4.1.3. Where the ladder or steps are secured, locked or
removed, any opening created shall not allow the passage of a 4-inch-diameter (102 mm) sphere.
3109.3.2 Prohibited Locations. Barriers shall be located so as to prohibit permanent structures,
equipment or similar objects from being used to climb the barriers.
3109.3.3 Modifications. Modification in individual cases, upon a showing of good cause with
respect to height, nature, or location of a fence, wall, gates, or latches, or the necessity thereof,
may be made by the building official, provided the protection as sought hereunder is not reduced
thereby. The building official may grant permission for other protective devices or structures to
be used as long as the degree of protection afforded by this substitute device or structure is not
less than the protection afforded by the wall, fence, gate, or latch described herein. A reasonable
144
period within which to comply with the requirements of this section for existing swimming pools
shall be allowed, which period shall not exceed 90 days after notification by the building official.
3109.4 Entrapment avoidance. Suction outlets shall be designed and installed in accordance
with ANSI/APSP-7.
Section 3114 Prefabricated construction.
3114.1 General.
3114.1.1 Purpose. The purpose of this section is to regulate materials and establish methods of
safe construction where any structure or portion thereof is wholly or partially prefabricated.
3114.1.2 Scope. Unless otherwise specifically stated in this section, all prefabricated
construction and materials used therein shall conform to all the requirements of this code.
3114.1.3 Definitions.
Prefabricated assembly is a structural unit, the integral parts of which have been built or
assembled prior to incorporation in the building.
Prefabricated structures are structures, the parts of which are fabricated and assembled in
a central assembly point, where on-site building, electrical, plumbing, and mechanical
rough-in inspections occur at the assembly location.
3114.2 Tests of materials. Every approval of a material not specifically mentioned in this code
shall incorporate as a proviso the kind and number of nationally recognized tests to be made.
3114.3 Tests of assemblies. The building official may require special tests to be made on
assemblies to determine their durability and weather resistance.
3114.4 Connections. Every device used to connect prefabricated assemblies shall be designed as
required by this code and shall be capable of developing the strength of the members connected,
except in the case of members forming part of a structural frame as specified in Chapter 16.
Connections shall be capable of withstanding uplift forces as specified in this code and in
Chapter 16.
3114.5 Pipes and conduits. In structural design, due allowance shall be made for any material to
be removed for the installation of pipes, conduit, and other equipment.
3114.6 Permits, materials, plans, fees, certificate, and inspections.
145
3114.6.1 Materials. Materials and the assembly thereof shall be inspected to determine
compliance with this code. Every material shall be graded, marked, or labeled as required
elsewhere in this code.
3114.6.2 Plans. One complete set of plans and specifications shall be submitted to the building
inspection division of planning and building services for approval prior to issuing a building
permit for a prefabricated structure. Plans shall be of sufficient detail and clarity to indicate
compliance with all applicable codes (electrical, plumbing, building, mechanical, and zoning).
3114.6.3 Permits and fees. Permit fees shall be as follows:
1. The fee for a building permit shall conform to Tables 1-A and 1-B, and the plan review fee,
if applicable, shall be in accordance with Table 1-C.
2. Electrical, plumbing, and mechanical permits and fees shall conform to the respective permit
requirements and fee schedules.
3114.6.4 Certificate. A certificate of approval shall be furnished with every prefabricated
assembly and prefabricated structure, except where the assembly is readily accessible to
inspection at the site. The certificate of approval shall certify that the assembly in question has
been inspected and meets all the requirements of this code. When mechanical equipment is
installed so that it cannot be inspected at the site, the certificate of approval shall certify that such
equipment complies with the laws applying thereto.
3114.6.5 Certifying agency. To be acceptable under this code, every certificate of approval shall
be made by the approved agency.
3114.6.6 Field erection. The building official shall inspect placement of prefabricated
assemblies at the building site to determine compliance with this code. Installation and finishing
work at the building site must be performed by locally licensed contractors where required. Final
inspections are to be made after the installation and finishing work has been completed and the
building is ready for occupancy.
3114.6.7 Continuous inspection. If continuous inspection is required for certain materials where
construction takes place on the site, it shall also be required where the same materials are used in
prefabricated construction.
Exception: Continuous inspection will not be required during prefabrication if the
approved agency certifies to the construction and furnishes evidence of compliance.
3114.6.8 Moving permits. A moving permit shall be obtained for each prefabricated structure
being moved within the city in accordance with Section 3404 Moved Buildings. No person
except a building mover licensed pursuant to subsection 3404.2 of Section 150.017 of the Code
146
of Ordinances of Sioux Falls shall move a prefabricated structure or part thereof across, along, or
over public property.
3303.1 Construction documents. No person shall demolish or wreck a building or structure
without first obtaining a razing permit. Permit fees shall be paid in accordance with Item 5 of
Table 3-C. Construction documents and a schedule for demolition shall be submitted where
required by the building official. Where such information is required, work shall not be done
until such construction documents or schedule, or both, are approved. The applicant shall secure
insurance covering any possible liability that could incur during demolition.
3303.6 Utility connections. Service utility connections shall be discontinued and capped in
accordance with the approved rules and the requirements of the applicable governing authority.
Before a razing permit can be issued, the applicant must furnish approval from the city
engineering division that applicable permits have been secured to ensure that all utilities will be
properly disconnected and inspected as per city engineer’s specifications. The applicant shall be
responsible for notifying other utilities of such anticipated demolition.
9.04 RESIDENTIAL CODE
9.0401:ADOPTED.
A)
The International Residential Code, 2018 edition, including Appendix E,
Appendix G, Appendix H, and Appendix Q as published by the International Code
Council Inc. as amended, is hereby adopted as the residential building code by the city
for regulating the design, construction, quality of materials, erection, installation,
alteration, movement, repair, equipment, use and occupancy, location, removal, and
demolition of detached one- and two-family dwellings and town houses not more than
three stories in height with a separate means of egress and their accessory structures, and
provides for the issuance of permits and the collection of fees therefor.
B)
The adoption of the International Residential Code, 2018 edition, will become
effective June September 1, 2020. The minimum building standards in the 2018 edition
of the International Residential Code and amendments thereto shall be applied to any
building permit issued after September 1, 2020.
9.0402: AMENDMENTS, ADDITIONS, AND DELETIONS TO THE 2018
INTERNATIONAL RESIDENTIAL CODE. The following sections and subsections of the
2018 International Residential Code adopted in this subchapter shall be amended, added, or not
adopted by the city as follows. All other sections or subsections of the 2018 International
Residential Code as published shall remain the same.
147
R101.1 Title. These provisions shall be known as the residential code for one- and two-family
dwellings of the city of Sioux Falls and shall be cited as such and will be referred to herein as
“this code.”
R101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement,
enlargement, replacement, repair, equipment, use and occupancy, location, removal and
demolition of detached one- and two-family dwellings, including manufactured homes and
townhouses not more than three stories above grade plane in height with a separate means of
egress and their accessory structures not more than three stories above grade plane in height.
Exception 1: The following shall be permitted to be constructed in accordance with this code
where provided with a residential fire sprinkler system complying with Section P2904:
1. A care facility with five or fewer persons receiving custodial care within a dwelling
unit.
2. A care facility with five or fewer persons receiving medical care within a dwelling
unit.
3. A care facility for five or fewer persons receiving care that are within a single- family
dwelling.
Exception 2: The following shall be permitted to be constructed in accordance
with this code. A fire sprinkler system if installed may be in accordance with
Section P2904.
1. Live/work units located in townhouses and complying with the requirements
of Section 419 of the International Building Code.
2 Owner-occupied lodging houses with five or fewer guestrooms.
Exception 3: Existing buildings undergoing repair, alteration or additions and change of
occupancies may be permitted to comply with the International Existing Building Code.
R103.1 Enforcement agency. Building services is hereby created and the official in charge
thereof shall be known as the building official.
R103.2 Appointment. Not adopted by the city.
R104.8 Liability. The building official, member of the board of appeals or employee charged
with the enforcement of this code, while acting for the jurisdiction in good faith and without
148
malice in the discharge of the duties required by this code or other pertinent law or ordinance,
shall not thereby be rendered civilly or criminally liable personally and is hereby relieved from
personal liability for any damage accruing to persons or property as a result of any act or by
reason of an act or omission in the discharge of official duties.
This code shall not be construed to relieve from or lessen the responsibility of any person
owning, operating, or controlling any building or structure for any damages to persons or
property caused by defects, nor shall the code enforcement agency or the city be held as
assuming any such liability by reason of the inspection authorized by this code or any permits or
certificates issued under this code.
R104.8.1 Legal defense. Any suit or criminal complaint instituted against an officer or employee
because of an act performed by that officer or employee in the lawful discharge of duties and
under the provisions of this code shall be afforded all the protection provided by the city’s
insurance pool and any immunities and defenses provided by other applicable state and federal
law and defended by legal representatives of the jurisdiction until the final termination of the
proceedings. The building official or any subordinate shall not be liable for cost in any action,
suit, or proceeding that is instituted in pursuance of the provisions of this code.
R105.1 Required. Any owner or owner’s authorized agent who intends to construct, enlarge,
alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect,
install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical, or
plumbing system, the installation of which is regulated by this code, or to cause any such work to
be performed, shall first make application to the building official and obtain the required permit.
The building official may exempt permits for minor work.
Exclusive of a homeowner, no person or firm shall be issued a building permit for residential
building defined as owner-occupied one- and two-family dwellings, including accessory garages,
until that person or firm has been issued a residential contractor’s license required by this
chapter.
R105.2 Work exempt from permit. Exemption from permit requirements of this code shall not
be deemed to grant authorization for any work to be done in any manner in violation of the
provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be
required for the following:
Building:
1. One-story detached accessory structures, provided that the floor area does not exceed
200 square feet (18.58 m 2). A placement permit is required by the zoning division.
2. Fences not over 7 feet (2,134 mm) high. A fence permit is required by the zoning
division.
149
3. Retaining walls that are not over 4 feet (1,219 mm) in height measured from the
bottom of the grade elevation to the top of the wall, unless supporting a surcharge.
4. Water tanks supported directly upon grade if the capacity does not exceed 5,000
gallons (18,927 L) and the ratio of height to diameter or width does not exceed 2 to 1.
5. Sidewalks and driveways. A driveway permit is required by the zoning division. A
sidewalk permit is required by the engineering division.
6.
Painting, papering, tiling, carpeting, cabinets, countertops, and similar finish work.
7.
Prefabricated swimming pools that are less than 18 inches (457 mm) deep.
8.
Swings and other playground equipment.
9. Window awnings supported by an exterior wall that do not project more than 54
inches (1,372 mm) from the exterior wall and do not require additional support.
Electrical:
1.
Listed cord-and-plug connected temporary decorative lighting.
2.
Reinstallation of attachment plug receptacles but not the outlets therefor.
3. Replacement of branch circuit overcurrent devices of the required capacity in the
same location.
4. Electrical wiring, devices, appliances, apparatus, or equipment operating at less than
25 volts and not capable of supplying more than 50 watts of energy.
5. Minor repair work, including the replacement of lamps or the connection of approved
portable electrical equipment to approved permanently installed receptacles.
Gas:
1.
Portable heating, cooking, or clothes drying appliances.
2. Replacement of any minor part that does not alter approval of equipment or make
such equipment unsafe.
3. Portable-fuel-cell appliances that are not connected to a fixed piping system and are
not interconnected to a power grid.
150
Mechanical:
1.
Portable heating appliances.
2.
Portable ventilation appliances.
3.
Portable cooling units.
4. Steam, hot- or chilled-water piping within any heating or cooling equipment
regulated by this code.
5. Replacement of any minor part that does not alter approval of equipment or make
such equipment unsafe.
6.
Portable evaporative coolers.
7. Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of
refrigerant or that are actuated by motors of 1 horsepower (746 W) or less.
8. Portable-fuel-cell appliances that are not connected to a fixed piping system and are
not interconnected to a power grid.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however,
that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective
and it becomes necessary to remove and replace the same with new material, such work
shall be considered as new work and a permit shall be obtained and inspection made as
provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves, or fixtures, and
the removal and reinstallation of water closets, provided such repairs do not involve or
require the replacement or rearrangement of valves, pipes, or fixtures.
R106.1 Submittal documents. Submittal documents consisting of construction documents and
other data shall be submitted with each application for a permit. The construction documents
shall be prepared by a registered design professional where required by the statutes of the
jurisdiction in which the project is to be constructed. Where special conditions exist, the building
official is authorized to require additional construction documents to be prepared by a registered
design professional.
151
Exception: The building official is authorized to waive the submission of construction
documents and other data not required to be prepared by a registered design professional
if it is found that the nature of the work applied for is such that reviewing of construction
documents is not necessary to obtain compliance with this code.
R106.1.5 Energy efficiency. Construction documents for detached one- and two-family
dwellings and townhomes shall be provided with the intended R-value for the ceilings, walls,
floors, basement walls (if finished), slab perimeter R-value and depth, and crawl space walls.
R106.1.6 Foundation reinforcement. Construction for detached one- and two-family dwellings
and town houses shall be provided with the intended reinforcement of foundation walls
referenced in Tables R404.1.1(2), R404.1.1(3), and R404.1.1(4) for reinforced masonry
foundation walls; Tables R404.1.2(2), R404.1.2(3), R404.1.2(4), and R404.1.1(8) for flat
concrete foundation walls; Tables 404.1.2(5) and R404.1.2(6) for waffle-grid basement walls;
and Table R404.1.2(7) for screed-grid basement walls where the foundation wall exceeds the
provisions for plain masonry and concrete foundation walls.
R106.2 Site plan or plot plan. The construction documents submitted with the application for
permit shall be accompanied by a site plan showing the size and location of new construction and
existing structures on the site and distances from lot lines. Site plans for new dwellings are
required to specify the minimum ground elevation (MGE) which designates the elevation of the
top of the black dirt under the grass, or the top of the landscape rock or other landscape material
at the lowest exposed part of the house. In the case of demolition, the site plan shall show
construction to be demolished and the location and size of existing structures and construction
that are to remain on the site or plot. The building official is authorized to waive or modify the
requirement for a site plan where the application for permit is for alteration or repair or where
otherwise warranted.
R106.3.1 Approval of construction documents. Where the building official issues a permit, the
construction documents shall be submitted and reviewed. One set of construction documents so
reviewed shall be retained by the building official.
R108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and
plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required
in accordance with the schedule as established by the city.
The fee for each residential building permit shall be set forth in Table 1-A, and other inspections
and fees shall be in accordance with Table 1-C.
Table No. 1-A. Residential Building Permit Fees
Group R Division 3
(Including Congregate Residences Defined as R-3 and Accessory Group U Occupancies)
152
Total Valuation
Fee
$1 to $1,100
$20
$1,101 to
$2,000
For valuations in excess of $1,100, $10 for the first $500, plus $1.50 for each
additional $100 or fraction thereof, to and including $2,000
$2,001 to
$25,000
$32.50 for the first $2,000, plus $6 for each additional $1,000 or fraction thereof, to
and including $25,000
$25,001 to
$50,000
$170.50 for the first $25,000, plus $4.50 for each additional $1,000 or fraction thereof,
to and including $50,000
$50,001 to
$100,000
$283 for the first $50,000, plus $3 for each additional $1,000 or fraction thereof, to and
including $100,000
$100,001 and
up
$433 for the first $100,000 plus $2.50 for each additional $1,000 or fraction thereof
Table 1-C. Other Inspections and Fees
1. Inspection outside of normal business hours, per hour* (minimum charge—one
hour)
$70
2. Reinspection fees, per hour
$70
3. Inspections for which no fee is specifically indicated, per hour* (minimum
charge—one-half hour)
$70
4. Additional plan review required by changes, additions, or revisions to approved
plans, per hour* (minimum charge—one-half hour)
$70
* Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall
include supervision, overhead, equipment, hourly wages, and fringe benefits of the
employees involved.
5. Wrecking permit fees
$20
6. Swimming pool fence enclosures
$20
7. Residential reshingles
$20
8. Residential resides
$20
9. Residential window replacements with no structural modifications (Group R and U
occupancies)
$20
10. Board of appeals fees: Before any action is taken by the board, the party or
parties requesting such hearing shall deposit with the secretary of the board, or his or
her authorized agent, the sum of $65 to cover the approximate cost of the procedure.
Under no condition shall the sum or any part thereof be refunded for failure of the
request to be approved.
153
11. A mileage fee at the current rate per mile as established by the finance
department shall be charged for any inspection occurring outside city limits.
12. Residential contractor’s license examination fee
$75
13. Bond claims. An administrative fee shall be charged to cover the administrative
cost of filing a claim
$150
14. Fee for late corrections. A $100.00 administrative fee may be charged for failure
to correct violations within the time specified on a contractor's correction report.
15. Fee for failure to request a required inspection. Where building construction work
is completed without a request for an inspection, an administrative fee of $250.00 may
be charged.
R108.6 Work commencing before permit issuance. Any person who commences work
requiring a permit on a building, structure, electrical, gas, mechanical, or plumbing system
before obtaining the necessary permits shall be subject to a fee established by the applicable
governing authority that shall be in addition to the required permit fees. Administrative citations
and legal and/or civil proceedings may also be commenced.
R108.7 Delinquent accounts. The administrative authority may refuse to issue permits or
conduct inspections for any person or business whose account is delinquent.
R109.1.1 Footing inspection. Inspection of the footing shall be made after poles or piers are set
or trenches or basement areas are excavated, and any required forms erected and any required
reinforcing steel is in place and supported prior to the placing of concrete. The footing inspection
shall include excavations for thickened slabs intended for the support of bearing walls, partitions,
structural supports, or equipment and special requirements for wood foundations.
R109.1.3 Floodplain inspections. For construction in flood hazard areas as established by
Chapter 156, Floodplain Management, upon placement of the lowest floor, including basement,
and prior to further vertical construction, the floodplain administrator shall require submission of
documentation, prepared and sealed by a registered design professional, of the elevation of the
lowest floor, including basement, required in Chapter 156, Floodplain Management.
R109.1.6.1 Elevation documentation. If located in a flood hazard area, the documentation of
elevations required in Section R322.1.10 shall be submitted to the floodplain administrator prior
to the final inspection.
R110.1 Use and occupancy. A building or structure shall not be used or occupied, and a change
of occupancy or change of use of a building or structure or portion thereof shall not be made,
until the building official has issued a certificate of occupancy therefor as provided herein and
final inspections have been obtained from the electrical, mechanical, plumbing, and building
154
inspection divisions of building services. An inspection placard shall be posted on the electrical
panel, which is signed after final inspections have occurred by the electrical inspector,
mechanical inspector, and plumbing inspector for new one- and two-family dwelling units and
multiple single-family dwellings (town houses). Issuance of a certificate of occupancy shall not
be construed as an approval of a violation of the provisions of this code or of other ordinances of
the city. Certificates presuming to give authority to violate or cancel the provisions of this code
or other ordinances of the city shall not be valid.
Exceptions:
1. Certificates of occupancy are not required for work exempt from permits under
Section R105.2.
2.
Accessory buildings or structures.
R110.6 Placards. Placards or inspection record tags placed on the job by the inspectors to
indicate approval of the work inspected shall not be removed, except when authorized by the
building official.
R112.1 General. In order to hear and decide appeals of orders, decisions, or determinations
made by the building official relative to the application and interpretation of this code, to review
all proposed changes to the respective codes and to submit recommendations to the responsible
official and the city council, to review requests for house moves, to examine applicants for
licensing, and to investigate matters brought before the board, there shall be and is hereby
created a building board of appeals and examiners. The building official shall be an ex officio
member of said board but shall not have a vote on any matter before the board. Members shall be
appointed by the mayor with the consent of the council and shall hold office for a term of three
years. The board shall adopt rules of procedure for conducting its business and shall render
decisions and findings in writing to the appellant with a duplicate copy to the building official
and/or the fire marshal.
The board, in exercising its authority over house moving, may deny the building request or may
require additional stipulations to be placed on the building permit to address the protection of the
property values and neighborhood compatibility.
R112.2 Limitations on authority. An application for appeal shall be based on a claim that the
true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted,
the provisions of this code do not fully apply, or an equally good or better form of construction is
proposed. The board shall not have authority relative to the interpretation of the administrative
provisions of this code nor shall the board be empowered to waive requirements of this code.
R113.3 Prosecution of violation. If the notice of violation is not complied with in the time
prescribed by such notice, the building official is authorized to request the legal counsel of the
155
jurisdiction to deem the violation as a strict liability offense and institute the appropriate
proceeding at law or in equity to restrain, correct, or abate such violation, or to require the
removal or termination of the unlawful occupancy of the building or structure in violation of the
provisions of this code or of the order or direction made pursuant thereto.
Section R202. Definitions. Add the following definition.
STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is
not required to prove criminal intent as a part of its case. It is enough to prove that the defendant
either did an act which was prohibited or failed to do an act which the defendant was legally
required to do.
Table R301.2(1)
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
SUBJECT TO
DAMAGE
FROM
WIND DESIGN
GR
OU
ND
SN
O
W
LO
AD
o
S
pe
ed
d
(
m
ph
)
Top
ogra
phic
effec
tsk
Sp
ec
ial
wi
nd
re
gi
on
l
W
in
db
or
ne
de
br
is
zo
ne
SEIS
MIC
DES
IGN
CAT
EGO
RYf
Wea
ther
inga
F
ro
st
li
ne
de
pt
hb
Te
rm
itec
WI
NT
ER
DE
SI
GN
TE
MP
e
ICE
BARRI
ER
UNDE
RLAY
MENT
REQUI
REDh
FL
OO
D
HA
ZA
R
DSg
AIR
FR
EE
ZIN
G
IND
EXi
Yes
Sio
ux
Fall
s
ent
ere
d
the
reg
ular
pha
se
3,00
0
ME
AN
AN
NU
AL
TE
MP
j
m
40
psf
11
5
NO
N
O
N
O
A
Seve
re
42
in
ch
es
(1
06
7
m
m
)
156
Sli
ght
to
mo
der
ate
-11
deg
ree
sF
46
deg
rees
F
of
the
Nat
ion
al
Flo
od
Ins
ura
nce
Pro
gra
m
on
Sep
tem
ber
17,
197
9.
MANUAL J DESIGN CRITERIAn
Summe
r
cooling
Altitud
e
correct
ion
factor
Indoor
design
temperat
ure
Design
temperat
ure
cooling
Heating
temperat
ure
differenc
e
Elevation
Latitu
de
Wint
er
heati
ng
1418
43
degree
s
North
-11
degre
es F
90
degrees
F
none
-
-
-
Cooling tempe
rature
difference
Wind
veloci
ty
heatin
g
Wind
veloc
ity
cooli
ng
Coincid
ent wet
bulb
Daily
range
Winter
humidity
Summer
humidity
-
-
-
-
72
degrees
F
M
-
-
-
157
For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s.
a. Where weathering requires a higher strength concrete or grade of masonry than
necessary to satisfy the structural requirements of this code, the frost line depth strength
required for weathering shall govern. The weathering column shall be filled in with the
weathering index, "negligible," "moderate" or "severe" for concrete as determined from
Figure R301.2(4). The grade of masonry units shall be determined from ASTM C34,
C55, C62, C73, C90, C129, C145, C216 or C652.
b. Where the frost line depth requires deeper footings than indicated in Figure
R403.1(1), the frost line depth strength required for weathering shall govern. The
jurisdiction shall fill in the frost line depth column with the minimum depth of footing
below finish grade.
c. The jurisdiction shall fill in this part of the table to indicate the need for protection
depending on whether there has been a history of local subterranean termite damage.
d. The jurisdiction shall fill in this part of the table with the wind speed from the basic
wind speed map [Figure R301.2(5)A]. Wind exposure category shall be determined on a
site-specific basis in accordance with Section R301.2.1.4.
e. The outdoor design dry-bulb temperature shall be selected from the columns of 97
1/2-percent values for winter from Appendix D of the International Plumbing Code.
Deviations from the Appendix D temperatures shall be permitted to reflect local climates
or local weather experience as determined by the building official. [Also see Figure
R301.2(1).]
f. The jurisdiction shall fill in this part of the table with the seismic design category
determined from Section R301.2.2.1.
g. The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction's
entry into the National Flood Insurance Program (date of adoption of the first code or
ordinance for management of flood hazard areas), (b) the date(s) of the Flood Insurance
Study and (c) the panel numbers and dates of the currently effective FIRMs and FBFMs
or other flood hazard map adopted by the authority having jurisdiction, as amended.
h. In accordance with Sections R905.1.2, R905.4.3.1, R905.5.3.1, R905.6.3.1,
R905.7.3.1, and R905.8.3.1, where there has been a history of local damage from the
effects of ice damming, the jurisdiction shall fill in this part of the table with "YES."
Otherwise, the jurisdiction shall fill in this part of the table with "NO."
i. The jurisdiction shall fill in this part of the table with the 100-year return period air
freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99 percent) value
158
on the National Climatic Data Center data table "Air Freezing Index-USA Method (Base
32°F)."
j. The jurisdiction shall fill in this part of the table with the mean annual temperature
from the National Climatic Data Center data table "Air Freezing Index-USA Method
(Base 32°F)."
k. In accordance with Section R301.2.1.5, where there is local historical data
documenting structural damage to buildings due to topographic wind speed-up effects,
the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction
shall indicate "NO" in this part of the table.
l. In accordance with Figure R301.2(5)A, where there is local historical data
documenting unusual wind conditions, the jurisdiction shall fill in this part of the table
with "YES" and identify any specific requirements. Otherwise, the jurisdiction shall
indicate "NO" in this part of the table.
m. In accordance with Section R301.2.1.2 the jurisdiction shall indicate the wind-borne
debris wind zone(s). Otherwise, the jurisdiction shall indicate "NO" in this part of the
table.
n. The jurisdiction shall fill in these sections of the table to establish the design criteria
using Table 1a or 1b from ACCA Manual J or established criteria determined by the
jurisdiction.
o. The jurisdiction shall fill in this section of the table using the Ground Snow Loads in
Figure R301.2(6).
Table R301.5
Minimum Uniformly Distributed Live Loads
(in pounds per square foot)
Use
Live Load
Uninhabitable attics without storage b
Uninhabitable attics with limited storage
10
b, g
20
Habitable attics and attics served with fixed stairs
30
Balconies (exterior) and decks e
40
Fire escapes
40
Guardrails and handrails
d
200 h
Guardrails in-fill components f
50 h
Passenger vehicle garages a
50 a
159
Rooms
40
Stairs
40 c
For SI: 1 pound per square foot = 0.0479 kPa, 1 square inch = 645 mm2, 1 pound = 4.45 N.
a. Elevated garage floors shall be capable of supporting a 2,000-pound load applied over
a 20-square-inch area.
b. Uninhabitable attics without storage are those where the clear height between joists
and rafters is not more than 42 inches, or where there are not two or more adjacent trusses
with web configurations capable of accommodating an assumed rectangle 42 inches in
height by 24 inches in width, or greater, within the plane of the trusses. This live load
need not be assumed to act concurrently with any other live load requirements.
c. Individual stair treads shall be designed for the uniformly distributed live load or a
300-pound concentrated load acting over an area of 4 square inches, whichever produces
the greater stresses.
d. A single concentrated load applied in any direction at any point along the top.
e. See Section R507.1 for decks attached to exterior walls.
f. Guard in-fill components (all those except the handrail), balusters, and panel fillers
shall be designed to withstand a horizontally applied normal load of 50 pounds on an area
equal to 1 square foot. This load need not be assumed to act concurrently with any other
live load requirement.
g. Uninhabitable attics with limited storage are those where the clear height between
joists and rafters is 42 inches or greater, or where there are two or more adjacent trusses
with web configurations capable of accommodating an assumed rectangle 42 inches in
height by 24 inches in width, or greater, within the plane of the trusses. The live load
need only be applied to those portions of the joists or truss bottom chords where all of the
following conditions are met:
1. The attic area is accessed from an opening not less than 20 inches in width by
30 inches in length that is located where the clear height in the attic is not less
than 30 inches.
2. The slopes of the joists or truss bottom chords are no greater than 2 inches
vertical to 12 units horizontal.
160
3. Required insulation depth is less than the joist or truss bottom chord member
depth. The remaining portions of the joists or truss bottom chords shall be
designed for a uniformly distributed concurrent live load of not less than 10
pounds per square foot.
h. Glazing used in handrail assemblies and guards shall be designed with a safety factor
of 4. The safety factor shall be applied to each of the concentrated loads applied to the top
of the rail, and to the load on the in-fill components. These loads shall be determined
independent of one another, and loads are assumed not to occur with any other live load.
Table R302.1(1) Exterior Walls
Exterior Wall
Element
Walls
Projections
Openings
Penetrations
Minimum Fire-Resistance Rating
Minimum Fire
Separation
Distance
(Fireresistance
rated)
1 hour – tested in accordance with
ASTM E 119 or UL 263 or Section 703.3
of the International Building Code with
exposure from both sides
< 5 feet
(Not fireresistance
rated)
0 hours
> 5 feet
(Fireresistance
rated)
1 hour on the underside, or heavy timber
or fire-retardant treated wooda, b
2 to < 3 feet
(Not fireresistance
rated)
0 hours
3 feet
Not allowed
N/A
< 3 feet
25%
Maximum of
wall area
0 hours
3 feet
Unlimited
0 hours
5 feet
Comply with Section R302.4
< 5 feet
None required
5 feet
All
For SI: 1 foot = 304.8 mm.
N/A = Not Applicable
161
a. The fire-resistance rating shall be permitted to be reduced to 0 hours on the underside
of the eave overhang if fireblocking is provided from the wall top plate to the underside
of the roof sheathing.
b. The fire-resistance rating shall be permitted to be reduced to 0 hours on the underside
of the rake overhang where gable vent openings are not installed.
R302.2.2 Common walls. Common walls separating townhouses shall be assigned a fireresistance rating in accordance with Item 1 or 2. The common wall shared by two townhouses
shall be constructed without mechanical equipment, ducts or vents in the cavity of the common
wall. The wall shall be rated for fire exposure from both sides and shall extend to and be tight
against exterior walls and the underside of the roof sheathing. Electrical installations shall be in
accordance with the National Electric Code. Penetrations of the membrane of common walls for
electrical outlet boxes shall be in accordance with Section R302.4. Plumbing installations shall
be in accordance with the Uniform Plumbing Code. Membrane or through penetrations of
common walls for plumbing systems shall be in accordance with Section 302.4.
1. Where a fire sprinkler system in accordance with Section P2904 is provided, the
common wall shall be not less than a 1-hour fire-resistance-rated wall assembly tested in
accordance with ASTM E119, UL 263 or Section 703.3 of the International Building
Code.
2. Where a fire sprinkler system in accordance with Section P2904 is not provided, the
common wall shall be not less than a 2-hour fire-resistance-rated wall assembly tested in
accordance with ASTM E119, UL 263 or Section 703.3 of the International Building
Code.
R302.2.3 Continuity. The fire-resistance-rated wall or assembly separating town houses shall be
continuous from the foundation to the underside of the roof sheathing, deck, or slab. The fireresistance rating shall extend the full length of the wall or assembly, including wall extensions
through and separating attached enclosed accessory structures.
Exterior walls that extend beyond an adjacent structure that has a fire separation distance less
than 5 feet (1,523 mm) to a common property line shall have not less than a one-hour fire rating
with exposure from both sides with no openings allowed therein.
Projections such as a deck that have a fire separation distance of less than 3 feet (914 mm) to a
common property line shall have a 1-hour fire rating with exposure from both sides with no
openings allowed therein that extends at least 30 inches (762 mm) above the projection.
R302.13 Fire protection of floors. Not adopted by the city.
162
R303.5.1 Intake openings. Mechanical and gravity outdoor air intake openings shall be located
not less than 10 feet (3,048 mm) from any hazardous or noxious contaminant, such as vents,
chimneys, plumbing vents, streets, alleys, parking lots, and loading docks.
For the purpose of this section, the exhaust from dwelling unit toilet rooms, bathrooms, and
kitchens shall not be considered as hazardous or noxious.
Exceptions:
1. The 10-foot (3,048 mm) separation is not required where the intake opening is
located 3 feet (914 mm) or greater below the contaminant source.
2. Vents and chimneys serving fuel-burning appliances shall be terminated in
accordance with the applicable provisions of Chapters 18 and 24.
3.
Clothes dryer exhaust ducts shall be terminated in accordance with Section M1502.3.
4. For equipment replacements on existing structures, gravity outdoor intake openings
for combustion air shall be located a minimum of 3 feet (914 mm) from any hazardous or
noxious contaminant.
R307.1 Space required. Fixtures shall be spaced in accordance with Figure R307.1.
163
R308.4.2 Glazing adjacent to doors. Glazing in an individual fixed or operable panel adjacent
to a door shall be considered to be a hazardous location where the bottom exposed edge of the
glazing is less than 60 inches (1524 mm) above the floor or walking surface and it meets either
of the following conditions:
164
1. Where the glazing is within 24 inches (610 mm) of either side of the door in the plane
of the door in a closed position.
2. Where the glazing is on a wall perpendicular to the plane of the door in a closed
position and within 24 inches (610 mm) of the hinge side of an in-swinging door.
Exceptions:
1. Decorative glazing.
2. Where there is an intervening wall or other permanent barrier between the
door and the glazing.
3. Where access through the door is to a closet or storage area 3 feet (914 mm)
or less in depth. Glazing in this application shall comply with Section R308.4.3.
4. Glazing that is adjacent to the fixed panel of patio doors.
R309.5 Fire sprinklers. Not adopted by the city.
R310.2.1 Minimum opening area. Emergency and escape rescue openings shall have a net clear
opening of not less than 5.0 square feet (0.465 m2). The net clear opening dimensions required by this section shall be
obtained by the normal operation of the emergency escape and rescue opening from the inside. The net clear height opening shall be not less than
24 inches (610 mm) and the net clear width shall be not less than 20 inches (508 mm).
R310.2.2 Window sill height. Where a window is provided as the emergency escape and rescue
opening, it shall have a sill height of not more than 48 inches (1,219 mm) above the floor; where
the sill height is below grade, it shall be provided with a window well in accordance with Section
R310.2.3.
R310.2.3.1 Ladder and steps. Window wells with a vertical depth greater than 48 inches (1,219
mm) shall be equipped with a permanently affixed ladder or steps usable with the window in the
fully open position. Ladders or steps required by this section shall not be required to comply with
Sections R311.7 and R311.8. Ladders or rungs shall have an inside width of not less than 12
inches (305 mm), shall project not less than 3 inches (76 mm) from the wall, and shall be spaced
not more than 18 inches (457 mm) on center vertically for the full height of the window well.
R310.3.2.1 Ladder and steps. Area wells with a vertical depth greater than 48 inches (1219
mm) shall be equipped with a permanently affixed ladder or steps usable with the door in the
fully open position. Ladders or steps required by this section shall not be required to comply with
Section R311.7. Ladders or rungs shall have an inside width of not less than 12 inches (305 mm),
shall project not less than 3 inches (76 mm) from the wall and shall be spaced not more than 18
inches (457 mm) on center vertically for the full height of the exterior stairwell.
165
R311.3.1 Floor elevations at the required egress doors. Landings or finished floors at the
required egress door shall be not more than 1 1/2 inches (38 mm) lower than the top of the
threshold.
Exception: The landing or floor on the exterior side shall be not more than 8 inches (202
mm) below the top of the threshold, provided the door does not swing over the landing or
floor. Where exterior landings or floors serving the required egress door are not at grade,
they shall be provided with access to grade by means of a ramp in accordance with
Section R311.8 or a stairway in accordance with Section R311.7.
R311.3.2 Floor elevations for other exterior doors. Doors other than the required egress door
shall be provided with landings or floors not more than 8 inches (202 mm) below the top of the
threshold.
Exception: A top landing is not required where a stairway of not more than two risers is
located on the exterior side of the door, provided that the door does not swing over the
stairway.
R311.7.5.1 Risers. The riser height shall be not more than 8 inches (202 mm). The riser shall be
measured vertically between leading edges of the adjacent treads. The greatest riser height within
any flight of stairs shall not exceed the smallest by more than 3/8 inch (9.5 mm). Risers shall be
vertical or sloped from the underside of the nosing of the tread above at an angle not more than
30 degrees (0.51 rad) from the vertical. Open risers are permitted.
Exceptions:
1.
The opening between adjacent treads is not limited on spiral stairways.
2.
The riser height of spiral stairways shall be in accordance with Section R311.7.10.1.
R311.7.8.4 Continuity. Handrails for stairways shall extend for the full length of the flight from
a point directly above the top riser of the flight to a point directly above the lowest riser of the
flight. Handrail ends shall be returned or shall terminate in newel posts or safety terminals.
Handrails adjacent to a wall shall have a space of not less than 1 1/2 inches (38 mm) between the
wall and the handrails.
Exceptions:
1.
Handrails shall be permitted to be interrupted by a newel post at the turn.
2. The use of a volute, turnout, starting easing, or starting newel shall be allowed over
the lowest tread.
166
R311.7.8.5 Grip size. Required handrails shall be of one of the following types or provide
equivalent graspability:
1. Type I. Handrails with a circular cross section shall have an outside diameter of not
less than 1 1/4 inches (32 mm) and not greater than 2 inches (51 mm). If the handrail is
not circular, it shall have a perimeter dimension of not less than 4 inches (102 mm) and
not greater than 6 1/4 inches (160 mm) with a cross section of dimension of not more
than 2 1/4 inches (57 mm). Edges shall have a radius of not less than 0.01 inch (0.25
mm).
2. Type II. Handrails with a perimeter greater than 6 1/4 inches (160 mm) shall have a
graspable finger recess area on both sides of the profile. The finger recess shall begin
within a distance of 3/4 inch (19 mm) measured vertically from the tallest portion of the
profile and achieve a depth of not less than 5/16 inch (8 mm) within 7/8 inch (22 mm)
below the widest portion of the profile. This required depth shall continue for not less
than 3/8 inch (10 mm) to a level that is not less than 1 3/4 inches (45 mm) below the
tallest portion of the profile. The width of the handrail above the recess shall be not less
than 1 1/4 inches (32 mm) and not more than 2 3/4 inches (70 mm). Edges shall have a
radius of not less than 0.01 inch (0.25 mm).
Exception: Exterior stairs are allowed to have a horizontal 2X member to form a
1 1/2-inch graspable dimension in lieu of the above-referenced perimeter
dimensions.
R312.1.3 Opening limitations. Required guards shall not have openings from the walking
surface to the required guard height that allow passage of a sphere 5 inches (127 mm) in
diameter.
Exception: The triangular openings at the open side of stair, formed by the riser, tread,
and bottom rail of a guard, shall not allow passage of a sphere 6 inches (153 mm) in
diameter.
R313.1 Townhouse automatic fire sprinkler systems. Not adopted by the city.
R313.1.1 Design and installation. When automatic residential fire sprinkler systems for town
houses are installed, it shall be designed and installed in accordance with Section P2904 or
NFPA 13D.
R313.2 One- and two-family dwellings automatic fire systems. Not adopted by the city.
R313.2.1 Design and installation. When automatic residential fire sprinkler systems are
installed, it shall be designed and installed in accordance with Section P2904 or FPA 13D.
167
R314.2.2 Alterations, repairs and additions. Where alterations, repairs or additions requiring a
permit occur with a valuation of more than $1,000, the individual dwelling unit shall be equipped
with smoke alarms located as required for new dwellings.
Exceptions:
1. Work involving the exterior surfaces of dwellings, such as the replacement of roofing
or siding, the addition or replacement of windows or doors, or the addition of a porch or
deck.
2. Installation, alteration or repairs of plumbing or mechanical systems.
R314.3 Location. Smoke alarms shall be installed in the following locations:
1.
In each sleeping room.
2.
Outside each separate sleeping area in the immediate vicinity of the bedrooms.
3. On each additional story of the dwelling, including basements and habitable attics
and not including crawl spaces and uninhabitable attics. In dwellings or dwelling units
with split levels and without an intervening door between the adjacent levels, a smoke
alarm installed on the upper level shall suffice for the adjacent lower level provided that
the lower level is less than one full story below the upper level.
4. Smoke alarms shall be installed not less than 3 feet (914 mm) horizontally from the
door or opening of a bathroom that contains a bathtub or shower unless this would
prevent placement of a smoke alarm required by Section R314.3.
5. Where the ceiling height of a room is open to the hallway serving a bedroom exceeds
that of the hallway by 24 inches (610 mm) or more, smoke detectors shall be installed in
the hallway and in the adjacent room.
Exception. Hallways less than 4 feet (1,220 mm) in length are allowed to omit the
smoke detector within the hallway adjacent to the bedrooms.
R314.4 Interconnection. Where more than one smoke alarm is required to be installed within an
individual dwelling unit in accordance with Section R314.3, the alarm devices shall be
interconnected in such a manner that the actuation of one alarm will activate all of the alarms in
the individual dwelling unit. Physical interconnection of smoke alarms shall not be required
where listed wireless alarms are installed and all alarms sound upon activation of one alarm.
168
Exception: Interconnection of smoke alarms in existing areas shall not be required where
alterations or repairs do not result in removal of interior wall or ceiling finishes exposing the
structure, unless there is an attic, crawl space or basement available that could provide access for
interconnection without the removal of interior finishes.
R315.2.2 Alterations, repairs and additions. Where alterations, repairs or additions requiring a
permit occur with a valuation of more than $1,000, the individual dwelling unit shall be equipped
with carbon monoxide alarms located as required for new dwellings.
Exceptions:
1. Work involving the exterior surfaces of dwellings, such as the replacement of roofing
or siding, or the addition or replacement of windows or doors, or the addition of a porch
or deck.
2. Installation, alteration or repairs of plumbing or mechanical systems.
R326.1 General. The design and construction of barriers for pools and spas shall comply with
the following:
R326.2 Definitions. For the purposes of these requirements, the terms used shall be defined as
follows and as set forth in Chapter 2.
ABOVEGROUND/ON-GROUND POOL. See "Swimming pool."
BARRIER. A fence, wall, building wall, or combination thereof that completely surrounds the
swimming pool and obstructs access to the swimming pool.
HOT TUB. See "Swimming pool."
IN-GROUND POOL. See "Swimming pool."
RESIDENTIAL. That which is situated on the premises of a detached one- or two-family
dwelling or a one-family town house not more than three stories in height.
SPA, NONPORTABLE. See "Swimming pool."
SPA, PORTABLE. A nonpermanent structure intended for recreational bathing in which all
controls, water-heating, and water-circulating equipment are an integral part of the product.
SWIMMING POOL. Any structure intended for swimming or recreational bathing that contains
water more than 18 inches (457 mm) deep. This includes in-ground, above-ground, and onground swimming pools, hot tubs, and spas.
169
SWIMMING POOL, INDOOR. A swimming pool that is totally contained within a structure
and surrounded on all four sides by the walls of the enclosing structure.
SWIMMING POOL, OUTDOOR. Any swimming pool that is not an indoor pool.
R326.3 Application. The provisions of this appendix shall control the design of barriers for
residential swimming pools, spas, and hot tubs. These design controls are intended to provide
protection against potential drownings and near-drownings by restricting access to swimming
pools, spas, and hot tubs.
This requirement shall be applicable to all new swimming pools hereafter constructed, other than
indoor pools, and shall apply to all existing pools, which have a depth of 18 inches (457 mm) or
more of water. No person in possession of land within the city, either as owner, purchaser,
lessee, tenant, or a licensee, upon which is situated a swimming pool having a depth of 18 inches
(457 mm) or more, shall fail to provide and maintain such barrier as herein provided.
R326.4 Outdoor swimming pool. An outdoor swimming pool, including an in-ground,
aboveground, or on-ground pool, hot tub, or spa, shall be surrounded by a barrier that shall be
installed, inspected, and approved prior to filling with water that completely surrounds and
obstructs access to the swimming pool, which shall comply with the following:
1. The top of the barrier shall be at least 42 inches (1,067 mm) above grade measured
on the side of the barrier that faces away from the swimming pool. The maximum vertical
clearance between grade and the bottom of the barrier shall be 2 inches (51 mm)
measured on the side of the barrier that faces away from the swimming pool. Where the
top of the pool structure is above grade, such as an aboveground pool, the barrier may be
at ground level, such as the pool structure, or mounted on top of the pool structure.
Where the barrier is mounted on top of the pool structure, the maximum vertical
clearance between the top of the pool structure and the bottom of the barrier shall be 4
inches (102 mm).
2. Openings in the barrier shall not allow the passage of a 4-inch-diameter (102 mm)
sphere.
3. Where an above-ground pool structure is used as a barrier or where the barrier is
mounted on top of the pool structure, and the means of access is a ladder or steps, then:
3.1. The ladder or steps shall be capable of being secured, locked, or removed to
prevent access; or
3.2. The ladder or steps shall be surrounded by a barrier, which meets the
requirements of Item 1 above. When the ladder or steps are secured, locked, or
170
removed, any opening created shall not allow the passage of a 4-inch- diameter
(102 mm) sphere.
4. All gates or door openings through the barrier shall be equipped with self-closing and
self-latching devices for keeping the door or gate securely closed at all times when the
pool is not in actual use, except that the door of any dwelling that forms part of the
enclosure need not be so equipped.
R326.4.1 Barrier exceptions. Spas or hot tubs with a safety cover that comply with ASTM F
1346 shall be exempt from the provisions of this appendix. Modifications in individual cases,
upon a showing of good cause with respect to height, nature, or location of a fence, wall, gates,
or latches, or the necessity thereof, may be made by the building official, provided the protection
as sought hereunder is not reduced thereby. The building official may grant permission for other
protective devices or structures to be used as long as the degree of protection afforded by this
substitute device or structure is not less than the protection afforded by the wall, fence, gate, and
latch described herein. A reasonable period within which to comply with the requirements of this
section for existing swimming pools shall be allowed, which period shall not exceed 90 days
after notification by the building official.
R403.1.4.1 Frost protection. Except where otherwise protected from frost, foundation walls,
piers, and other permanent supports of buildings and structures shall be protected from frost by
one or more of the following methods:
1.
Extended below the frost line specified in Table R301.2.(1).
2.
Constructed in accordance with Section R403.3.
3.
Constructed in accordance with ASCE 32.
4.
Erected on solid rock.
Footings shall not bear on frozen soil unless the frozen condition is permanent.
Exceptions:
1. Protection of freestanding accessory structures with an area of 1,500 square feet (139
m2) or less, of light-frame construction, with an eave height of 10 feet (3,048 mm) or less shall not be required.
2. Protection of freestanding accessory structures with an area of 400 square feet (37
m2) or less, of other than light-frame construction, with an eave height of 10 feet (3,048 mm) or less shall not be required.
171
3. Decks not supported by a dwelling need not be provided with footings that extend
below the frost line.
R502.3.1 Sleeping areas and attic joists. Table R502.3.1(1) shall be used to determine the
maximum allowable span of floor joists that support sleeping areas and attics that are accessed
by means of a fixed stairway in accordance with Section R311.7, provided that the design live
load does not exceed 40 pounds per square foot (1.92 kPa) and the design dead load does not
exceed 20 pounds per square foot (0.96 kPa). The allowable span of ceiling joists that support
attics used for limited storage or no storage shall be determined in accordance with Section
R802.5.
R507.3.1 Minimum size. Not adopted by the city.
Table R507.3.1 Not adopted by the city.
R602.10.1.2 Offsets along a braced wall line. Exterior walls parallel to a braced wall line shall
be offset not more than 4 feet (1,219 mm) from the designated braced wall line location as shown
in Figure R602.10.1.1. Interior walls used as bracing shall be offset not more than 4 feet (1,219
mm) from a braced wall line through the interior of the building as shown in Figure R602.10.1.1.
Exception: The offset out-of-plane may exceed 4 feet (1,219 mm) and the out-to-out
offset dimension may exceed 8 feet (2,438 mm) if the area of the offset is less than 200
square feet (18.6 m2).
R602.12 Simplified wall bracing. Buildings meeting all of the conditions listed below shall be
permitted to be braced in accordance with this section as an alternate to the requirements of
Section R602.10. The entire building shall be braced in accordance with this section; the use of
other bracing provisions of Section R602.10, except as specified herein, shall not be permitted.
1. There shall be not more than three stories above the top of a concrete or masonry f
oundation or basement wall. Permanent wood foundations shall not be permitted.
2. Floors shall not cantilever more than 24 inches (607 mm) beyond the foundation or
bearing wall below.
3.
Wall height shall not be greater than 12 feet (3,658 mm).
4.
The building shall have a roof eave-to-ridge height of 20 feet (6,096 mm) or less.
5. Exterior walls shall have gypsum board with a minimum thickness of 1/2 inch (12.7
mm) installed on the interior side fastened in accordance with Table R702.3.5.
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6. The structure shall be located where the ultimate design wind speed is less than or
equal to 130 mph (58 m/s) and the exposure category is B or C.
7. The structure shall be located in Seismic Design Category A, B, or C for detached
one- and two-family dwellings or Seismic Design Category A or B for town houses.
8.
Cripple walls shall not be permitted in three-story buildings.
R602.12.1 Circumscribed rectangle. The bracing required for each building shall be
determined by circumscribing a rectangle around the entire building on each floor as shown in
Figure R602.12.1. The rectangle shall surround all enclosed offsets and projections such as
sunrooms and attached garages. Open structures, such as carports and decks, shall be permitted
to be excluded. The rectangle shall not have a side greater than 80 feet (24,384 mm), and the
ratio between the long side and short side shall be not greater than 3:1.
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 mile per hour = 0.447m/s.
a. Interpolation shall not be permitted.
b. Cripple walls or wood-framed basement walls in a walk-out condition shall be
designated as the first story and the stories above shall be redesignated as the second and
third stories, respectively, and shall be prohibited in a three-story structure.
c. Actual lengths of the sides of the circumscribed rectangle shall be rounded to the next
highest unit of 10 when using this table.
d. For Exposure Category C, multiply bracing units by a factor of 1.20 for a one-story
building, 1.30 for a two-story building and 1.40 for a three-story building.
R602.12.3 Bracing unit. A bracing unit shall be a full height sheathed segment of the exterior
wall without openings or vertical or horizontal offsets and a minimum length as specified herein
173
for intermittent sheathing. Bracing units shall be considered per story for continuously sheathed
structural wood panels. Interior walls shall not contribute toward the amount of required bracing.
Mixing of Items 1 and 2 is prohibited on the same story.
1. Where all framed portions of all exterior walls are sheathed in accordance with
Section R602.12.2, including wall areas between bracing units, above and below
openings and on gable end walls, the minimum length of a bracing unit shall be 3 feet
(914 mm).
2. Where the exterior walls are braced with sheathing panels in accordance with Section
R602.12.2 and areas between bracing units are covered with other materials, the
minimum length of a bracing unit shall be 4 feet (1,219 mm).
R802.11.1 Uplift resistance. Roof assemblies shall have uplift resistance in accordance with
Sections R802.11.1.1 and R802.11.1.2.
Where the uplift force does not exceed 200 pounds (90.8 kg), rafters and trusses spaced not more
than 24 inches (610 mm) on center shall be permitted to be attached to their supporting wall
assemblies in accordance with Table R602.3(1) and be connected to a wall plate by the use of
approved connectors, consisting of truss/rafter to wall connector, having a resistance to uplift of
not less than 175 pounds installed in accordance with the manufacturer’s specifications; or
Where the basic wind speed does not exceed 115 mph, the wind exposure category is B, the roof
pitch is 5:12 or greater, and the roof span is 32 feet (9,754 mm) or less, rafters and trusses spaced
not more than 24 inches (610 mm) on center shall be permitted to be attached to their supporting
wall assemblies in accordance with Table R602.3(1).
R806.2 Minimum vent area. The minimum net free ventilating area shall be 1/150 of the area
of the vented space.
Exception: The minimum net free ventilation area shall be 1/300 of the vented space
provided one or more of the following conditions are met:
1. In Climate Zones 6, 7 and 8, a Class I or II vapor retarder is installed on the warm-inwinter side of the ceiling.
2. Not less than 40 percent and not more than 50 percent of the required ventilating area
is provided by ventilators located in the upper portion of the attic or rafter space. Upper
ventilators shall be located not more than 3 feet (914 mm) below the ridge or highest
point of the space, measured vertically. The balance of the required ventilation provided
shall be located in the bottom one-third of the attic space. Where the location of wall or
roof framing members conflicts with the installation of upper ventilators, installation
174
more than 3 feet (914 mm) below the ridge or highest point of the space shall be
permitted.
N1101.2 (R101.3) Intent. This chapter shall regulate the design and construction of buildings for
the effective use and conservation of energy over the useful life of each new building. Additions,
alterations, renovations, or repairs to an existing building, building system, or portion thereof
may conform to the provisions of this code as they relate to new construction without requiring
the unaltered portion(s) of the existing building or building system to comply with this code.
This chapter is intended to provide flexibility to permit the use of innovative approaches and
techniques to achieve this objective. This chapter is not intended to abridge safety, health, or
environmental requirements contained in other applicable codes or ordinances.
TABLE N1102.1.2 (R402.1.2)
INSULATION AND FENESTRATION REQUIREMENTS BY COMPONENTa
Clim
ate
Zone
6
Fenestratio
n UFactor
b
0.3
2
Skylig
htb UFactor
0.55
Glaze
d
Fenestrati
on
SHG
C b, e
NR
Ceili
ng RValu
ei
49
Woo
d
Fra
me
Wall
RValu
e
20 or
13 +
5h
Mas
s
Wall
RValu
ei
15/1
9
Floo
r RVal
ue
30g
Basem
entc
Wall
RValue
10/13
Slab
4 RVal
ue
10, 4
ft
Crawl
Spacec
Wall RValue
10/13
For SI: 1 foot = 304.8 mm
NR = Not Required.
a. R-values are minimums. U-factors and SHGC are maximums. Where insulation is
installed in a cavity which is less than the label or design thickness of the insulation, the
installed R-value of the insulation shall not be less than the R-value specified in the table.
b. The fenestration U-factor column excludes skylights. The SHGC column applies to all
glazed fenestration.
Exception: Skylights may be excluded from glazed fenestration SHGC requirements in
Climate Zones 1 through 3 where the SHGC for such skylights does not exceed 0.30.
c. "10/13" means R-10 continuous insulation on the interior or exterior of the home or R-13
cavity insulation on the interior of the basement wall. "15/19" means R-15 continuous
insulation on the interior or exterior of the home or R-19 cavity insulation on the interior of
the basement wall. Alternatively, compliance with "15/19" shall be R-13 cavity insulation on
the interior of the basement wall plus R-5 continuous insulation on the interior or exterior of
the home.
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d. R-5 insulation shall be provided under the full slab area of a heated slab in addition to the
required slab edge insulation R-value for slabs, as indicated in the table. The slab edge
insulation for heated slabs shall not be required to extend below the slab.
e. There are no SHGC requirements in the Marine Zone.
f. Basement wall insulation is not required in warm humid locations as defined by Figure
N1101.10 and Table N1101.10.
g. Alternatively, insulation sufficient to fill the framing cavity providing not less than an Rvalue of R-19.
h. The first value is cavity insulation, the second value is continuous insulation. Therefore, as
an example, "13+5" means R-13 cavity insulation plus R-5 continuous insulation.
i. Mass walls shall be in accordance with Section N1102.2.5. The second R-value applies
where more than half of the insulation is on the interior of the mass wall.
j. The minimum R-value for ceilings is further based on a minimum 6-inch (152 mm) heel
height to allow the ceiling insulation to extend over the top plate.
N1102.2.9 (R402.2.9) Basement walls. Walls associated with conditioned basements shall be
insulated from the top of the basement wall down to 10 feet (3,048 mm) below grade or to the
basement floor, whichever is less. Walls associated with unconditioned basements shall meet this
requirement unless the floor overhead is insulated in accordance with Sections N1102.1.2 and
N1102.2.8.
Exception: Exterior basement walls of enclosed mechanical rooms.
N1102.4.1.2 (R402.4.1.2) Testing. Not adopted by the city.
N1102.4.4 (R402.4.4) Rooms containing fuel-burning appliances. Not adopted by the city.
N1103.3.2.1 (R403.3.2.1) Sealed air handler. Not adopted by the city.
N1103.3.3 (R403.3.3) Duct testing (Mandatory). Not adopted by the city.
N1103.3.5 (R403.3.5) Building cavities (Mandatory). Building framing cavities shall not be
used as ducts or plenums.
Exception: Stud spaces and floor joist cavities may be used for return air plenums.
N1103.5 (R403.5) Service hot water systems. Energy conservation measures for service hot
water systems shall be in accordance with the plumbing code.
N1104.1 (R404.1) Lighting equipment (Mandatory). Not adopted by the city.
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N1107.1.1 (R501.1.1) Additions, alterations, or repairs: General. Additions, alterations, or
repairs to an existing building, building system, or portion thereof may comply with Section
N1108, N1109, or N1110. Unaltered portions of the existing building or building supply system
shall not be required to comply with this chapter.
N1109.1 (R503.1) General. Alterations to any building or structure may comply with the
requirements of the code for new construction. Alterations shall be such that the existing
building or structure is no less conforming with the provisions of this chapter than the existing
building or structure was prior to the alteration.
Alterations to an existing building, building system, or portion thereof may conform to the
provisions of this chapter as they relate to new construction without requiring the unaltered
portions of the existing building or building system to comply with this chapter. Alterations shall
not create an unsafe or hazardous condition or overload existing building systems. Alterations
shall be such that the existing building or structure uses no more energy than the existing
building or structure prior to the alteration. Alterations to existing buildings shall comply with
Sections N1109.1.1 through N1109.2.
N1110.1 (R504.1) General. Buildings, structures, and parts thereof may be repaired in
compliance with Section N1107.3 and this section. Work on nondamaged components necessary
for the required repair of damaged components shall be considered part of the repair and shall
not be subject to the requirements for alterations in this chapter. Routine maintenance required
by Section N1107.3, ordinary repairs exempt from permit, and abatement of wear due to normal
service conditions shall not be subject to the requirements for repairs in this section.
M1301.4 Plastic pipe, fittings, and components. Not adopted by the city.
M1305.1.3.1 Ground clearance. Equipment and appliances supported from the ground shall be
level and firmly supported on a concrete slab or other approved material extending not less than
1 ½ inches (38 mm) above the adjoining ground. Such support shall be in accordance with the
manufacturer’s installation instructions. Appliances suspended from the floor shall have a
clearance of not less than 6 inches (152 mm) from the ground.
M1502.4.2 Duct installation. Exhaust ducts shall be supported at 4-foot (1,219 mm) intervals
and shall be secured in place. The insert end of the duct shall extend into the adjoining duct or
fitting in the direction of airflow. Exhaust duct joints shall be sealed in accordance with Section
M1601.4.1. Ducts shall not be joined with screws or similar fasteners that protrude into the
inside of the duct. Where dryer exhaust ducts are enclosed in wall or ceiling cavities, such
cavities shall allow the installation of the duct without deformation.
M1504.2 Duct length. The length of exhaust and supply ducts used with ventilating equipment
shall not exceed the lengths determined in accordance with Table M1504.2 as revised.
177
M1411.9 Minimum duct size. The minimum unobstructed total area of the outside and return
air ducts or openings and supply air ducts to a heat pump and/or air conditioners shall be not less
than 6 square inches per 1,000 Btu/h (13,208 mm2/kW) output rating or as indicated by the conditions of the listing of
the heat pump or air conditioner.
M1502.4.2 Duct installation. Exhaust ducts shall be supported at 4-foot (1,219 mm) intervals
and shall be secured in place. The insert end of the duct shall extend into the adjoining duct or
fitting in the direction of airflow. Exhaust duct joints shall be sealed in accordance with Section
M1601.4.1. Ducts shall not be joined with screws or similar fasteners that protrude into the
inside of the duct.
M1506.2 Duct length. The length of exhaust and supply ducts used with ventilating equipment
shall not exceed the lengths determined in accordance with Table M1506.2 as revised.
Exception: Duct length shall not be limited where the duct system complies with the
manufacturer's design criteria or where the flow rate of the installed ventilating
equipment is verified by the installer or approved third party using a flow hood, flow
grid, or other airflow measuring device.
TABLE M1504.2
DUCT SIZE
Fan airflow rating (CFM)
Minimum duct diameter (inches)
0-80
81-125
126-200
201-300
Over 300
4
5
6
7
8
M1504.3 Exhaust openings. Air exhaust openings shall terminate as follows:
1. Not less than 3 feet (914 mm) from property lines.
2. Not less than 3 feet (914 mm) from gravity air intake openings, operable windows,
and doors.
3. Not less than 10 feet (3048 mm) from mechanical air intake openings except where
the exhaust opening is located not less than 3 feet (914 mm) above the air intake opening.
Openings shall comply with Sections R303.5.2 and R303.6.
4. Minimum clearance between the exhaust and intake openings of an HRV/PRV
system shall be in accordance with the manufacturer's installation instructions.
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M1505.4.1.1 Outside Air Supplied Direct to Habitable Spaces. When outdoor air is supplied
directly to habitable spaces it shall be tempered to a minimum of 40° F. at the local ASHRAE
99.6% heating design temperature.
M1505.4.1.2 Outdoor Air Supplied to Forced Air Supply Systems. When outdoor air is
supplied to a forced air system the mixed air temperature shall not be less than allowed by the
heating equipment manufacturer’s installation instructions. The system’s blower shall be in
operation whenever the whole-house ventilation system is in operation. No interlock with an
exhaust fan is required when outdoor air is supplied to a forced air system.
M1505.4.1.3 Passive Outdoor Air. Outdoor air shall be allowed to be transferred into a
dwelling when the outdoor air and exhaust terminations are separated with one on the uppermost
level and one on the lowest level of the dwelling. For single level dwellings, the outdoor air and
exhaust terminations shall be separated by 1/2 the diagonal dimension of the largest room. Such
outdoor air shall circulate through the dwelling from the outdoor air termination to the exhaust
termination through permanent openings. Supply, return, and transfer ducts, open stairwells, or
wall openings shall be considered permanent openings. The outdoor air intake duct shall be sized
in accordance with Table M1505.4.1 and air shall not be required to be tempered.
TABLE M1505.4.1.3
PASSIVE MAKEUP AIR DUCT SIZE
PASSIVE DUCT SIZE
EXHAUST FAN CFM
4 INCH
35
5 INCH
50
6 INCH
80
7 INCH
110
8 INCH
130
9 INCH
165
M1505.4.1.5 Fans. Fans used as part of the whole-house ventilation system shall be certified by
the equipment manufacturer to be capable of continuous operation at the maximum fan-rated
CFM. Surface mounted fans shall have a sound rating of 1.0 sone or less. Fans used as
wholehouse ventilation fans shall be clearly marked at rough-in inspection as such.
M1505.4.1.6 Motorized Dampers. Motorized dampers shall be installed in outdoor intake ducts
and shall be interlocked with whole-house ventilation fan(s). Gravity or motorized dampers shall
be installed in exhaust ducts.
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M1505.4.2 System controls. The whole-house mechanical ventilation system shall be provided
with controls that enable manual override. The controls shall be labeled “Whole-House
Ventilation System” and shall be located near the thermostat or in the mechanical room. For
whole- house ventilation fans which also function as bathroom exhaust fans, a local control
switch shall be required in the bathroom to allow operation of the fan when the whole-house
ventilation system is switched off.
Exception: Listed HRV/ERV systems shall be installed in accordance with the
manufacturer’s installation instructions. The distance between the exhaust and inlet termination
of an individual system shall be allowed to be in accordance with the equipment manufacturer’s
instructions. HRV/ERVs shall be capable of balanced airflow operation at the ASHRAE 99.6%
heating design temperature. Unit cycling for defrost is allowed.
TABLE M1505.4.4
MINIMUM REQUIRED LOCAL EXHAUST RATES FOR ONE- AND TWO-FAMILY
DWELLINGS
AREA TO BE EXHAUSTED
EXHAUST RATES
Bathrooms—
Toilet Rooms
Mechanical exhaust capacity of 50 cfm intermittent or 20 cfm continuous
Section M1506 Subslab Soil Exhaust Systems.
M1506.1 General. When a subslab soil exhaust system is provided, the duct shall conform to the
requirements of this section.
M1506.2 Materials. Subslab soil exhaust system duct material shall be air duct material listed
and labeled to the requirements of UL 181 for Class 0 air ducts, or any of the following piping
materials that comply with the plumbing code as building sanitary drainage and vent pipe: cast
iron; galvanized steel; copper or copper-alloy pipe and tube of a weight not less than type DWV;
and plastic piping.
M1506.3 Grade. Exhaust system ducts shall not be trapped and shall have a minimum slope of
1/8 unit vertical in 12 units horizontal (1 percent slope).
M1506.4 Termination. Subslab soil exhaust system ducts shall extend through the roof and
terminate at least 6 inches (152 mm) above the roof and at least 10 feet (3,048 mm) from any
operable openings or air intake.
M1506.5 Identification. Subslab soil exhaust ducts shall be permanently identified within each
floor level by means of a tag, stencil or other approved marking.
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M1601.1.1 Above-ground duct systems. Above-ground duct systems shall conform to the
following:
1. Equipment connected to duct systems shall be designed to limit discharge air temperature
to not greater than 250°F (121°C).
2. Factory-made ducts shall be listed and labeled in accordance with UL 181 and installed in
accordance with the manufacturer's instructions. Flexible air ducts shall be limited in length to 14
feet. Flexible air connectors are not allowed.
3. Fibrous glass duct construction shall conform to the SMACNA Fibrous Glass Duct
Construction Standards or NAIMA Fibrous Glass Duct Construction Standards.
4. Field-fabricated and shop-fabricated metal and flexible duct constructions shall conform to
the SMACNA HVAC Duct Construction Standards—Metal and Flexible except as allowed by
Table M1601.1.1. Galvanized steel shall conform to ASTM A 653, except that sheet steel and
strip used for duct, connectors, and round duct shall be G40 galvanized steel of lock-forming
quality.
5. The use of gypsum products to construct return air ducts or plenums is permitted, provided
that the air temperature does not exceed 125°F (52°C) and exposed surfaces are not subject to
condensation.
6. Duct systems shall be constructed of materials having a flame spread index of not greater
than 200.
7. Stud wall cavities and the spaces between solid floor joists to be used as air plenums shall
comply with the following conditions:
7.1. These cavities or spaces shall not be used as a plenum for supply air.
7.2. These cavities or spaces shall not be part of a required fire-resistance-rated assembly.
7.3. Stud wall cavities shall not convey air from more than one floor level.
7.4. Stud wall cavities and joist-space plenums shall be isolated from adjacent concealed
spaces by tight-fitting fire blocking in accordance with Section R602.8.
7.5. Stud wall cavities in the outside walls of the building envelope assemblies shall not be
utilized as air plenums.
8. Volume dampers, equipment and other means of supply, return and exhaust air
adjustment used in system balancing shall be provided with access.
M1601.1.2 Underground duct systems. Underground duct systems shall be constructed of
approved concrete, clay, metal or plastic. The maximum design temperature for systems utilizing
plastic duct and fittings shall be 150°F (66°C). Metal ducts shall be protected from corrosion in
an approved manner or shall be completely encased in concrete not less than 2 inches (51 mm)
thick. Nonmetallic ducts shall be installed in accordance with the manufacturer's instructions.
Plastic pipe and fitting materials shall conform to cell classification 12454-B of ASTM D1248 or
ASTM D1784 and external loading properties of ASTM D2412. Ducts shall slope to a drainage
point that has access. Ducts shall be sealed and secured prior to encasing the ducts in concrete or
direct burial. Metallic ducts having an approved protective coating and nonmetallic ducts shall be
installed in accordance with the manufacturer's instructions.
181
M1601.4.1 Joints, seams, and connections. Longitudinal and transverse joints, seams, and
connections in metallic and nonmetallic ducts shall be constructed as specified in SMACNA
HVAC Duct Construction Standards—Metal and Flexible and NAIMA Fibrous Glass Duct
Construction Standards. Joints, longitudinal and transverse seams, and connections in ductwork
outside the building thermal envelope, all return ducts located within 10 feet (3.05 m) of any
appliance or all return ducts within a mechanical room, and all supply main trunk ducts and
branch duct connections to the main trunk ducts shall be securely fastened and sealed with welds,
gaskets, mastics (adhesives), mastic-plus-embedded-fabric systems, liquid sealants, or tapes.
Tapes and mastics used to seal fibrous glass ductwork shall be listed and labeled in accordance
with UL 181A and shall be marked "181A-P" for pressure-sensitive tape, "181 A-M" for mastic,
or "181 A-H" for heat-sensitive tape.
Tapes and mastics used to seal metallic and flexible air ducts and flexible air connectors shall
comply with UL 181B and shall be marked "181 B-FX" for pressure-sensitive tape or "181 B-M"
for mastic. Duct connections to flanges of air distribution system equipment shall be sealed and
mechanically fastened. Mechanical fasteners for use with flexible nonmetallic air ducts shall
comply with UL 181B and shall be marked 181 B-C. Crimp joints for round metallic ducts shall
have a contact lap of not less than 1 inch (25 mm) and shall be mechanically fastened by means
of not less than three sheet metal screws or rivets equally spaced around the joint.
Closure systems used to seal all ductwork shall be installed in accordance with the
manufacturer's instructions.
Exceptions:
1. Spray polyurethane foam shall be permitted to be applied without additional joint
seals.
2. Where a duct connection is made that is partially inaccessible, three screws or rivets
shall be equally spaced on the exposed portion of the joint so as to prevent a hinge effect.
3. For ducts having a static pressure classification of less than 2 inches of water column
(500 Pa), additional closure systems shall not be required for continuously welded joints
and seams and locking-type joints and seams. This exception shall not apply to snap-lock
and button-lock type joints and seams that are located outside of conditioned space.
M1601.4.4 Support. Factory-made ducts listed in accordance with UL 181 shall be supported in
accordance with the manufacturer's installation instructions. Field- and shop-fabricated fibrous
glass ducts shall be supported in accordance with the SMACNA Fibrous Glass Duct
Construction Standards or the NAIMA Fibrous Glass Duct Construction Standards. Field- and
shop-fabricated metal and flexible ducts shall be supported in accordance with the SMACNA
HVAC Duct Construction Standards—Metal and Flexible. Metal ducts shall be supported by
1/2-inch-wide (13 mm) 18-gage, 1-inch-wide (25 mm) 24-gage, or 1 1/2-inch-wide (39 mm) 26182
gage metal straps or 12-gage galvanized wire at intervals not exceeding 10 feet (3,048 mm) or
other approved means.
M2101.1 General. Hydronic piping shall conform to Table M2101.1. Approved piping, valves,
fittings, and connections shall be installed in accordance with the manufacturer's instructions.
Pipe and fittings shall be rated for use at the operating temperature and pressure of the hydronic
system. Used pipe, fittings, valves, or other materials shall be free of foreign materials.
Exception: Polyvinyl Chloride (PVC) plastic pipe conforming to ASTM D1785 or
ASTM D2241 is an allowable material for hydronic piping.
G2407.6 (304.6) Outdoor combustion air. Outdoor combustion air shall be provided through
opening(s) to the outdoors in accordance with Section G2407.6.1, G2407.6.2, or G2407.6.3. The
minimum dimension of air openings shall be not less than 3 inches (76 mm). Combustion air
intake opening shall be located a minimum of 3 feet (914 mm) from a gas meter.
G2407.6.3 Alternate combustion air sizing. As an alternate, the net free area of openings,
ducts, or plenums supplying air to an area containing gas- and oil-burning appliances shall be in
accordance with B149.1-10, Natural Gas and Propane Installation Code, published by the
Canadian Standards Association (CSA). The combustion air duct is required to be upsized one
diameter size when a dryer is installed in the same room as the combustion air.
G2408.1 (305.1) General. Equipment and appliances shall be installed as required by the terms
of their approval in accordance with the conditions of listing, the manufacturer's instructions, and
this code. Manufacturer's installation instructions shall be available on the job site at the time of
inspection. Where a code provision is less restrictive than the conditions of the listing of the
equipment or appliance or the manufacturer's installation instructions, the conditions of the
listing and the manufacturer's installation instructions shall apply.
After completion of the installation, all safety and operating controls and venting shall be tested
before placing the burner in service in accordance with the manufacturer's installation
instructions. The following requirements need to be recorded and affixed to the inside of the gas
train access panel:
1. The rate of flow of the gas or fuel shall be adjusted to within plus or minus 5 percent
of the required Btu/hr rating at the manifold pressure specified by the manufacturer.
When the prevailing pressure is less than the manifold pressure specified, the rates shall
be adjusted at the prevailing pressure.
2. The gas inlet pressure per the manufacturer's installation settings.
3. The temperature rise across the heat exchanger per the manufacturer's installation
settings.
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4. The static pressure of the supply and return ducts per the manufacturer's installation
settings.
Unlisted appliances approved in accordance with Section G2404.3 shall be limited to uses
recommended by the manufacturer and shall be installed in accordance with the manufacturer's
instructions, the provisions of this code, and the requirements determined by the code official.
G2415.2 (404.2) CSST. CSST piping systems shall be installed in accordance with the terms of
their approval, the conditions of listing, the manufacturer's instructions, and this code. The piping
located on the exterior extending from the gas meter to the inside of the structure shall be a
metallic pipe in compliance with Section G2414.4. The entrance into the structure shall be
provided with the appropriate transition flange where an alternate gas piping material is utilized
on the inside of the structure.
G2415.3 (404.3) Prohibited locations. Piping shall not be installed in or through a ducted
supply, return or exhaust, or a clothes chute, chimney or gas vent, dumbwaiter, or elevator shaft.
G2427.4.1.1 (503.4.1.1) (IFGS) Plastic vent joints. Plastic pipe and fittings used to vent
appliances shall be installed in accordance with the appliance manufacturer's instructions. Plastic
pipe venting materials listed and labeled in accordance with UL 1738 shall be installed in
accordance with the vent manufacturer's instructions. Solvent cement joints between CPVC and
PVC pipe fittings shall be primed. Where a primer is required, it shall be of a contrasting color.
Part VII—Plumbing. The following chapters are not adopted by the city: Chapter 25—
Plumbing Administration; Chapter 26—General Plumbing Requirements; Chapter 27—
Plumbing Fixtures; Chapter 28—Water Heaters; Chapter 29—Water Supply and Distribution
except Section P2904 Dwelling Unit Fire Sprinkler Systems; Chapter 30—Sanitary Drainage;
Chapter 31—Vents; Chapter 32—Traps; and Chapter 33—Storm Drainage.
The provisions of the plumbing code of the city of Sioux Falls or the most current Uniform
Plumbing Code adopted by the South Dakota State Plumbing Commission shall apply to the
installation, alterations, repairs, and replacement of plumbing systems, including equipment,
appliances, fixtures, and appurtenances, and where connected to a water or sewage system for
detached one- and two-family dwellings and multiple single-family dwellings (town houses) not
more than three stories high with separate means of egress and their accessory structures.
Part VIII—Electrical. The following chapters are not adopted by the city: Chapter 34—General
Requirements; Chapter 35—Electrical Definitions; Chapter 36—Services; Chapter 37—Branch
Circuit and Feeder Requirements; Chapter 38—Wiring Methods; Chapter 39—Power and
Lighting Distribution; Chapter 40—Device and Luminaires; Chapter 41—Appliance Installation;
Chapter 42—Swimming Pools; Chapter 43—Class 2 Remote- Control, Signaling and PowerLimited Circuits.
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The provisions of the electrical code of the city of Sioux Falls or the most current code adopted
National Electrical Code by the South Dakota State Electrical Commission shall apply to the
installation, alteration, repair, relocation, replacement, addition to, use, or maintenance of any
electrical system, apparatus, wiring, or equipment for electrical, light, heat, power, fire alarms,
and associate controls for detached one- and two-family dwellings and multiple single-family
dwellings (town houses) not more than three stories high with separate means of egress and their
accessory structures.
CHAPTER 9.05 - PROPERTY MAINTENANCE CODE
9.0501
Adopted. The International Property Maintenance Code, 2018 edition, published by the
International Code Council, as amended, is hereby adopted as the Property Maintenance Code
to provide standards to safeguard life or limb, health, property, and public welfare by
regulating, governing, and controlling the use, occupancy, conditions, and maintenance of all
property, buildings, and structures within this jurisdiction and to provide for a just, equitable,
and practicable method whereby buildings or structures, which from any cause endanger the
life, limb, morals, property, safety, or welfare of the general public or their occupants, may be
repaired, vacated, or demolished. The minimum requirements and standards of the 2009
International Property Maintenance Code will become effective after April 13, 2011.
A printed copy as amended is on file with the City Office.
9.0502
Amendments, additions, and deletions to the 2018 International Property Maintenance Code.
The following sections and subsections of the property maintenance code adopted in this article
shall be amended, added, or deleted as follows. All other sections or subsections of the 2018
International Property Maintenance Code shall remain the same.
101.1 Title. These regulations shall be known as the International Property Maintenance Code of City of
Lennox, South Dakota hereinafter referred to as “this code.”
101.2 Scope. The provisions of this code shall apply to all existing residential and non-residential
structures and all existing premises and constitute minimum requirements and standards for premises,
structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the
elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of sanitary
maintenance; the responsibility of the owners, an owner’s authorized agent, operators, and occupants; the
occupancy of existing structures and premises, and for administration, enforcement, and penalties.
101.3 Intent. This code shall be construed to secure its expressed intent, which is to ensure public health,
safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures
and premises. Existing structures and premises that do not comply with these provisions shall be altered or
repaired to provide a minimum level of health and safety as required herein.
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101.4 Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reasons, held
to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code.
Section 102: Applicability
102.1 General. Where there is a conflict between a general requirement and a specific requirement, the
specific requirement shall govern. Where differences occur between provisions of this code and the
referenced standards, the provisions of this code shall apply. Where, in a specific case, different sections
of this code specify different requirements, the most restrictive shall govern.
102.2 Maintenance. Equipment, systems, devices, and safeguards required by this code or a previous
regulation or code under which the structure or premises was constructed, altered, or repaired shall be
maintained in good working order. An owner, owner’s authorized agent, operator, or occupant shall not
cause any service, facility, equipment, or utility that is required under this section to be removed from, shut
off from, or discontinued for any occupied dwelling, except for such temporary interruption as necessary
while repairs or alterations are in progress. The requirements of this code are not intended to provide the
basis for removal or abrogation of fire protection and safety systems and devices in existing structures.
Except as otherwise stated herein, the owner or owner’s authorized agent shall be responsible for the
maintenance of buildings, structures, and premises.
102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy,
shall be done in accordance with the procedures and provisions of the International Building Code,
International Residential Code, International Existing Building Code, International Fuel Gas Code,
International Mechanical Code, and NFPA 70. Nothing in this code shall be construed to cancel, modify
or set aside any provision of the Zoning Ordinance of the City of Lennox, South Dakota.
102.4 Existing Remedies. The provisions in this code ashall not be construed to abolish or impair existing
remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure
that is dangerous, unsafe, or insanitary.
102.5 Workmanship. Repairs, maintenance work, alterations, or installations that are caused directly or
indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and
installed in accordance with the manufacturers instructions.
102.6 Historic Buildings. The provisions of this code shall not be mandatory for existing buildings or
structures designated as historic buildings where such buildings or structures are judged by the Code
Official to be safe and in the public interest of health, safety, and welfare.
102.7 Referenced Codes and Standards. The codes and standards referenced in this code shall be those
that are listed in Chapter 8 and considered part of the requirements of this code to the prescribed extent of
each such reference and as further regulated in Section 102.7.1 and 102.7.2
Exception: Where enforcement of a code provision would violate the conditions of the listing of
the equipment or appliance, the conditions of the listing shall apply
102.7.1 Conflicts. Where conflicts occur between provisions of this code and the referenced
standards, the provision of this code shall apply.
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102.7.2 Provisions in referenced codes and standards. Where the extent of the reference to a
referenced code or standard includes subject matter that is within the scope of this code, the
provisions of this code, as applicable, shall take precedence over the provisions in the referenced
code or standard.
102.8 Requirements not covered by code. Requirements necessary for the strength, stability, or proper
operation of an existing fixture, structure, or equipment, or for the public health, safety and general welfare,
not specifically covered by this code, shall be determined by the code official.
102.9 Application of references. References to chapter or section number, or to provisions not specifically
identified by number, shall be construed to refer to such chapter, section or provision of this code.
102.10 Other laws. The provisions of this code4 shall not be deemed to nullify any provisions of local,
state,
or
federal
law.
Section 103: Department of Property Maintenance Inspection
103.1 The Department of Property Maintenance is hereby created and the executive official in charge
thereof shall be known as the ‘Code Official.’
103.2 Appointment. The Building Code Official shall be appointed by the Mayor with the consent
of the majority of the City Council.
103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence
of the appointing authority, the Code Official shall have the authority to appoint a deputy(s). Such
employees shall have powers as delegated by the Code Official.
103.4 Liability. The code official, member of the board of appeals or employee charged with the
enforcement of this code, while acting for the jurisdiction, in good faith and without malice in the discharge
of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable
personally, and is hereby relieved from all personal liability for any damage accruing to persons or property
as a result of an act or by reason of an act or omission in the discharge of official duties. Any suit instituted
against any officer or employee because of an act performed by that officer or employee in the lawful
discharge of duties and under the provisions of this code shall be afforded all the protection by the City’s
insurance pool and any immunities and defenses provided by other applicable state and federal laws and be
defended by the legal representative of the jurisdiction until the final termination of the proceedings. The
code official or any subordinate shall not be liable for costs in an action suit or proceeding that is instituted
in pursuance of the provisions of this code.
103.4.1 Legal defense. Any suit or criminal complaint instituted against any officer or employee
because of an act performed by that officer or employee in the lawful discharge of duties and under the
provisions of this code shall be defended bythe legal representative of the jurisdiction until the final
termination of the proceedings. The code official or any subordinate shall not be liable for the costs in an
action, suit, or proceeding that is instituted in pursuance of the provision of this code.
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103.5 Fees. The fees for building permits, activities and services performed by the department in carrying
out its responsibilities under this code shall be as established by City Council Resolution.
Section 104: Duties and Powers of the Code Official
104.1 General. 104.1 General. The code official is hereby authorized and directed to enforce the provisions of this
code. The code official shall have the authority to render interpretations of this code and to adopt policies and
procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be
in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of
waiving requirements specifically provided for in this code.
104.2 Inspections. The code official shall make all of the required inspections or shall
accept reports of inspection by approved agencies or individuals. Reports of such
inspections shall be in writing and be certified by a responsible officer of such approved
agency or by the responsible individual. The code official is authorized to engage such
expert opinion as deemed necessary to report on unusual technical issues that
arise, subject to the approval of the appointing authority.
104.3 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or
whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a
condition in violation of this code, the code official is authorized to enter the structure or premises at reasonable
times to inspect or perform the duties imposed by this code, provided that if such structure or premises is occupied
the code official shall present credentials to the occupant and request entry. If such structure or premises is
unoccupied, the code official shall first make a reasonable effort to locate the owner, owner’s authorized agent or
other person having charge or control of the structure or premises and request entry. If entry is refused, the code
official shall have recourse to the remedies provided by law to secure entry.
104.4 Identification. The code official shall carry proper identification when inspecting structures or premises in
the performance of duties under this code.
104.5 Notices and orders. The code official shall issue all necessary notices or orders to ensure compliance with
this code.
104.6 Department records. The code official shall keep official records of all business and activities of the
department specified in the provisions of this code. Such records shall be retained in the official records for the
period required for retention of public records.
Section 105: Approval
105.1 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code,
the code official shall have the authority to grant modifications for individual cases upon application of the owner or
owner’s authorized agent, provided that the code official shall first find that special individual reason makes the
strict letter of this code impractical, the modification is in compliance with the intent and purpose of this code and
that such modification does not lessen health, life and fire safety requirements. The details of action granting
modifications shall be recorded and entered in the department files.
105.2 Alternative materials, design and methods of construction and equipment. The provisions of this code are
not intended to prevent the installation of any material or to prohibit any design or method of construction not
specifically prescribed by this code, provided that any such alternative has been approved. An alternative material,
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design or method of construction shall be approved where the code official finds that the proposed design is
satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered
is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength,
effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construction
is not approved, the code official shall respond in writing, stating the reasons why the alternative was not approved.
105.3 Required testing. Whenever there is insufficient evidence of compliance with the provisions of this code or
evidence that a material or method does not conform to the requirements of this code, or in order to substantiate
claims for alternative materials or methods, the code official shall have the authority to require tests to be made as
evidence of compliance without expense to the jurisdiction.
105.3.1 Test methods. Test methods shall be as specified in this code or by other recognized test standards.
In the absence of recognized and accepted test methods, the code official shall be permitted to approve
appropriate testing procedures performed by an approved agency.
105.3.2 Test reports. Reports of tests shall be retained by the code official for the period required for
retention of public records.
105.4 Used material and equipment. Materials that are reused shall comply with the requirements of this code for
new materials. Materials, equipment and devices shall not be reused unless such elements are in good repair or have
been reconditioned and tested where necessary, placed in good and proper working condition and approved by the
code official.
105.5 Approved materials and equipment. Materials, equipment and devices approved by the code official shall
be constructed and installed in accordance with such approval.
105.6 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not
specifically provided for in this code, shall consist of valid research reports from approved sources.
Section 106: Violations
106.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of
any of the provisions of this code.
106.2 Notice of violation. The code official shall serve a notice of violation or order in accordance with Section
107.
106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in
accordance with Section 107 shall be deemed guilty of a misdemeanor or civil infraction as determined by the local
municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied
with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such
violation, or to require the removal or termination of the unlawful occupancy
of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any
action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon
which the structure is located and shall be a lien upon such real estate.
106.4 Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or
with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day
that a violation continues after due notice has been served shall be deemed a separate offense.
106.5 Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer
of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal
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occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the
building, structure or premises.
Section 107: Notices and Orders
107.1 Notice to person responsible. Whenever the code official determines that there has been a violation of this
code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in
Sections 107.2 and 107.3 to the person responsible for the violation as specified in this code. Notices for
condemnation procedures shall comply with Section 108.3.
107.2 Form. Such notice prescribed in Section 107.1 shall bein accordance with all of the following:
1. Be in writing.
2. Include a description of the real estate sufficient for identification.
3. Include a statement of the violation or violations and why the notice is being issued.
4. Include a correction order allowing a reasonable time to make the repairs and improvements required to
bring the dwelling unit or structure into compliance with the provisions of this code.
5. Inform the property owner or owner’s authorized agent of the right to appeal.
6. Include a statement of the right to file a lien in accordance
with Section 106.3.
107.3 Method of service. Such notice shall be deemed to be properly served if a copy thereof is: delivered
personally, or sent by certified or first-class mail addressed to the last known address. If the notice is returned
showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the
structure affected by such notice.
107.4 Unauthorized tampering. Signs, tags or seals posted or affixed by the code official shall not be mutilated,
destroyed or tampered with or removed without authorization from the code official.
107.5 Penalties. Penalties for noncompliance with orders and notices shall be as set forth in Section 106.4.
107.6 Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received
a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or
otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice
of violation have been complied with, or until such owner or the owner’s authorized agent shall first furnish the
grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code
official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee
or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the
responsibility without condition for making the corrections or repairs required by such compliance order or notice of
violation.
108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is
found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the
provisions of this code.
108.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health,
property or safety of the public or the occupants of the structure by not providing minimum safeguards to
protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so
damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation,
that partial or complete collapse is possible.
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108.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving
stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or
within the structure that is in such disrepair or condition that such equipment is a hazard to life, health,
property or safety of the public or occupants of the premises or structure.
108.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the
code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is
in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or
lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this
code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the
public.
108.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more
persons than permitted under this code, or was erected, altered or occupied contrary to law.
108.1.5 Dangerous structure or premises. For the purpose of this code, any structure or premises that has
any or all of the conditions or defects described as follows shall be considered to be dangerous:
1. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to
the approved building or fire code of the jurisdiction as related to the requirements for existing
buildings.
2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so
warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress.
3.Any portion of a building, structure or appurtenance that has been damaged by fire, earthquake,
wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an
extent that it is likely to partially or completely collapse, or to become detached or dislodged.
4. Any portion of a building, or any member, appurtenance or ornamentation on the exterior
thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in
place so as to be capable of resisting natural or artificial loads of one and one-half the original
designed value.
5. The building or structure, or part of the building or structure, because of dilapidation,
deterioration, decay, faulty construction, the removal or movement of some portion of the ground
necessary for the support, or for any other reason, is likely to partially or completely collapse, or
some portion of the foundation or underpinning of the building or structure is likely to fail or give
way.
6. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy.
7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to
become an attractive nuisance to children who might play in the building or structure to their
danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort
to the building or structure for committing a nuisance or an unlawful act.
8. Any building or structure has been constructed, exists or is maintained in violation of any
specific requirement
or prohibition applicable to such building or structure provided by the approved building or fire
code of the jurisdiction, or of any law or ordinance to such an extent as to present either a
substantial risk of fire, building collapse or any other threat to life and safety.
9. A building or structure, used or intended to be used for dwelling purposes, because of
inadequate maintenance,
dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation,
mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary,
unfit for human habitation or in such a condition that is likely to cause sickness or disease.
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10. Any building or structure, because of a lack of sufficient or proper fire-resistance-rated
construction, fire protection systems, electrical system, fuel connections, mechanical system,
plumbing system or other cause, is determined by the code official to be a threat to life or health.
11. Any portion of a building remains on a site after the demolition or destruction of the building
or structure or whenever any building or structure is abandoned so as to constitute such building or
portion thereof as an attractive nuisance or hazard to the public.
108.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is
not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises
and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner or owner’s
authorized agent to close up the premises within the time specified in the order, the code official shall cause the
premises to be closed and secured through any available public agency or by contract or arrangement by private
persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a
lien upon such real estate and shall be collected by any other legal resource.
108.2.1 Authority to disconnect service utilities. The code official shall have the authority to authorize
disconnection of utility service to the building, structure or system regulated by this code and the referenced codes
and standards set forth in Section 102.7 in case of emergency where necessary to eliminate an immediate hazard to
life or property or where such utility connection has been made without approval. The
code official shall notify the serving utility and, whenever possible, the owner or owner’s authorized agent and
occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not
notified prior to disconnection the owner, owner’s authorized agent or occupant of the building structure or service
system shall be notified in writing as soon as practical thereafter.
108.3 Notice. Whenever the code official has condemned a structure or equipment under the provisions of this
section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on
the owner, owner’s authorized agent or the person or persons responsible for the structure or equipment in
accordance with Section 107.3. If the notice pertains to equipment, it shall be placed on the condemned equipment.
The notice shall be in the form prescribed in Section 107.2.
108.4 Placarding. Upon failure of the owner, owner’s authorized agent or person responsible to comply with the
notice provisions within the time given, the code official shall post on the premises or on defective equipment a
placard bearing the word “Condemned” and a statement of the penalties provided for occupying the premises,
operating the equipment or removing the placard.
108.4.1 Placard removal. The code official shall remove the condemnation placard whenever the defect or defects
upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or
removes a condemnation placard without the approval of the code official shall be subject to the penalties provided
by this code.
108.5 Prohibited occupancy. Any occupied structure condemned and placarded by the code official shall be
vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate
placarded equipment, and any owner, owner’s authorized agent or person responsible for the premises who shall let
anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this
code.
108.6 Abatement methods. The owner, owner’s authorized agent, operator or occupant of a building, premises or
equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions
either by repair, rehabilitation, demolition or other approved corrective action.
108.7 Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the
occupancy of the structure and the nature of the unsafe condition.
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Section 109: Emergency Measures
109.1 Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of
a building or structure that endangers life, or when any structure or part of a structure has fallen and life is
endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants
or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic
fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized
and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to
be posted at each entrance to such structure a notice reading as follows: “This Structure Is Unsafe and Its Occupancy
Has Been Prohibited by the Code Official.” It shall be unlawful for any person to enter such structure except for the
purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing
the same.
109.2 Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code
official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be
done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal
procedure herein described has been instituted; and shall cause such other action to be taken as the code official
deems necessary to meet such emergency.
109.3 Closing streets. When necessary for public safety, the code official shall temporarily close structures and
close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to
unsafe structures, and prohibit the same from being utilized.
109.4 Emergency repairs. For the purposes of this section, the code official shall employ the necessary labor and
materials to perform the required work as expeditiously as possible.
109.5 Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the
jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises
or owner’s authorized agent where the unsafe structure is or was located for the recovery of such costs.
109.6 Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any
affected person shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in
this code.
Section 110: Demolition
110.1 General. The code official shall order the owner or owner’s authorized agent of any premises upon which is
located any structure, which in the code official’s or owner’s authorized agent judgment after review is so
deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit
for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove
such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary, or
to board up and hold for future repair or to demolish and remove at the owner’s option; or where there has been a
cessation of normal construction of any structure for a period of more than two years, the code official shall order
the owner or owner’s authorized agent to demolish and remove such structure, or board up until future repair.
Boarding the building up for future repair shall not extend beyond one year, unless approved by the building
official.
110.2 Notices and orders. Notices and orders shall comply with Section 107.
110.3 Failure to comply. If the owner of a premises or owner’s authorized agent fails to comply with a demolition
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order within the time prescribed, the code official shall cause the structure to be demolished and removed, either
through an available public agency or by contract or arrangement with private persons, and the cost of such
demolition and removal shall be charged against the real estate upon which the structure is located and shall be a
lien upon such real estate.
110.4 Salvage materials. Where any structure has been ordered demolished and removed, the governing body or
other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and
valuable materials. The net proceeds of such sale, after deducting the expenses of such demolition and removal,
shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts
deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to
be turned over, the report shall so state. The governing body may sell any valuables or salvageable materials
for the highest price obtainable. The costs of demolition are then to be deducted from any proceeds from
the sale of salvage. If a surplus of funds remains, it is to be remitted to the owner with an itemized
expense and income account; however, if no surplus remains, this must also be reported.
SECTION 111: MEANS OF APPEAL
111.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order
issued under this code shall have the right to appeal to the board of appeals, provided that a written application for
appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall
be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly
interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied
by other means.
111.2 Membership of board. The board of appeals shall consist of not less than three members who are qualified
by experience and training to pass on matters pertaining to property maintenance and who are not employees of the
jurisdiction. The code official shall be an ex-officio member but shall not vote on any matter before the board. The
board shall be appointed by the chief appointing authority, and shall serve staggered and overlapping terms.
111.2.1 Alternate members. The chief appointing authority shall appoint not less than two alternate members
who shall be called by the board chairman to hear appeals during the absence or disqualification of a member.
Alternate members shall possess the qualifications required for board
membership.
111.2.2 Chairman. The board shall annually select one of its members to serve as chairman.
111.2.3 Disqualification of member. A member shall not hear an appeal in which that member has a personal,
professional
or financial interest.
.
111.2.4 Secretary. The chief administrative officer shall designate a qualified person to serve as secretary to the
board. The secretary shall file a detailed record of all proceedings in the office of the chief administrative officer.
111.2.5 Compensation of members. Compensation of members shall be determined by Resolution of the City
Council.
111.3 Notice of meeting. The board shall meet upon notice from the chairman, within 20 days of the filing of an
appeal, or at stated periodic meetings.
111.4 Open hearing. Hearings before the board shall be open to the public. The appellant, the appellant’s
representative, the code official and any person whose interests are affected shall be given an opportunity to be
heard. A quorum shall consist of not less than one-half of the board membership.
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111.4.1 Procedure. The board shall adopt and make available to the public through the secretary procedures under
which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but
shallmandate that only relevant information be received.
111.5 Postponed hearing. When the full board is not present to hear an appeal, either the appellant or the
appellant’s representative shall have the right to request a postponement of the hearing.
111.6 Board decision. The board shall modify or reverse the decision of the code official only by a concurring vote
of a majority of the total number of appointed board members.
111.6.1 Records and copies. The decision of the board shall be recorded. Copies shall be furnished to the appellant
and to the code official.
111.6.2 Administration. The code official shall take immediate action in accordance with the decision of the board.
111.7 Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the
appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner
and time required by law following the filing of the decision in the office of the chief administrative officer.
111.8 Stays of enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the
enforcement of the notice and order until the appeal is heard by the appeals board.
SECTION 112: STOP WORK ORDER
112.1 Authority. Whenever the code official finds any work regulated by this code being performed in a manner
contrary to the provisions of this code or in a dangerous or unsafe manner, the code official is authorized to issue a
stop work order.
112.2 Issuance. A stop work order shall be in writing and shall be given to the owner of the property, to the owner’s
authorized agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall
immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited
work is authorized to resume.
112.3 Emergencies. Where an emergency exists, the code official shall not be required to give a written notice prior
to stopping the work.
112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order,
except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a
fine of not less than $1000 dollars or more than $1500 dollars.
Chapter 2: Definitions
Section 201: General
201.1 Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the
meanings shown in this chapter.
201.2 Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender
include the feminine and neuter; the singular number includes the plural and the plural, the singular.
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201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International
Building Code, International Existing Building Code, International Fire Code, International Fuel Gas Code,
International Mechanical Code, International Plumbing Code, International Residential Code, International Zoning
Code or NFPA 70, such terms shall have the meanings ascribed to them as stated in those codes.
201.4 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms
shall have ordinarily accepted meanings such as the context implies.
201.5 Parts. Whenever the words “dwelling unit,” “dwelling,” “premises,” “building,” “rooming house,” “rooming
unit,” “housekeeping unit” or “story” are stated in this code, they shall be construed as though they were followed by
the words “or any part thereof.”
SECTION 202: GENERAL DEFINITIONS
ANCHORED. Secured in a manner that provides positive connection.
APPROVED. Acceptable to the code official.
BASEMENT. That portion of a building that is partly or completely below grade.
BATHROOM. A room containing plumbing fixtures including a bathtub or shower.
BEDROOM. Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping
unit.
CODE OFFICIAL. The official who is charged with the administration and enforcement of this code, or any duly
authorized representative.
CONDEMN. To adjudge unfit for occupancy.
COST OF SUCH DEMOLITION OR EMERGENCY REPAIRS. The costs shall include the actual costs of the
demolition or repair of the structure less revenues obtained if salvage was conducted prior to demolition or repair.
Costs shall include, but not be limited to, expenses incurred or necessitated related to demolition or emergency
repairs, such as asbestos survey and abatement if necessary; costs of inspectors, testing agencies or experts retained
relative to the demolition or emergency repairs; costs of testing; surveys for other materials that are controlled or
regulated from being dumped in a landfill; title searches; mailing(s); postings; recording; and attorney fees expended
for recovering of the cost of emergency repairs or to obtain or enforce an order of demolition made by a code
official, the governing body or board of appeals.
DETACHED. When a structural element is physically disconnected from another and that connection is necessary
to provide a positive connection.
DETERIORATION. To weaken, disintegrate, corrode, rust or decay and lose effectiveness.
DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons,
including permanent provisions for living, sleeping, eating, cooking and sanitation.
EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than
the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lot or
lots.
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EQUIPMENT SUPPORT. Those structural members or assemblies of members or manufactured elements,
including braces, frames, lugs, snuggers, hangers or saddles, that transmit gravity load, lateral load and operating
load between the equipment and the structure.
EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners
or operators of such premises.
GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of
food.
GUARD. A building component or a system of building components located at or near the open sides of elevated
walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.
HABITABLE SPACE. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms,
closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.
HISTORIC BUILDING. Any building or structure that is one or more of the following:
1. Listed or certified as eligible for listing, by the State Historic Preservation Officer or the Keeper of the
National Register of Historic Places, in the National Register of Historic Places.
2. Designated as historic under an applicable state or local law.
3. Certified as a contributing resource within a National Register or state or locally designated historic
district.
HOUSEKEEPING UNIT. A room or group of rooms forming a single habitable space equipped and intended to
be used for living, sleeping, cooking and eating that does not contain, within such a unit, a toilet, lavatory and
bathtub or shower.
IMMINENT DANGER. A condition that could cause serious or life-threatening injury or death at any time.
INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rodents, vermin or other
pests.
INOPERABLE MOTOR VEHICLE. A vehicle that cannot be driven upon the public streets for reason including
but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under
its own power.
LABELED. Equipment, materials or products to which have been affixed a label, seal, symbol or other identifying
mark of a nationally recognized testing laboratory, approved agency or other organization concerned with product
evaluation that maintains periodic inspection of the production of the above-labeled items and whose labeling
indicates either that the equipment, material or product meets identified standards or has been tested and found
suitable for a specified purpose.
LET FOR OCCUPANCY or LET. To permit, provide or offer possession or occupancy of a dwelling, dwelling
unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof,
pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of
contract for the sale of land.
NEGLECT. The lack of proper maintenance for a building or structure.
OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied.
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OCCUPANT. Any individual living or sleeping in a building, or having possession of a space within a building.
OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and
which opens directly to the outdoors.
OPERATOR. Any person who has charge, care or control of a structure or premises that is let or offered for
occupancy.
OWNER. Any person, agent, operator, firm or corporation having legal or equitable interest in the property; or
recorded in the official records of the state, county or municipality as holding title to the property; or otherwise
having control of the property, including the guardian of the estate of any such person, and the executor or
administrator of the estate of such person if ordered to take possession of real property by a court.
PERSON. An individual, corporation, partnership or any other group acting as a unit.
PEST ELIMINATION. The control and elimination of insects, rodents or other pests by eliminating their
harborage places; by removing or making inaccessible materials that serve as their food or water; by other approved
pest elimination methods.
PREMISES. A lot, plot or parcel of land, easement or public way, including any structures thereon.
PUBLIC WAY. Any street, alley or other parcel of land that: is open to the outside air; leads to a street; has been
deeded, dedicated or otherwise permanently appropriated to the public for public use; and has a clear width and
height of not less than 10 feet (3048 mm).
ROOMING HOUSE. A building arranged or occupied for lodging, with or without meals, for compensation and
not occupied as a one- or two-family dwelling.
ROOMING UNIT. Any room or group of rooms forming a single habitable unit occupied or intended to be
occupied for sleeping or living, but not for cooking purposes.
RUBBISH. Combustible and noncombustible waste materials, except garbage; the term shall include the residue
from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior,
rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other
similar materials.
SLEEPING UNIT. A room or space in which people sleep, which can also include permanent provisions for living,
eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling
unit are not sleeping units.
STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to
prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was
prohibited, or failed to do an act which the defendant was legally required to do.
STRUCTURE. That which is built or constructed.
TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a
building or portion thereof as a unit.
TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower.
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ULTIMATE DEFORMATION. The deformation at which failure occurs and that shall be deemed to occur if the
sustainable load reduces to 80 percent or less of the maximum strength.
VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing
such air from, any space.
WORKMANLIKE. Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and
without marring adjacent work.
YARD. An open space on the same lot with a structure.
Chapter 3:
General Requirements
SECTION 301: GENERAL
301.1 Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons
for maintenance of structures, equipment and exterior property.
301.2 Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance
with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant
or permit another person to occupy premises that are not in a sanitary and safe condition and that do not comply with
the requirements of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for
keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or
premises they occupy and control.
301.3 Vacant structures and land. Vacant structures and premises thereof or vacant land shall be maintained in a
clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely
affect the public health or safety.
SECTION 302: EXTERIOR PROPERTY AREAS
302.1 Sanitation. Exterior property and premises shall be maintained in a clean, safe and sanitary condition. The
occupant shall keep that part of the exterior property that such occupant occupies or controls in a clean and sanitary
condition.
302.2 Grading and drainage. Premises shall be graded and maintained to prevent the erosion of soil and to prevent
the accumulation of stagnant water thereon, or within any structure located thereon.
Exception: Approved retention areas and reservoirs.
302.3 Sidewalks and driveways. Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be
kept in a proper state of repair, and maintained free from hazardous conditions.
302.4 Weeds. Premises and exterior property shall be maintained free from weeds or plant growth in excess of eight
Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annualplants and vegetation,
other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens.
Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of
violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority
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(8) inches.
having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the
jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut
and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent
responsible for the property.
302.5 Rodent harborage. Structures and exterior property shall be kept free from rodent harborage and infestation.
Where rodents are found, they shall be promptly exterminated by approved processes that will not be injurious to
human health. After pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation.
302.6 Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air,
grease, smoke, odors or other gaseous or particulate wastes directly on abutting or adjacent public or private
property or that of another tenant.
302.7 Accessory structures. Accessory structures, including detached garages, fences and walls, shall be
maintained structurally sound and in good repair.
302.8 Motor vehicles. Except as provided for in other regulations, inoperative or unlicensed motor vehicles shall
not be parked, kept or stored on any premises, and vehicles shall not at any time be in a state of major disassembly,
disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside
an approved spray booth.
Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided
that such work is performed inside a structure or similarly enclosed area designed and approved for such
purposes.
302.9 Defacement of property. A person shall not willfully or wantonly damage, mutilate or deface any exterior
surface of any structure or building on any private or public property by placing thereon any marking, carving or
graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and
repair.
SECTION 303: SWIMMING POOLS, SPAS AND HOT TUBS
303.1 Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition, and in good repair.
303.2 Enclosures. Private swimming pools, hot tubs and spas, containing water more than 24 inches (610 mm) in
depth shall be completely surrounded by a fence or barrier not less than 48 inches (1219 mm) in height above the
finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall
be self-closing and self-latching. Where the self-latching device is less than 54 inches (1372 mm) above the bottom
of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates
shall be maintained such that the gate will positively close and latch when released from an open position of 6
inches (152 mm) from the gatepost. An existing pool enclosure shall not be removed, replaced or changed in a
manner that reduces its effectiveness as a safety barrier.
Exception: Spas or hot tubs with a safety cover that complies with ASTM F1346 shall be exempt from the
provisions of this section.
SECTION 304: EXTERIOR STRUCTURE
304.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as
not to pose a threat to the public health, safety or welfare.
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304.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced
to comply with the International Building Code or the International Existing Building Code as required for existing
buildings:
1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the
required strength.
2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not
capable of resisting all nominal loads or load effects.
3. Structures or components thereof that have reached their limit state.
4. Siding and masonry joints including joints between the building envelope and the perimeter of windows,
doors and skylights are not maintained, weather resistant or water tight.
5. Structural members that have evidence of deterioration or that are not capable of safely supporting all
nominal loads and load effects.
6. Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks
and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all
load effects.
7. Exterior walls that are not anchored to supporting and supported elements or are not plumb and free of
holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not capable of
supporting all nominal loads and resisting all load effects.
8. Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage,
or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without
proper anchorage and incapable of supporting all nominal loads and resisting all load effects.
9. Flooring and flooring components with defects that affect serviceability or flooring components that
show signs of deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal
loads and resisting all load effects.
10. Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not properly
anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all
load effects.
11. Overhang extensions or projections including, but not limited to, trash chutes, canopies, marquees,
signs, awnings, fire escapes, standpipes and exhaust ducts not properly anchored or that are anchored with
connections not capable of supporting all nominal loads and resisting all load effects.
12. Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including
guards and handrails, are not structurally sound, not properly anchored or that are anchored with
connections not capable of supporting all nominal loads and resisting all load effects.
13. Chimneys, cooling towers, smokestacks and similar appurtenances not structurally sound or not
properly anchored, or that are anchored with connections not capable of supporting all nominal loads and
resisting all load effects.
Exceptions:
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1. Where substantiated otherwise by an approved method.
2. Demolition of unsafe conditions shall be
304.2 Protective treatment. Exterior surfaces, including but not limited to, doors, door and window frames,
cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces,
other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective
covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. Siding and
masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights,
shall be maintained weather resistant and watertight. Metal surfaces subject to rust or corrosion shall be coated to
inhibit such rust and corrosion, and surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust
and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by
oxidation are exempt from this requirement.
304.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly
legible and visible from the street or road fronting the property. These numbers shall contrast with their background.
Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be not less than 4 inches (102 mm) in
height with a minimum stroke width of 0.5 inch (12.7 mm).
304.4 Structural members. Structural members shall be maintained free from deterioration, and shall be capable of
safely supporting the imposed dead and live loads.
304.5 Foundation walls. Foundation walls shall be maintained plumb and free from open cracks and breaks and
shall be kept in such condition so as to prevent the entry of rodents and other pests.
304.6 Exterior walls. Exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained
weatherproof and properly surface coated where required to prevent deterioration.
304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof
drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof
drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not
be discharged in a manner that creates a public nuisance.
304.8 Decorative features. Cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative
features shall be maintained in good repair with proper anchorage and
in a safe condition.
304.9 Overhang extensions. Overhang extensions including, but not limited to, canopies, marquees, signs, metal
awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so
as to be kept in a sound condition. Where required, all exposed surfaces of metal or wood shall be protected from the
elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar
surface treatment.
304.10 Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all
appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and
capable of supporting the imposed loads.
304.11 Chimneys and towers. Chimneys, cooling towers, smoke stacks, and similar appurtenances shall be
maintained structurally safe and sound, and in good repair. Exposed surfaces of metal or wood shall be protected
from the elements and against decay or rust by periodic application of weather coating materials, such as paint or
similar surface treatment.
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304.12 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting
normally imposed loads and shall be maintained in good condition.
304.13 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound
condition, good repair and weather tight.
304.13.1 Glazing. Glazing materials shall be maintained free from cracks and holes.
304.13.2 Openable windows. Every window, other than a fixed window, shall be easily openable and capable of
being held in position by window hardware.
304.14 Insect screens. During the period from May 1 to November 1, every door, window and other outside opening
required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to
be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be
supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen
door used for insect control shall have a self-closing device in good working condition.
Exception: Screens shall not be required where other approved means, such as air curtains or insect
repellent fans, are employed.
304.15 Doors. Exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in
good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on
means of egress doors shall be in accordance with Section 702.3.
304.16 Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain
and surface drainage water.
304.17 Guards for basement windows. Every basement window that is openable shall be supplied with rodent
shields, storm windows or other approved protection against the entry
304.18 Building security. Doors, windows or hatchways for dwelling units, room units or housekeeping units shall
be provided with devices designed to provide security for the occupants and property within.
304.18.1 Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased
or let shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to
be made without the need for keys, special knowledge or effort and shall have a minimum lock throw of 1 inch (25
mm). Such deadbolt locks shall be installed according to the manufacturer’sspecifications and maintained in good
working order. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock.
304.18.2 Windows. Operable windows located in whole or in part within 6 feet (1828 mm) above ground level or a
walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented,
leased or let shall be equipped with a window sash locking device.
304.18.3 Basement hatchways. Basement hatchways that provide access to a dwelling unit, rooming unit or
housekeeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized
entry.
304.19 Gates. Exterior gates, gate assemblies, operator systems if provided, and hardware shall be maintained in
good condition. Latches at all entrances shall tightly secure the gates.
SECTION 305: INTERIOR STRUCTURE
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305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally
sound and in a sanitary condition. Occupants shall keep that part of the structure that they occupy or control in a
clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a
dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and
sanitary condition, the shared or public areas of the structure and exterior property.
305.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced
to comply with the International Building Code or the International Existing Building Code as required for existing
buildings:
1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the
required strength.
2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not
capable of resisting all nominal loads or load effects.
3. Structures or components thereof that have reached their limit state.
4. Structural members are incapable of supporting nominal loads and load effects.
5. Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not
structurally sound, not properly anchored or are anchored with connections not capable of supporting all
nominal loads and resisting all load effects.
6. Foundation systems that are not firmly supported by footings are not plumb and free from open cracks
and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all
load effects.
Exceptions:
1. Where substantiated otherwise by an approved method.
2.
Demolition of unsafe conditions shall be permitted where approved by the code official.
305.2 Structural members. Structural members shall be maintained structurally sound, and be capable of
supporting the imposed loads.
305.3 Interior surfaces. Interior surfaces, including windows and doors, shall be maintained in good, clean and
sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or
loose plaster, decayed wood and other defective surface conditions shall be corrected.
305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall
be maintained in sound condition and good repair.
305.5 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally
imposed loads and shall be maintained in good condition.
305.6 Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being
opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the
manufacturer of the attachment hardware.
SECTION 306: COMPONENT SERVICEABILITY
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306.1 General. The components of a structure and equipment therein shall be maintained in good repair, structurally
sound and in a sanitary condition.
306.1.1 Unsafe conditions. Where any of the following conditions cause the component or system to be beyond its
limit state, the component or system shall be determined as unsafe and shall be repaired or replaced to comply with
the International Building Code or the International Existing Building Code as required for existing buildings:
1. Soils that have been subjected to any of the followingconditions:
1.1. Collapse of footing or foundation system.
1.2. Damage to footing, foundation, concrete or other structural element due to soil expansion.
1.3. Adverse effects to the design strength of footing, foundation, concrete or other structural
1.4. element due to a chemical reaction from the soil.
1.5. Inadequate soil as determined by a geotechnical investigation.
1.5. Where the allowable bearing capacity of the soil is in doubt.
1.6. Adverse effects to the footing, foundation, concrete or other structural element due to the
ground water table.
2. Concrete that has been subjected to any of the following conditions:
2.1. Deterioration.
2.2. Ultimate deformation.
2.3. Fractures.
2.4. Fissures.
2.5. Spalling.
2.6. Exposed reinforcement.
2.7. Detached, dislodged or failing connections.
3. Aluminum that has been subjected to any of the following conditions:
3.1. Deterioration.
3.2. Corrosion.
3.3. Elastic deformation.
3.4. Ultimate deformation.
3.5. Stress or strain cracks.
3.6. Joint fatigue.
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3.7. Detached, dislodged or failing connections.
4. Masonry that has been subjected to any of the following conditions:
4.1. Deterioration.
4.2. Ultimate deformation.
4.3. Fractures in masonry or mortar joints.
4.4. Fissures in masonry or mortar joints.
4.5. Spalling.
4.6. Exposed reinforcement.
4.7. Detached, dislodged or failing connections.
5. Steel that has been subjected to any of the following conditions:
5.1. Deterioration.
5.2. Elastic deformation.
5.3. Ultimate deformation.
5.4. Metal fatigue.
5.5. Detached, dislodged or failing connections.
6. Wood that has been subjected to any of the following conditions:
6.1. Ultimate deformation.
6.2. Deterioration.
6.3. Damage from insects, rodents and other vermin.
6.4. Fire damage beyond charring.
6.5. Significant splits and checks.
6.6. Horizontal shear cracks.
6.7. Vertical shear cracks.
6.8. Inadequate support.
6.9. Detached, dislodged or failing connections.
6.10. Excessive cutting and notching.
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Exceptions:
1. Where substantiated otherwise by an approved method.
2. Demolition of unsafe conditions shall be permitted where approved by the code official.
SECTION 307: HANDRAILS AND GUARDRAILS
307.1 General. Every exterior and interior flight of stairs having more than four risers shall have a handrail on one
side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface that
is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall be not less than
30 inches (762mm) in height or more than 42 inches (1067 mm) in height measured vertically above the nosing of
the tread or above the finished floor of the landing or walking surfaces. Guards shall be not less than 30 inches (762
mm) in height above the floor of the landing, balcony, porch, deck, or ramp or other walking surface.
Exception: Guards shall not be required where exempted by the adopted building code.
SECTION 308: RUBBISH AND GARBAGE
308.1 Accumulation of rubbish or garbage. Exterior property and premises, and the interior of every structure,
shall be free from any accumulation of rubbish or garbage.
308.2 Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner
by placing such rubbish in approved containers.
308.2.1 Rubbish storage facilities. The owner of every occupied premises shall supply approved covered
containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish.
308.2.2 Refrigerators. Refrigerators and similar equipment not in operation shall not be discarded, abandoned or
stored on premises without first removing the doors.
308.3 Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by
placing such garbage in an approved garbage disposal facility or approved garbage containers.
308.3.1 Garbage facilities. The owner of every dwelling shall supply one of the following: an approved mechanical
food waste grinder in each dwelling unit; an approved incinerator unit in the structure available to the occupants in
each dwelling unit; or an approved leakproof, covered, outside garbage container.
308.3.2 Containers. The operator of every establishment producing garbage shall provide, and at all times cause to
be utilized, approved leakproof containers provided with closefitting covers for the storage of such materials until
removed from the premises for disposal.
SECTION 309: PEST ELIMINATION
309.1 Infestation. Structures shall be kept free from insect and rodent infestation. Structures in which insects or
rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health.
After pest elimination, proper precautions shall be taken to prevent reinfestation.
309.2 Owner. The owner of any structure shall be responsible for pest elimination within the structure prior to
renting or leasing the structure.
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309.3 Single occupant. The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be
responsible for pest elimination on the premises.
309.4 Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a
rooming house or a nonresidential structure shall be responsible
for pest elimination in the public or shared areas of the
structure and exterior property. If infestation is caused by
failure of an occupant to prevent such infestation in the area
occupied, the occupant and owner shall be responsible for
pest elimination.
309.5 Occupant. The occupant of any structure shall be responsible for the continued rodent and pest-free condition
of the structure.
Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for
pest elimination.
Chapter 4:
Light, Ventilation and Occupancy
Limitations
SECTION 401: GENERAL
401.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation
and space for occupying a structure.
401.2 Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions
in compliance with these requirements. A person shall not occupy as owner-occupant, or permit another person to
occupy, any premises that do not comply with the requirements of this chapter.
401.3 Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or
mechanical ventilation complying with the International Building Code shall be permitted.
SECTION 402: LIGHT
402.1 Habitable spaces. Every habitable space shall have not less than one window of approved size facing directly
to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor
area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions
are located less than 3 feet (914 mm) from the window and extend to a level above that of the ceiling of the room,
such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as
contributing to the required minimum total window area for the room.
Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an
adjoining room, the unobstructed opening to the adjoining room shall be not less than 8 percent of the floor
area of the interior room or space, or not less than 25 square feet (2.33m2), whichever is greater. The
exterior glazing area shall be based on the total floor area being served.
402.2 Common halls and stairways. Every common hall
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and stairway in residential occupancies, other than in oneand
two-family dwellings, shall be lighted at all times with
not less than a 60-watt standard incandescent light bulb for
each 200 square feet (19 m2) of floor area or equivalent illumination,
provided that the spacing between lights shall not
be greater than 30 feet (9144 mm). In other than residential
occupancies, interior and exterior means of egress, stairways
shall be illuminated at all times the building space served by
the means of egress is occupied with not less than 1 footcandle
(11 lux) at floors, landings and treads.
402.3 Other spaces. Other spaces shall be provided with natural
or artificial light sufficient to permit the maintenance of
sanitary conditions, and the safe occupancy of the space and
utilization of the appliances, equipment and fixtures.
SECTION 403: VENTILATION
403.1 Habitable spaces. Every habitable space shall have not less than one openable window. The total openable
area of the window in every room shall be equal to not less than 45 percent of the minimum glazed area required in
Section 402.1.
Exception: Where rooms and spaces without openings tothe outdoors are ventilated through an adjoining
room, the unobstructed opening to the adjoining room shall be not less than 8 percent of the floor area of
the interior room or space, but not less than 25 square feet (2.33 m2). The ventilation openings to the
outdoors shall be based on a total floor area being ventilated.
403.2 Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements
for habitable spaces as required by Section 403.1, except that a window shall not be required in such spaces
equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom
or toilet room shall discharge to the outdoors and shall not be recirculated.
403.3 Cooking facilities. Unless approved through the certificate of occupancy, cooking shall not be permitted in
any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in the
rooming unit or dormitory unit.
Exceptions:
1. Where specifically approved in writing by the code official.
2. Devices such as coffee pots and microwave ovens shall not be considered cooking appliances.
403.4 Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a
local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be
exhausted to the exterior and not be recirculated to any space.
403.5 Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be
exhausted outside the structure in accordance with the manufacturer’s instructions.
Exception: Listed and labeled condensing (ductless) clothes dryers.
SECTION 404: OCCUPANCY LIMITATIONS
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404.1 Privacy. Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged
to provide privacy and be separate from other adjoining spaces.
404.2 Minimum room widths. A habitable room, other than a kitchen, shall be not less than 7 feet (2134 mm) in
any plan dimension. Kitchens shall have a minimum clear passageway of 3 feet (914 mm) between counterfronts
and appliances or counter fronts and walls.
404.3 Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and
habitable basement areas shall have a minimum clear ceiling height of 7 feet (2134 mm).
Exceptions:
1. In one- and two-family dwellings, beams or girders spaced not less than 4 feet (1219 mm) on center and
projecting not greater than 6 inches (152 mm) below the required ceiling height.
2. Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation
purposes, having a minimum ceiling height of 6 feet 8 inches (2033 mm) with a minimum clear height of
6 feet 4 inches (1932 mm) under beams, girders,
ducts and similar obstructions.
3. Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all
or part of the room, with a minimum clear ceiling height of 7 feet (2134 mm) over not less than one-third
of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the
floor area with a minimum clear ceiling height of 5 feet (1524 mm) shall be included.
404.4 Bedroom and living room requirements. Every bedroom and living room shall comply with the
requirements of Sections 404.4.1 through 404.4.5.
404.4.1 Room area. Every living room shall contain not less than 120 square feet (11.2 m2) and every
bedroom shall contain not less than 70 square feet (6.5 m2) and every bedroom occupied by more than one
person shall contain not less than 50 square feet (4.6 m2) of floor area for each occupant thereof.
404.4.2 Access from bedrooms. Bedrooms shall not constitute the only means of access to other bedrooms
or habitable spaces and shall not serve as the only means of egress from other habitable spaces.
Exception: Units that contain fewer than two bedrooms.
404.4.3 Water closet accessibility. Every bedroom shall have access to not less than one water closet and
one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access
to not less than one water closet and lavatory located in the same story as the bedroom or an adjacent story.
404.4.4 Prohibited occupancy. Kitchens and non-habitable spaces shall not be used for sleeping purposes.
404.4.5 Other requirements. Bedrooms shall comply with the applicable provisions of this code including,
but not limited to, the light, ventilation, room area, ceiling height and room width requirements of this
chapter; the plumbing facilities and water-heating facilities requirements of Chapter 5; the heating facilities
and electrical receptacle requirements of Chapter 6; and the smoke detector and emergency escape
requirements of Chapter 7.
404.5 Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area
requirements of Table 404.5.
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404.5.1 Sleeping area. The minimum occupancy area required by Table 404.5 shall not be included as a
sleeping area in determining the minimum occupancy area for sleeping purposes. Sleeping areas shall
comply with Section 404.4.
404.5.2 Combined spaces. Combined living room and dining room spaces shall comply with the requirements of
Table 404.5 if the total area is equal to that required for separate rooms and if the space is located so as to function
as a combination living room/dining room.
404.6 Efficiency unit. Nothing in this section shall prohibitan efficiency living unit from meeting the following
requirements:
1. A unit occupied by not more than one occupant shall have a minimum clear floor area of 120 square feet
(11.2 m2). A unit occupied by not more than two occupants shall have a minimum clear floor area of 220
square feet (20.4 m2). A unit occupied by three occupants shall have a minimum clear floor area of 320
square feet (29.7 m2). These required areas shall be exclusive of the areas required by Items 2 and 3.
2. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having
a minimum clear working space of 30 inches (762 mm) in front. Light and ventilation conforming to this
code shall be provided.
3. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or
shower.
4. The maximum number of occupants shall be three.
404.7 Food preparation. Spaces to be occupied for food preparation purposes shall contain suitable space and
equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for
the sanitary disposal of food wastes and refuse, including facilities for temporary storage.
Chapter 5:
Plumbing Facilities and Fixture
Requirements
SECTION 501: GENERAL
501.1 Scope. The provisions of this chapter shall govern the minimum plumbing systems, facilities and plumbing
fixtures to be provided.
501.2 Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing
fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another
person to occupy any structure or premises that does not comply with the requirements of this chapter.
SECTION 502: REQUIRED FACILITIES
502.1 Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and
kitchen sink that shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same
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room as the water closet or located in close proximity to the door leading directly into the room in which such water
closet is located. A kitchen sink shall not be used as a substitute for the required lavatory.
502.2 Rooming houses. Not less than one water closet, lavatory and bathtub or shower shall be supplied for each
four rooming units.
502.3 Hotels. Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and
one bathtub or shower having access from a public hallway shall be provided for each 10 occupants.
502.4 Employees’ facilities. Not less than one water closet, one lavatory and one drinking facility shall be available
to employees.
502.4.1 Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or
disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or
bathrooms.
502.5 Public toilet facilities. Public toilet facilities shall be maintained in a safe, sanitary and working condition in
accordance with the International Plumbing Code. Except for periodic maintenance or cleaning, public access and
use shall be provided to the toilet facilities at all times during occupancy of the premises.
SECTION 503: TOILET ROOMS
503.1 Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a
hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared
bathrooms and toilet rooms in a multiple dwelling.
503.2 Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping
units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or
passageway.
CHAPTER 9.06 - FLOOD DAMAGE PREVENTION
9.0601
Statutory Authorization. The Legislature of the State of South Dakota has in SDCL 9-36 and
7-18-14 delegated the responsibility of local governmental units to adopt regulations designed
to minimize flood losses. Therefore, the City Council of Lennox, SD does ordain as follows:
The City of Lennox elects to comply with the requirements of the National Flood Insurance
Act of 1968 (P.L. 90-488, as amended). The City of Lennox elects to adopt a Floodprone Zone
Map, by reference, to identify areas that are prone to standing water during and after significant
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rain events. The National Flood Insurance Program, established in the aforesaid act, provides
that areas of the City having a special flood hazard be identified by the Federal Emergency
Management Agency and that floodplain management measures be applied in such flood
hazard areas. The National Flood Insurance Program was broadened and modified with the
passage of the Flood Disaster Protection Act of 1973 and other legislative measures. It was
further modified by the National Flood Insurance Reform Act of 1994. The National Flood
Insurance Program is administered by the Federal Emergency Management Agency, a
component of the U.S. Department of Homeland Security.
9.0602
Finding of Fact.
A. The flood hazard areas of the City are subject to periodic inundation which results in loss
of life and property, health and safety hazards, disruption of commerce and governmental
services, and extraordinary public expenditures for flood protection and relief, all of which
adversely affect the public health, safety and general welfare.
B. These flood losses are created by the cumulative effect of obstructions in floodplains which
cause an increase in flood heights and velocities, and by the occupancy of flood hazards
areas by uses vulnerable to floods and hazardous to other lands because they are
inadequately elevated, floodproofed or otherwise protected from flood damage.
9.0603
Statement of Purpose. It is the purpose of this ordinance to promote the public health, safety
and general welfare, and to minimize public and private losses due to flood conditions in
specific areas by provisions designed to:
A. Protect human life and health;
B. Minimize expenditure of public money for costly flood control projects;
C. Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges located in floodplains;
F. Help maintain a stable tax base by providing for the sound use and development of
floodprone areas in such a manner as to minimize future flood blight areas; and
G. Insure that potential buyers are notified that property is in a flood area.
9.0604
Methods of Reducing Flood Losses. In order to accomplish its purposes, this Ordinance uses
the following methods:
A. Restrict or prohibit uses that are dangerous to health, safety or property in times of flood,
or cause excessive increases in flood heights or velocities;
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B. Require that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
C. Control the alteration of natural floodplains, stream channels, and natural protective
barriers, which are involved in the accommodation of flood waters;
D. Control filling, grading, dredging and other development which may increase flood
damage; and
E. Prevent or regulate the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards to other lands.
9.0605
Definitions. Unless specifically defined below, words or phrases used in this Ordinance shall
be interpreted to give them the meaning they have in common usage and to give this Ordinance
its’ most reasonable application.
Area of future-conditions flood hazard means the land area that would be inundated by the 1percent-annual-chance (100-year) flood based on future-conditions hydrology.
Area of shallow flooding means a designated AO, AH, AR/AO, or VO zone on a city’s Flood
Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average
depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding
is unpredictable, and where velocity flow may be evident. Such flooding is characterized by
ponding or sheet flow.
Area of special flood-related erosion hazard is the land within a city which is most likely to
be subject to severe flood-related erosion losses. The area may be designated as Zone E on the
Flood Hazard Boundary Map (FHBM). After the detailed evaluation of the special floodrelated erosion hazard area; in preparation for publication of the FIRM, Zone E may be further
refined.
Area of special flood hazard is the land in the flood plain within a city subject to a 1 percent
or greater chance of flooding in any given year. The area may be designated as Zone A on the
FHBM. After detailed ratemaking has been completed in preparation for publication of the
flood insurance rate map, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99,
AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, or V1-30, VE, or V. For purposes of
these regulations, the term “special flood hazard area” is synonymous in meaning with the
phrase “area of special flood hazard”.
Base flood means the flood having a one percent chance of being equaled or exceeded in any
given year.
Base Flood Elevation (BFE) – Is the water surface elevation of the one (1) percent annual
chance flood. The height in relation to mean sea level expected to be reached by the waters of
the base flood at pertinent points in the floodplains of coastal and riverine areas.
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Basement means any area of the building having its floor subgrade (below ground level) on all
sides.
Breakaway wall means a wall that is not part of the structural support of the building and is
intended through its design and construction to collapse under specific lateral loading forces,
without causing damage to the elevated portion of the building or supporting foundation
system.
Building - see structure.
Conditional Letter of Map Revision means FEMA’s comment on a proposed project that
would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source
and thus result in the modification of the existing regulatory floodway, the effective Base Flood
Elevations, or the Special Flood Hazard Area. The letter does not revise an effective map; it
indicates whether the project, if built as proposed, would be recognized by FEMA.
Development means any man-made change to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations or storage of equipment or materials.
Erosion means the process of the gradual wearing away of land masses. This peril is not per
se covered under the Program.
Existing construction means for the purposes of determining rates, structures for which the
“start of construction” commenced before the effective date of the FIRM or before January 1,
1975, for FIRMs effective before that date. “Existing construction” may also be referred to as
“existing structures.”
Existing manufactured home park or subdivision means a manufactured home park or
subdivision for which the construction of facilities for serving the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is
completed before the effective date of the floodplain management regulations adopted by a
city.
Existing structures - see existing construction.
Expansion to an existing manufactured home park or subdivision means the preparation of
additional sites by the construction of facilities for serving the lots on which the manufacturing
homes are to be affixed (including the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads).
Flood or Flooding means:
1. A general and temporary condition of partial or complete inundation of normally dry land
areas from:
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a. The overflow of inland or tidal waters.
b. The unusual and rapid accumulation or runoff of surface waters from any source.
c. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in
paragraph (1)(b) of this definition and are akin to a river of liquid and flowing mud on
the surfaces of normally dry land areas, as when earth is carried by a current of water
and deposited along the path of the current.
2. The collapse or subsidence of land along the shore of a lake or other body of water as a
result of erosion or undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high water level in a natural
body of water, accompanied by a severe storm, or by an unanticipated force of nature, such
as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable
event which results in flooding as defined in paragraph (1)(a) of this definition.
Flood elevation determination means a determination by the Administrator of the water
surface elevations of the base flood, that is, the flood level that has a one percent or greater
chance of occurrence in any given year.
Flood Insurance Rate Map (FIRM) means any official map of a city, on which the
Administrator has delineated both the special hazard areas and the risk premium zones
applicable to the city.
Flood Insurance Study or Flood elevation study means an examination, evaluation and
determination of flood hazards and, if appropriate, corresponding water surface elevations, or
an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related
erosion hazards.
Flood plain or flood-prone area means any land area susceptible to being inundated by water
from any source (see definition of “flooding”).
Floodprone Zone Map means a map, by reference, developed by historical data from the
Lincoln County Geographical Information Systems (GIS) database. The map shall be updated
at a minimum of every two years, earlier if land is annexed into the City of Lennox. The map
shall serve as an instrument to determine a special flood hazard. Land in the map area does not
require federal flood insurance.
Flood proofing means any combination of structural and non-structural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved
real property, water and sanitary facilities, structures and their contents.
Floodway - see regulatory floodway.
Floodway encroachment lines mean the lines marking the limits of floodways on Federal,
State and local flood plain maps.
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Freeboard means a factor of safety usually expressed in feet above a flood level for purposes
of flood plain management. “Freeboard” tends to compensate for the many unknown factors
that could contribute to flood heights greater than the height calculated for a selected size flood
and floodway conditions, such as wave action, bridge openings, and the hydrological effect of
urbanization of the watershed.
Functionally dependent use means a use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes only docking facilities,
port facilities that are necessary for the loading and unloading of cargo or passengers, and ship
building and ship repair facilities, but does not include long-term storage or related
manufacturing facilities.
Highest adjacent grade means the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
Historic Structure means any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places in states with historic reservation
programs which have been approved by the Secretary of the Interior; or
4. Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
a. By an approved state program as determined by the Secretary of the Interior; or
b. Directly by the Secretary of the Interior in states without approved programs.
Letter of Map Amendment means an official amendment, by letter, to an effective map. A
LOMA establishes a property’s location in relation to the Special Flood Hazard Area and are
usually issued because a property has been inadvertently mapped as being in the floodplain,
but is actually on natural high ground above the base flood elevation.
Letter of Map Revision means FEMA’s modification to an effective Flood Insurance Rate
Map, or Flood Boundary and Floodway Map, or both. LOMRs are generally based on the
implementation of physical measures that affect the hydrologic or hydraulic characteristics of
a flooding source and thus result in the modification of the existing regulatory floodway, the
effective Base Flood Elevations, or the Special Flood Hazard Area.
Letter of Map Revision Based on Fill means FEMA’s modification of the Special Flood
Hazard Area shown on the Flood Insurance Rate Map based on the placement of fill outside
the existing regulatory floodway.
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Levee means a man-made structure usually an earthen embankment, designed and constructed
in accordance with sound engineering practices to contain, control, or divert the flow of water
so as to provide protection from temporary flooding.
Levee System means a flood protection system which consists of a levee, or levees, and
associated structures, such as closure and drainage devices, which are constructed and operated
in accordance with sound engineering practices.
Lowest Floor means the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access
or storage in an area other than a basement area is not considered a building’s lowest floor;
Provided, that such enclosure is not built so as to render the structure in violation of the
applicable non-elevation design requirements of Sec. 60.3 of the National Flood Insurance
Program regulations.
Manufactured home means a structure, transportable in one or more sections, which is built
on a permanent chassis and is designed for use with or without a permanent foundation when
attached to the required utilities. The term "manufactured home" does not include a
"recreational vehicle”.
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
Map means the Flood Hazard Boundary Map (FHBM) or the Flood Insurance Rate Map
(FIRM) for a city issued by the Agency.
Mean sea level means, for purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations
shown on a city’s Flood Insurance Rate Map are referenced.
New construction means, for the purposes of determining insurance rates, structures for which
the “start of construction” commenced on or after the effective date of an initial FIRM or after
December 31, 1974, whichever is later, and includes any subsequent improvements to such
structures. For floodplain management purposes, new construction means structures for which
the start of construction commenced on or after the effective date of a floodplain management
regulation adopted by a city and includes any subsequent improvements to such structures.
New manufactured home park or subdivision means a manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads) is completed on or after the
effective date of floodplain management regulations adopted by a city.
Recreational vehicle means a vehicle which is:
1. Built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal projection;
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3. Designed to be self-propelled or permanently towable by a light duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.
Regulatory floodway means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation more than a designated height.
Special flood hazard area: see “area of special flood hazard”.
Special hazard area means an area having special flood, mudslide (i.e., mudflow), or floodrelated erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, AR,
AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, A99, AH, VO, V1-30, VE, V, M, or E.
Start of Construction (for other than new construction or substantial improvements under the
Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement, and means
the date the building permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, additional placement, or other improvement was within 180 days
of the permit date. The actual start means either the first placement of permanent construction
of a structure on a site, such as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation on the property of
accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the
main structure. For a substantial improvement, the actual start of construction means the first
alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
Structure means, for floodplain management purposes, a walled and roofed building, including
a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
Structure, for insurance purposes, means:
1. A building with two or more outside rigid walls and a fully secured roof, that is affixed to
a permanent site;
2. A manufactured home (“a manufactured home,” also known as a mobile home, is a
structure: built on a permanent chassis, transported to its site in one or more sections, and
affixed to a permanent foundation); or
3. A travel trailer without wheels built on a chassis and affixed to a permanent foundation,
that is regulated under the city’s floodplain management and building ordinances or laws.
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For the latter purpose, “structure” does not mean a recreational vehicle or a park trailer or other
similar vehicle, except as described in paragraph (3) of this definition, or a gas or liquid storage
tank.
Substantial damage means damage of any origin sustained by a structure whereby the cost of
restoring the structure to it’s before damaged condition would equal or exceed 50 percent of
the market value of the structure before the damage occurred.
Substantial Improvement means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value
of the structure before the "start of construction” of the improvement. This term includes
structures which have incurred “substantial damage”, regardless of the actual repair work
performed. The term does not, however, include either:
1. Any project for improvement of a structure to correct existing violations of state or local
health, sanitary, or safety code specifications which have been identified by the local code
enforcement official and which are the minimum necessary to assure safe living conditions
or
2. Any alteration of a “historic structure”, provided that the alteration will not preclude the
structure's continued designation as a “historic structure.”
Variance means a grant of relief by a city from the terms of a flood plain management
regulation.
Violation means the failure of a structure or other development to be fully compliant with the
city’s floor plain management regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence of compliance required in Sec.
60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) of the National Flood Insurance
Program regulations is presumed to be in violation until such time as that documentation is
provided.
Water surface elevation means the height, in relation to the National Geodetic Vertical Datum
(NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and
frequencies in the flood plains of coastal or riverine areas.
9.0606
General Provisions.
A. Lands to Which this Ordinance Applies. The Ordinance shall apply to all areas of special
flood hazard within the jurisdiction of the City of Lennox.
B. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard
identified by the Federal Emergency Management Agency in a scientific and engineering
report entitled, “The Flood Insurance Study for Lincoln County, SD and Incorporated
Areas,” dated April 2, 2008, with accompanying Flood Insurance Rate Maps and Flood
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Boundary-Floodway Maps (FIRM AND FBFM) and any revisions thereto are hereby
adopted by reference and declared to be a part of this Ordinance.
C. Establishment of Development Permit. A Development Permit shall be required to ensure
conformance with the provisions of this Ordinance.
D. Compliance. No structure or land shall hereafter be located, altered, or have its use changed
without full compliance with the terms of this Ordinance and other applicable regulations.
E. Abrogation and Greater Restrictions. This Ordinance is not intended to repeal, abrogate, or
impair any existing easements, covenants, or deed restrictions. However, where this
Ordinance and another ordinance, easement, covenant, or deed restriction conflict or
overlap, whichever imposes the more stringent restrictions shall prevail.
F. Interpretation. In the interpretation and application of this Ordinance, all provisions shall
be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under state statutes.
G. Warning and Disclaimer or Liability. The degree of flood protection required by this
Ordinance is considered reasonable for regulatory purposes and is based on scientific and
engineering considerations. On rare occasions greater floods can and will occur and flood
heights may be increased by man-made or natural causes.
This Ordinance does not imply that land outside the areas of special flood hazards or uses
permitted within such areas will be free from flooding or flood damages. This Ordinance
shall not create liability on the part of the City or any official or employee thereof for any
flood damages that result from reliance on this Ordinance or any administrative decision
lawfully made thereunder.
9.0607
H. Severability. If any section, provision, or portion of this Ordinance is adjudged
unconstitutional or invalid by a court, the remainder of the Ordinance shall not be affected.
Administration.
A. Designation of the Floodplain Administrator. The City of Lennox City Administrator is
hereby appointed the Floodplain Administrator to administer and implement the provisions
of this Ordinance and other appropriate sections of 44 CFR (National Flood Insurance
Program Regulations) pertaining to floodplain management.
B. Duties and Responsibilities of the Floodplain Administrator. Duties and responsibilities of
the Floodplain Administrator shall include, but not be limited to, the following:
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1. Maintain and hold open for public inspection all records pertaining to the provisions
of this Ordinance.
2. Review permit application to determine whether proposed building site, including the
placement of manufactured homes, will be reasonably safe from flooding.
3. Review, approve or deny all applications for development permits required by adoption
of this Ordinance.
4. Review permits for proposed development to assure that all necessary permits have
been obtained from those Federal, State or local governmental agencies (including
Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33
U.S.C. 1334) from which prior approval is required.
5. Where interpretation is needed as to the exact location of the boundaries of the areas
of special flood hazards (for example, where there appears to be a conflict between a
mapped boundary and actual field conditions) the Floodplain Administrator shall make
the necessary interpretation.
6. Notify, in riverine situations, adjacent communities and the State Coordinating Agency
which is the South Dakota Office of Emergency Management (OEM), prior to any
alteration or relocation of a watercourse, and submit evidence of such notification to
the Federal Emergency Management Agency.
7. Assure that the flood carrying capacity within the altered or relocated portion of any
watercourse is maintained.
8. When base flood elevation data has not been provided in accordance with Section
9.0606(B), the Floodplain Administrator shall obtain, review and reasonably utilize
any base flood elevation data and floodway data available from a Federal, State or
other source, in order to administer the provisions of Section 9.0608.
C. Permit Procedures. Application for a Development Permit shall be presented to the
Floodplain Administrator on forms furnished by him/her and may include, but not be
limited to, plans in duplicate drawn to scale showing the location, dimensions, and
elevation of proposed landscape alterations, existing and proposed structures, including the
placement of manufactured homes, and the location of the foregoing in relation to areas of
special flood hazard. Additionally, the following information is required:
1. Elevation (in relation to mean sea level), of the lowest floor (including basement) of
all new and substantially improved structures;
2. Elevation in relation to mean sea level to which any nonresidential structure shall be
floodproofed;
3. A certificate from a registered professional engineer or architect that the nonresidential
floodproofed structure shall meet the floodproofing criteria of Section 9.0608(B)(2);
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4. Description of the extent to which any watercourse or natural drainage will be altered
or relocated as a result of proposed development; and
5. Maintain a record of all such information in accordance with Section 9.0607(B)(1).
Approval or denial of a Development Permit by the Floodplain Administrator shall be based
on all of the provisions of this Ordinance and the following relevant factors:
1. The danger to life and property due to flooding or erosion damage;
2. The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
3. The danger that materials may be swept onto other lands to the injury of others;
4. The compatibility of the proposed use with existing and anticipated development;
5. The safety of access to the property in times of flood for ordinary and emergency
vehicles;
6. The costs of providing governmental services during and after flood conditions
including maintenance and repair of streets and bridges, and public utilities and
facilities such as sewer, gas, electrical and water systems;
7. The expected heights, velocity, duration, rate of rise and sediment transport of the flood
waters and the effects of wave action, if applicable, expected at the site;
8. The necessity to the facility of a waterfront location, where applicable;
9. The availability of alternative locations, not subject to flooding or erosion damage, for
the proposed use; and
10. The relationship of the proposed use to the comprehensive plan for that area.
D. Variance Procedures.
1. The Lennox City Council shall act as the Appeal Board to hear and render judgment
on requests for variances from the requirements of this Ordinance.
2. The Appeal Board shall hear and render judgment on any appeal only when it is alleged
there is an error in any requirement, decision, or determination made by the Floodplain
Administrator in the enforcement or administration of this Ordinance.
3. Any person or persons aggrieved by the decision of the Appeal Board may appeal such
decision in the courts of competent jurisdiction.
4. The Floodplain Administration shall maintain a record of all actions involving an
appeal and shall report variances to the Federal Emergency Management Agency and
the State Office of Emergency Management upon issuing a variance.
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5. Variances may be issued for new construction and substantial improvements to be
erected on a lot of one-half acre or less in size contiguous to and surrounded by lots
with existing structures constructed below the base flood level, providing the relevant
factors in Section 9.0607(C)(2) have been fully considered. As the lot size increases
beyond the one-half acre, the technical justification required for issuing the variance
increases.
6. Upon consideration of the factors noted above and the intent of this Ordinance, the
Appeal Board may attach such conditions to the granting of variances as it deems
necessary to further the purpose and objectives of this Ordinance (Section 9.0603).
7. Variances shall not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
8. Variances may be issued for the repair or rehabilitation of historic structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure’s
continued designation as a historic structure and the variance is the minimum necessary
to preserve the historic character and design of the structure.
9. Prerequisites for granting variances:
a. Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
b. Variances shall only be issued upon:
i.
Showing a good and sufficient cause;
ii. A determination that failure to grant the variance would result in exceptional
hardship to the applicant, and
iii. A determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public expense,
create nuisances, cause fraud on or victimization of the public, or conflict with
existing local laws or ordinances.
c. Any application to whom a variance is granted shall be given written notice that
the structure will be permitted to be built with the lowest floor elevation below the
base flood elevation, and that the cost of flood insurance will be commensurate
with the increased risk resulting from the reduced lowest floor elevation.
10. Variances may be issued by a city for new construction and substantial improvements
and for other development necessary for the conduct of a functionally dependent use
provided that:
a. the criteria outlined in Section 9.0607(D)(1)-(9) are met, and
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b. the structure or other development is protected by methods that minimize flood
damages during the base flood and create no additional threats to public safety.
9.0608
Provisions for Flood Hazard Reduction.
A. General Standards. In all areas of special flood hazards the following provisions are
required for all new construction and substantial improvements:
1. All new construction or substantial improvements shall be designed (or modified) and
adequately anchored to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
2. All new construction or substantial improvements shall be constructed by methods and
practices that minimize flood damage;
3. All new construction or substantial improvements shall be constructed with materials
resistant to flood damage;
4. All new construction or substantial improvements shall be constructed with electrical,
heating, ventilation, plumbing, and air conditioning equipment and other service
facilities that are designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding;
5. All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system;
6. New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the system and discharge from the systems
into flood waters; and,
7. On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
B. Specific Standards. In all areas of special flood hazards where base flood elevation data
has been provided as set forth in (i) Section 9.0606(B), (ii) Section 9.0607(B)(8), or (iii)
Section 9.0608(C)(3), the following provisions are required:
1. Residential Construction – new construction and substantial improvement of any
residential structure shall have the lowest floor (including basement), elevated to one
foot above the base flood elevation. A registered professional engineer, architect, or
land surveyor shall submit a certification to the Floodplain Administrator that the
standards of this Ordinance are satisfied.
2. Nonresidential Construction – new construction and substantial improvements of any
commercial, industrial or other nonresidential structure shall either have the lowest
floor (including basement) elevated to one foot above the base flood level or together
with attendant utility and sanitary facilities, be designed so that below the base flood
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level the structure is watertight with walls substantially impermeable to the passage of
water and with structural components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. A registered professional engineer or
architect shall develop and/or review structural design, specifications, and plans for the
construction, and shall certify that the design and methods of construction are in
accordance with accepted standards of practice as outlined in this subsection. A record
of such certification which includes the specific elevation (in relation to mean sea
level) to which such structures are floodproofed shall be maintained by the Floodplain
Administrator.
3. Manufactured Homes – Require that all manufactured homes to be placed within Zone
A on a city’s FHBM or FIRM shall be installed using methods and practices which
minimize flood damage. For the purposes of this requirement, manufactured homes
must be elevated and anchored to resist flotation, collapse, or lateral movement.
Methods of anchoring may include, but are not limited to, use of over-the-top or frame
ties to ground anchors. This requirement is in addition to applicable State and local
anchoring requirements for resisting wind forces.
C. Standards for Subdivision Proposals.
1. All subdivision proposals including the placement of manufactured home parks and
subdivisions shall be consistent with Sections 9.0602, 9.0603, and 9.0604 of this
Ordinance.
2. All proposals for the development of subdivisions including the placement of
manufactured home parks and subdivisions shall meet Development Permit
requirements Section 9.0606(C); Section 9.0607(C); and the provisions of Section
9.0608 of this Ordinance.
3. Base flood elevation data shall be generated for subdivision proposals and other
proposed development including the placement of manufactured home parks and
subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not
otherwise provided pursuant to Section 9.0606(B) or Section 9.0607(B)(8) of this
Ordinance.
4. All subdivision proposals including the placement of manufactured home parks and
subdivisions shall have adequate drainage provided to reduce exposure to flood
hazards.
5. All subdivision proposals including the placement of manufactured home parks and
subdivisions shall have public utilities and facilities such as sewer, gas, electrical and
water systems located and constructed to minimize or eliminate flood damage.
D. Floodways. Floodways located within areas of special flood hazard established in Section
9.0606, are extremely hazardous areas due to the velocity of flood waters which carry
debris, potential projectiles and erosion potential, the following provisions shall apply:
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1. Designate a regulatory floodway which will not increase the Base Flood level more
than 1 foot.
2. Encroachments are prohibited, including fill, new construction, substantial
improvements and other development within the adopted regulatory floodway unless
it has been demonstrated through hydrologic and hydraulic analyses performed in
accordance with standard engineering practice that the proposed encroachment would
not result in any increase in flood levels within the city during the occurrence of the
base flood discharge.
3. All new construction and substantial improvements shall comply with all applicable
flood hazard reduction provisions of Section 9.0608 in this Ordinance.
4. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood
Insurance Regulations, a city may permit encroachments within the adopted regulatory
floodway that would result in an increase in base flood elevations, provided that the
city first applies for a conditional FIRM and floodway revision through FEMA.
E. Penalties for Noncompliance. No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the terms of this Ordinance
and other applicable regulations. Violation of the provisions of this Ordinance by failure
to comply with any of its requirements (including violations of conditions and safeguards
established in connection with conditions) shall be punishable by a fine of $500.00, by
imprisonment not exceeding thirty days, or by both the fine and imprisonment. Each and
every day of the continued violation may constitute a separate offense. In addition to any
fine and imprisonment for each violation, violators shall pay all costs and expenses
involved in the case. Nothing herein contained shall prevent the City of Lennox from
taking such other lawful action as is necessary to prevent or remedy any violation.
CHAPTER 9.07 - URBAN AND RURAL SERVICE DISTRICTS
9.0701
Service Districts Established. Pursuant to the authority granted in SDCL Ch. 9-21A, the City
is hereby divided in area into an urban service district and a rural service district constituting
separate taxing districts for the purpose of levying all city ad valorem property taxes, except
those levied for the payment of bonds.
9.0702
Rural Service District - Criteria for Lands Included. The rural service district shall include
only such platted or unplatted lands as in the judgment of the City Council are rural in
character, are used or usable for agriculture, and are not developed for commercial, industrial
or urban residential purposes. The rural service district may include lands which are not
contiguous to one another.
9.0703
Lands Described--Rural Service District. The rural service district shall consist of those
platted or unplatted lands described in Exhibit A, on file with the Lennox Finance Officer’s
office, entitled “Lands Included in the Rural Service District” and attached to the end of this
Chapter and made a part of this Section, all of which lands are rural in character, are used or
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usable for agriculture, and are not developed for commercial, industrial or urban residential
purposes and for these reasons are not benefited to the same degree as other lands by
municipal services financed by general taxation.
The rural service district shall also include lands outside the municipality, if annexed into the
corporate limits, which are rural in character, are used or usable for agriculture, and are not
developed for commercial, industrial or urban residential purposes.
9.0704
Lands Included in Urban Service District. The urban service district shall include all lands
within the boundaries of the City which are not included in the rural service district.
9.0705
Agricultural Land Annexed; Limitation on Mill Levy and Assessed Value. The tax levy and
assessed value on the agricultural land annexed shall not exceed the average tax levy and
average assessed value on unannexed agricultural land in adjoining townships in the county
so long as the annexed land remains rural property and is included in the rural service district.
9.0706
Platting or Construction in Rural District. Whenever any parcel of land included within the
rural service district:
A.
Is platted in whole or in part;
B.
Is the subject of an application for a permit for the construction of a commercial,
industrial or urban residential development or improvement to be situated on such
parcel or any part thereof; or
C.
Otherwise fails to meet the criteria as set forth in Section 9.0703 of this Chapter.
The board or officer of the City approving such plat or building permit or having
knowledge of the change in circumstances shall report the change to the City Council
which shall make and enter an order transferring such parcel from the rural service
district to the urban service district.
9.0707
Filing Ordinance Amendment or Order with County Auditor. The Lennox Finance Officer is
hereby directed to file with the Lincoln County Auditor a certified copy of the Ordinance
codified in this Chapter, every amendment thereto and every order adopted or entered
pursuant to such Ordinance
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Exhibit A
Exhibit A
PARCEL
LEGAL DESCRIPTION
Tract One (1) of Countryside Addition to the South Half of
the Southeast Quarter (S1/2SE1/4) of Section 29, Township 99
North, Range 51 West of the 5th P.M., Lincoln County, South
250.82.00.A100 Dakota.
Tract 2 of Countryside Addition to the Southeast Quarter
(SE1/4) of Section 29, Township 99 North, Range 51 West of
250.82.00.A200 the 5th P.M., Lincoln County, South Dakota
The Southeast Quarter (SE 1/4), except 2.51 acres,(know as
Lot H-1) of Section Five (5), Township Ninety-Eight (98),
250.40.05.4000 Range Fifty-One (51), Lincoln County, South Dakota
(Ordinance #619, February 2021)
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TITLE 10 - TAXATION
[UNIFORM MUNICIPAL NON-AD VALOREM TAX LAW SDCL 10-52]
[USE TAX SDCL 10-46]
Chapter 10.01 - Municipal Sales and Service Tax and
Use Tax
Chapter 10.02 - Reduced Valuation for Tax Purposes
Chapter 10.03 - Gross Receipts Tax
CHAPTER 10.01 - MUNICIPAL SALES AND SERVICE TAX AND USE TAX
10.0101
Purpose. The purpose of this Chapter is to provide additional needed revenue for the City of
Lennox, Lincoln 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 1052 entitled Uniform Municipal Non-Ad Valorem Tax Law, and acts amendatory thereto.
10.0102
Effective Date and Enactment of Tax. From and after the first day of January, 2004, there is
hereby imposed as a municipal retail occupational sales and service tax upon the privilege of
engaging in business a tax measured by two percent (2%) on the gross receipts of all persons
engaged in business within the jurisdiction of the City of Lennox, Lincoln County, South
Dakota, who are subject to the South Dakota Retail Occupational Sales and Service Tax, SDCL
10-45 and acts amendatory thereto.
10.0103
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 the first of January, 2004, 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.
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10.0104
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 and
Regulation 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 and Regulation of
the State of South Dakota shall lawfully prescribe.
10.0105
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 hereto, and that this shall be
considered a similar tax except for the rate thereof to that tax.
10.0106
Use of Revenue. One-half (1/2) of the amount of tax received by the City shall be placed in a
fund designed as the Lennox Sales and Use Tax Capital Improvements Fund pursuant to SDCL
9-22. Such revenues may be used only for capital improvement, land acquisition, funding of
public ambulances and medical emergency response vehicles, public hospitals or nonprofit
hospitals with fifty or fewer licensed beds, other public health care facilities with fifty or fewer
licensed beds, the transfer to the special 911 fund authorized by 34-45-12, the purchasing 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.
10.0107
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 Class 2 misdemeanor. 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 and Regulation.
10.0108
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
ordinance and applicability thereof to other persons or circumstances shall not be affected
thereby.
CHAPTER 10.02 - REDUCED VALUATION FOR TAX PURPOSES
10.0201
Structure Types Eligible . Within the corporate limits of the City, or within three (3) miles of
the corporate limits of the City:
10.0201(A) Industrial & Commercial new structures, additions, renovations, or reconstruction
over $30,000 are eligible under SDCL 10-6-35.2(2)
10.0201(B) Agricultural (non-residential) new structures or additions over $30,000 are eligible
under SDCL 10-6-35.2(3)
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10.0202
Classification of Property. All real property qualifying under this section, as determined by
the Lincoln County Assessor, shall be classified in the manner prescribed in this chapter.
10.0203
Taxable Value Formula. Such structures or additions shall, following construction, be valued
for taxation purposes in the usual manner as provided by law, except the following formula for
taxable value shall be used for tax purposes: (SDCL 13-13-20.4)
A. The first year following construction, twenty percent (20%) of the taxable value shall be
used for tax purposes on such property.
B. The second year following construction, forty percent (40%) of the taxable value shall be
used for tax purposes on such property.
C. The third year following construction, sixty percent (60%) of the taxable value shall be
used for tax purposes on such property.
D. The fourth year following construction, eighty percent (80%) of the taxable value shall be
used for tax purposes on such property.
E. The fifth year following construction, and each year thereafter, one hundred percent
(100%) of the taxable value shall be used for tax purposes on such property.
CHAPTER 10.03 – GROSS RECEIPTS TAX
10.0301
Purpose. The purpose of this Chapter is to provide additional needed revenue for the
Municipality of Lennox, Lincoln County, South Dakota, by imposing a municipal gross
receipts tax pursuant to the powers granted to the municipality by the State of South Dakota,
by SDCL 10-52A, and acts amendatory thereto.
10.0302
Effective Date and Enactment of Tax. From and after the first day of July, 2014, there is hereby
imposed a municipal gross receipts tax of One Percent (1%) upon the gross receipts from the
sale of leases or rentals of hotel, motel, campsites or other lodging accommodations within the
municipality for periods of less than twenty-eight (28) consecutive days, the sale of alcoholic
beverages as defined in SDCL 35-1-1, establishments where the public is invited to eat, dine
or purchase and carry out prepared food for immediate consumption, and ticket sales or
admissions to places of amusement, athletic and cultural events. The tax applies to the gross
receipts of all persons engaged in business within the jurisdiction of the Municipality of
Lennox, Lincoln County, South Dakota, who are subject to the South Dakota Retail
Occupational Sales and Service Tax, SDCL 10-45 and acts amendatory thereto.
10.0303
Collection. Such tax is levied pursuant to authorization granted by SDCL 10-52A and acts
amendatory thereto, and shall be collected by the South Dakota Department of Revenue and
Regulation 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.
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10.0304
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 Tax, SDCL 10-45 and acts amendatory thereto,
and that this shall be considered a similar tax except for the rate thereof to that tax.
10.0305
Use of Revenue. Any revenues received under this Chapter may be used only for the purpose
of land acquisition, architectural fees, construction costs, payment for civic center, auditoriums
or athletic facility buildings, including the maintenance, staffing and operations of such
facilities, and the promotion and advertising of the municipality, its facilities, attractions and
activities.
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TITLE 11 - GENERAL PROVISIONS
[ORDINANCES AND RESOLUTIONS SDCL 9-19]
Chapter 11.01 - Penalties and Repealing Clause
CHAPTER 11.01 - PENALTIES AND REPEALING CLAUSE
11.0101
Penalty in General. Except in cases where a different or additional penalty is imposed by this
ordinance or by some existing provision of law, every violation of any of the provisions of this
ordinance shall be punishable by a fine not to exceed the fine established by SDCL 22-6-2(2).
Each day in which a violation of this Code or other ordinance continues shall constitute a
separate offense. (SDCL 9-19-3)
11.0102
Conflicting Ordinances Repealed. All former ordinances or parts of former ordinances in
conflict with the provisions of this ordinance or relating to the subject matter of this ordinance,
except as stated in this chapter, are hereby repealed; provided however, that nothing herein
shall be construed as repealing any special ordinances, appropriation ordinances, franchise
ordinances establishing fees and charges, levy ordinances for the issuance of bonds, or special
ordinances of like character, nor shall this ordinance repeal or modify the provisions of any
zoning ordinances or any other ordinances requiring a special method of adoption, nor shall
this ordinance repeal or modify the provisions of any resolution heretofore adopted by the City
of Lennox unless the provisions of this ordinance either modify, repeal, or amend such
resolution; and all such ordinances and resolutions shall remain in full force and effect.
11.0103
Unconstitutionality. Should any section, paragraph, sentence, clause or phrase of this
ordinance be declared unconstitutional or invalid for any reason, the remainder of this
ordinance shall not be affected thereby.
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TITLE 12 - MANUFACTURED HOMES
Chapter 12.01 - General Provisions
Chapter 12.02 - License
Chapter 12.03 - Permits and Inspections
Chapter 12.04 - Park Standards
Chapter 12.05 - Violations and Penalties
CHAPTER 12.01 - GENERAL PROVISIONS
12.0101
Purpose. The purpose of terms and conditions of this ordinance is to promote the health, safety
and welfare of the inhabitants of the city through the regulation of the location, planning,
design, layout, construction, and operation of this licensed manufactured home park and
manufactured homes placement and use therein.
12.0102
Definitions. The following words, terms and phrases, when use herein, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
A. "Administration” - the Lennox City Administrator.
B. "Board" - the Lennox Planning and Zoning Commission.
C. "Cabana" - a factory-built room enclosure erected or constructed attached to a
manufactured home for residential use by the occupants of a manufactured home.
D. "Codes" - any codes or other regulations that the city council or its departments have
adopted which include, but are not limited to, the fire code, health code, building code,
plumbing code, heating code and electrical code. Such codes will be controlling when
work is to be done in a given area where such code is applicable.
E. "Detached accessory building" - an incidental freestanding building located on the same
lot which it serves and used solely for storage of personal equipment and possessions of
the manufactured home occupants.
F. "License" - a licensed manufactured home park operator's license.
G. "Licensee" - the person to whom a manufactured home park license has been granted.
H. "Licensing entity" - the City of Lennox Council.
I.
"Manufactured home” - a dwelling unit which is fabricated in one or more sections at a
location other than the home site by assembly line-type production techniques or by other
construction methods unique to an off-site manufacturing process. A manufactured home
is designed to be towed on it own chassis or be site delivered by alternative means, and is
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not typically placed upon a permanent foundation. Every section shall bear a label
certifying that it is built in compliance with the Federal Manufactured Home Construction
and Safety Standards. For manufactured homes built prior to June 15, 1976, a label
certifying compliance to the Standard for Manufactured Homes, NFPA 501, ANSI 119.1,
in effect at the time of manufacture is required.
J. "Manufactured home park, licensed" - a contiguous parcel of land, under the same
ownership, where lots are rented for the temporary placement of manufactured homes, with
all necessary facilities and services, and is licensed by the City.
K. "Manufactured home space" - a parcel of land designated and approved for the placement
of a single manufactured home.
L. "Park occupant''- a person living in a manufactured home located in a licensed
manufactured home park.
M. "Park operator" - the person to whom a manufactured home park license has been issued
or who is managing the licensed manufactured home park for someone who has been issued
a license.
N. "Required yard" -a yard of a manufactured home as set out in City Ordinances and/or City
Zoning Ordinances.
O. "Service building" - an accessory building to a license manufactured home part for related
services.
P. "Service equipment" - the plumbing, mechanical and electrical equipment including
piping, wiring, fixtures and other accessories which provide sanitation, lighting, heating,
ventilation, cooling, refrigeration, fire protection, and facilities essential for the habitable
occupancy of a manufactured home or accessory building or structure for its designated
use and occupancy.
Q. "Utilities" - water and sewer, gas or electrical distribution system which is available for
connection to manufactured homes in a licensed manufactured home park.
R. "Yard" - an open space, other than a court on a lot, unoccupied and unobstructed from the
ground upward, except as otherwise provided herein.
S. "Zoning ordinance" - the revised zoning ordinances of the City of Lennox.
CHAPTER 12.02 - LICENSE
12.0201
Duty of licensee and occupants.
A. Responsibility of licensee.
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1. The manufactured home park licensee will operate the park in strict compliance with
the provisions of this ordinance and the zoning ordinances, including the Building
Code and Property Maintenance Code, and will provide adequate supervision to
maintain the park, its related facilities, roadways, drainage ways, walkways, open
spaces, utilities and equipment in good repair and in a clean and sanitary condition.
2. The licensee will be responsible for verifying and certifying that all manufactured
homes placed in the park meet or exceed the property maintenance code.
3. The licensee will be responsible to verify that all manufactured homes hereinafter
located in a licensed manufactured home park shall be provided with a HUD approved
tie-down system.
4. The licensee will also be responsible to see that all plumbing, heating, and electrical
connections, alterations and additions comply with the provision of this ordinance; that
all street signs and address numbers are installed; to secure permits for detached
accessory buildings and park service buildings.
5. The licensee will be responsible for the proper placement of each manufactured home
and notification to the City Building Inspector when new manufactured homes are
placed.
6. The licensee will notify the park occupants of all applicable provisions of a duly
authorized Conditional Use Permit and inform them of their responsibilities
thereunder.
7. The licensee shall provide to both the City Administrator and all park occupants the
name, address, and phone number of the local park management.
B. Responsibilities of occupants or owners.
1. The occupant or owner of any manufactured home will comply with all applicable
requirements of a duly authorized Conditional Use Permit and will maintain the
manufactured home space, its facilities and equipment in good repair and in a clean
and sanitary condition.
2. The occupants of any manufactured home will be responsible to see that all plumbing,
heating, cooling and electrical connections, alterations and additions comply with the
requirements of the zoning ordinances, Building Code, and Property Maintenance
Code, and secure necessary permits for detached accessory buildings.
12.0202
Required; term, renewal and fee.
A. It will be unlawful to operate a manufactured home park within the city unless a valid
license has been issued. Application for a license shall be made 90 days prior to operation
by completing the appropriate form, furnishing a copy of park rules and regulations, and
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submitting payment of a nonrefundable application fee to the City in the amount set forth
by resolution by the City Council.
B. Said license will expire on June 30 of each year. An application for a renewal shall be
made 90 days prior to the expiration of said license in accordance with the requirements in
paragraph A. A license filed after the expiration date of such license will not be considered
for renewal.
C. The City Code Official and Building Inspector shall inspect any manufactured home park
submitting a completed application for renewal no less than 60 days prior to the expiration
of the current license. Any deficiencies shall be provided to the applicant/owner of the
Manufactured Home Park in writing.
D. The licensee will be responsible for making any necessary repairs, alterations, or
modifications by the date the license is considered for renewal by the City Council. If the
required repairs, alterations and modifications are not substantially completed by the time
of City Council consideration, the license shall not be renewed.
12.0203
Revocation or refusal. A manufactured home park license may be revoked in whole or part as
described in this section or renewal refused for failure to comply with any of the provisions of
this chapter, a duly authorized Conditional Use Permit or any other condition approved by the
City Planning and Zoning Commission.
12.0204
Transfer. Licensed manufactured home park licensee will give notice in writing to the City
Finance Officer within 30 days after having sold, transferred, given away, or otherwise
disposed of any interest in or control of the manufactured home park. Such notice will include
the name and address of the new owners. Upon application in writing for transfer of the license,
the license may be transferred if the park is in compliance with the provisions of a duly
authorized Conditional Use Permit and all other pertinent laws and regulations.
CHAPTER 12.03 - PERMITS AND INSPECTIONS
12.0301
Manufactured home placement permit.
A. Every manufactured home owner shall file an application for a manufactured home park
placement permit with the City Administrator prior to the date of the placement of the
manufactured home in the licensed manufactured home park.
B. It is unlawful for any manufactured home to be occupied in the licensed manufactured
home park unless the manufactured home is situated on a manufactured home space and a
placement permit issued by the City of Lennox.
C. The manufactured home park licensee shall give to every manufactured home owner
desiring to place his manufactured home in the licensee's park an application for a
placement permit. The licensee will retain two complete copies of the application form
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and will send one to the City Administrator prior to the date of placement of the
manufactured home and will retain the second copy; the manufactured home owner will
have the responsibility of filing the original copy of the application with the City
Administrator and will pay a permit fee as set by resolution by the City Council.
12.0302
12.0303
Detached accessory buildings and structures. It is unlawful to alter, repair, or add detached
accessory buildings or structures in a licensed manufactured home park without first obtaining
a permit. Permit issuance and fees will be in conformance with the City codes and ordinances
applicable to the type of work involved.
Service buildings and equipment. It is unlawful to construct service buildings or install service
equipment in the licensed manufactured home park without first obtaining a permit. Permit
issuance and fees will be in conformance with the City codes and ordinances applicable to the
type of work involved.
12.0304
Carports, cabanas, enclosed vestibules, canopies and decks. It is unlawful to construct (i)
cabanas, (ii) unenclosed canopies, (iii) carports, or (v) enclosed vestibules in any Manufactured
Home Park.
12.0305
Inspections. The City Building Inspector may enter the licensed manufactured home park to
inspect such park in the discharge of its duties. Such inspection or re-inspection may take place
at any time.
CHAPTER 12.04 - PARK STANDARDS
12.0401
Placement of manufactured homes. All manufactured homes will be positioned in compliance
with an approved manufactured home park plan. All manufactured home parks shall provide
to the city a map in which all streets, home numbers, and occupant names are recorded.
12.0402
Water supply. An accessible, adequate, safe, and potable supply of water will be provided in
each licensed manufactured home park capable of furnishing a minimum of 125 gallons per
day per manufactured home space and all water supply will be supplied by the City of Lennox.
12.0403
Waste disposal.
A. All plumbing in the licensed manufactured home park will comply with the plumbing code
as adopted by the City and also applicable state codes.
B. All waste from showers, toilets, laundries, faucets and lavatories will be wasted into a
sewer system extended from and connected with the City sewer system.
12.0404
Garbage disposal.
A. The storage, collection and disposal of refuse in the manufactured home park will be so
managed as to create no health hazards, rodent harborage, insect breeding areas, accident
hazards or air pollution. All refuse will be stored in flytight, weathertight, rodentproof
containers, which will be provided in sufficient number and capacity to prevent any refuse
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from overflowing. Such refuse shall be removed from the Manufactured Home Park
weekly.
B. Insect and rodent control measures to safeguard public health, as recommended by the City
Building Inspector, will be applied in the licensed manufactured home park. Skirting of
manufactured homes will be done in such a manner so as to prevent rodent harborage and
as directed by the City Building Inspector.
12.0405
Electricity. It will be the responsibility of the licensed manufactured home park
operator to provide and maintain the manufactured home park electrical wiring system in
compliance with State and City electrical codes and it is further required that:
A. Service equipment will be weatherproofed in safe condition and adequate for the load
served.
B. Supply cords and receptacles will be approved for the purpose used be in safe condition
and have overcurrent protection at not more than their rating. Supply cords will not be
spliced except in an approved box under the manufactured home.
C. Overhead conductors will have a clearance of three feet from the manufactured home and
any projections such as a television antenna.
D. Manufactured home chassis will be grounded through a separate grounding conductor in
the supply cord. Any other method of grounding is prohibited unless special permission is
received from the city.
12.0406
Fire protection.
A. The licensed manufactured home park area will be subject to the fire protection rules and
codes of the city.
B. All LP tanks will be secured against overturning with a minimum safety factor of four
based on a loading in any direction equal to four times the filled weight of the container.
LP tanks over 100-gallon capacity must be installed on a concrete base.
C. Safety relief valves of LP containers will have direct ventilation with the atmosphere. The
delivery side of the gas pressure regulator will be equipped with a safety relief device set
to discharge at a pressure not less than two times and not more than three times the delivery
pressure of the regulator.
D. Oil storage tanks will be supported by either noncombustible framing or if of wood, not
less than two-by-four dimension stock. Oil tanks up to 500 gallons will be vented to the
atmosphere by 1 1/4 inch diameter vents. Oil tanks installed for gravity flow of oil to
heating equipment will be installed so that the top of the tank is no higher than eight feet
above the appliance oil control and the bottom of the tank is not less than 18 inches above
the appliance oil control. Listed automatic pumps (oil filter) will be mounted no higher
than eight feet above the appliance oil control and not less than 18 inches above the
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appliance oil control. A readily accessible, approved manual shutoff valve will be installed
at the outlet of an oil supply tank. Such valve will be installed to close against the supply.
E. Manufactured homes will have fuel piping materials and systems compatible with type of
fuel supply based on accepted national standards or when applicable, city and state codes.
F. LP or natural gas services will not be installed under manufactured homes. Connections
from natural gas supply to manufactured homes will be by approved flexible connectors.
G. Skirting installed around a manufactured home will be fire retardant and approved by the
City Building Inspector.
H. Combustible storage may not be permitted under manufactured homes.
12.0407
Park identification sign. It will be the responsibility of the manufactured home park licensee
as a condition for issuance of the manufactured home park license to erect and maintain at the
main entrance of the licensed manufactured home park a sign displaying the manufactured
home park name, office address, park manager name, and contact information The size, height,
and location of the sign will be approved by the City Administrator
12.0408
Street and space numbering. Prior to the issuance of the manufactured home park license, the
manufactured home park operator will:
A. Develop and submit for approval of the City Finance officer a space or street numbering
system for the licensed manufactured home park and have the plan available at the
manufactured home park office at all times.
B. Erect and maintain street signs within the licensed manufactured home park of the size,
height, number and location as prescribed by the City Building Inspector.
C. Display in front of or affix to the front of each manufactured home service building or
manufactured home space a street number in accordance with the approved numbering
system.
CHAPTER 12.05 - VIOLATIONS AND PENALTIES
12.0501
Notices and orders.
A. Whenever the City Building Inspector/Code Enforcement Officer determines that there has
been a violation of this chapter, it will give notice of such alleged violation to the licensee
and occupant. The City shall follow approved Code Enforcement Policies and Procedures
in order to gain compliance with this chapter.
B. Whenever the City Building Inspector/Code Enforcement Officer determines that a hazard
exists which required immediate action to protect the public health, safety and welfare, the
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City Building Inspector may take whatever action deemed necessary so long as such action
is permissible under federal, state or local law.
12.0502
Manufactured home parks in violation. Any person who operates a manufactured home park
within the city without a valid license shall be guilty of a Class II misdemeanor, which is
punishable by a fine not to exceed five hundred dollars ($500.00), by imprisonment not
exceeding thirty days, or by both the fine and imprisonment. (SDCL 9-19-13).
12.0503
Manufactured Home - Notice to vacate. If the manufactured home is tagged as unfit for human
occupancy, resulting in the cancellation of the placement permit for that space in the
manufactured home park until such time that the manufactured home is brought up to code,
removed, or the problem otherwise abated. Repeated violations could affect the future
licensing of the park and may cause the cancellation of the licensing of the entire park.
12.0504
Appeals.
A. Generally. Any person affected by any action of the City Building Inspector under this
chapter may appeal the action to the City Council within 30 days after completed service
of such notice.
B. Variance on appeal. The City Council may authorize, upon appeal in specific cases, such
variance from the terms of this chapter, or from the rules and regulations adopted pursuant
to this chapter, subject to terms and conditions fixed by the City Council, as will not
adversely affect the public health where, owing to exceptional and extraordinary
circumstances, literal enforcement of applicable provisions will result in unnecessary
hardship. The burden of proof is upon the applicant to show by clear and convincing
evidence that the variance:
1. Will not substantially or permanently injure the appropriate use of the other portions
of the dwelling involved or other property.
2. Will be in harmony with the spirit and purposes of a duly authorized Conditional Use
Permit.
C. Procedure on appeal. Any appeal may be taken by filing a notice in writing, to that effect,
with the City Administrator. Such notice will be on a form provided by the City
Administrator. The City Administrator shall forthwith notify the City Council of the filing
of such appeal, and the City Council will within 30 days, set a date for hearing, which may
not be less than 10 days from the date of the notice of hearing. The City Administrator
will thereafter and forthwith give notice of such hearing to all interested persons by
ordinary mail. After filing a notice of appeal, enforcement of any notice or order appealed
from will be held in abeyance until the decision of the City Council will become final as
provided in this chapter. The hearing before the City Council will be informal; its decision
will be written, and will state the findings, conclusions and decision of the City Council.
D. Effect of failure to appeal. If no appeal is taken, the notice will become a final order when
the appeal to the City Council has elapsed (30 days).
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