MUNICIPAL ORDINANCES by sdfgsg234

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									         MUNICIPAL ORDINANCES
 CITY OF HARRISBURG, SOUTH DAKOTA


                       Ordinance # 1996-3

              Effective Date: August 14, 1996




   AN ORDINANCE IN REVISION OF THE MUNICIPAL ORDINANCES
         OF THE CITY OF HARRISBURG, SOUTH DAKOTA




Revised under the direction of the City Council of the City of Harrisburg
       Prepared by the South Eastern Council of Governments
                        ORDINANCE NO. 1996-3

AN ORDINANCE IN REVISION OF THE MUNICIPAL ORDINANCES OF THE CITY OF
HARRISBURG, SOUTH DAKOTA.


BE IT ORDAINED BY THE CITY OF HARRISBURG, SOUTH DAKOTA: That this
Ordinance in Revision of the Municipal Ordinances of the City of Harrisburg, South
Dakota is hereby read, approved, and adopted as follows:


      First Reading:                    July 8, 1996

      Second Reading:                   July 15, 1996

      Publication Dates:                July 18 and 25, 1996

      Effective Date:                   August 14, 1996




____________________________                     ____________________________
Mayor                                            Finance Officer



MUNICIPAL SEAL:
                            NOTICE OF ADOPTION

AN ORDINANCE IN REVISION OF THE MUNICIPAL ORDINANCES OF THE
CITY OF HARRISBURG, SOUTH DAKOTA.

NOTICE IS HEREBY GIVEN that Ordinance No. 1996-3, an Ordinance in
Revision of the Municipal Ordinances of the City of Harrisburg, South Dakota,
was duly adopted by the City Council of the City of Harrisburg on July 15, 1996,
and shall become effective August 7, 1996, unless the referendum shall be
invoked.

A copy of the revised Ordinances is available for public inspection at Harrisburg
City Hall and may be viewed 8:00 a.m. - 11:30 a.m., Monday - Friday.

Dated this 18th day of July, 1996

Rosan Larson
Finance Officer
City of Harrisburg
                         MUNICIPAL ORDINANCES
AN ORDINANCE IN REVISION OF THE MUNICIPAL ORDINANCES OF THE CITY OF
HARRISBURG, SOUTH DAKOTA

This Ordinance in Revision of the Municipal Ordinances of the City of Harrisburg, South
Dakota, is a revision of the Ordinances of the City heretofore adopted, except special
ordinances, appropriation ordinances, levying ordinances for the issuance of bonds, and
other special ordinances of like character. Such ordinances not included in this revision
and still having force and effect may be found in the office of the Municipal Finance
Officer.

In the construction of this ordinance, the following definitions shall apply unless
otherwise provided:

             City or the City        The City of Harrisburg, South Dakota.

             City Council            The Council of the City of Harrisburg, South Dakota,
                                     constituting the governing body of the City.

             he, his or him          Words imparting the masculine gender shall extend
                                     and be implied to females and to firms, partnerships,
                                     associations and corporations, as well as to males.
      REVISED MUNICIPAL ORDINANCES OF HARRISBURG

                                  TABLE OF CONTENTS
                                                                                                            Page #
TITLE 1 -   ADMINISTRATIVE CODE

            Chapter 1.01 - Municipal Employees ........................................................... 1
            Chapter 1.02 - Mayor and City Council ....................................................... 1
            Chapter 1.03 - Park Board .......................................................................... 2
            Chapter 1.04 - Finance Regulations ............................................................ 4
            Chapter 1.05 - Health Official ...................................................................... 4
            Chapter 1.06 - Library ................................................................................. 4

TITLE 2 -   BOUNDARIES, WARDS AND VOTING PRECINCTS

            Chapter 2.01 - Boundaries .......................................................................... 6
            Chapter 2.02 - Wards and Voting Precincts ................................................ 6

TITLE 3 -   HEALTH AND SANITATION

            Chapter 3.01 - Nuisances ........................................................................... 7
            Chapter 3.02 - Collection of Garbage ........................................................ 13
            Chapter 3.03 - Regulation of Storage Tanks ............................................. 14

TITLE 4 -   LICENSES

            Chapter 4.01 - General Provisions ............................................................ 17
            Chapter 4.02 - Transient Merchants, Peddlers .......................................... 18
            Chapter 4.03 - Alcoholic Beverages .......................................................... 19
            Chapter 4.04 - Massages, Massage Establishments and Massagists ....... 21
            Chapter 4.05 - Sexually Oriented Businesses and Employees .................. 30

TITLE 5 -   OFFENSES

            Chapter 5.01 - Offenses Against Public Welfare ....................................... 48
            Chapter 5.02 - Animals ............................................................................. 51
            Chapter 5.03 - Fireworks and Firearms ..................................................... 55
            Chapter 5.04 - Minors ............................................................................... 56
            Chapter 5.05 - Noise ................................................................................. 57

TITLE 6 -   STREETS, SIDEWALKS AND PUBLIC PLACES

            Chapter 6.01 - Street Names and Addresses ............................................ 64
            Chapter 6.02 - Streets, Sidewalks, Curb and Gutter .................................. 65
            Chapter 6.03 - Snow Removal .................................................................. 67
            Chapter 6.04 - Moving Buildings ............................................................... 67
            Chapter 6.05 - Municipal Trees ................................................................. 68
            Chapter 6.06 - Municipal Parks ................................................................. 71
TITLE 7 -   TRAFFIC CODE

            Chapter 7.01 - General Provisions ............................................................ 72
            Chapter 7.02 - Operation of Vehicles ........................................................ 73
            Chapter 7.03 - Vehicle Equipment............................................................. 78
            Chapter 7.04 - Speed Restrictions ............................................................ 79
            Chapter 7.05 - Parking, Stopping ............................................................. 80
            Chapter 7.06 - Trucks ............................................................................... 82
            Chapter 7.07 - Snowmobiles ..................................................................... 83
            Chapter 7.08 - Miscellaneous Provisions .................................................. 85
            Chapter 7.09 - Parking of Vehicles, Trailers, Recreational Vehicles and
                           Bicycles ............................................................................. 88

TITLE 8 -   WATER AND SEWER

            Chapter 8.01 - Water Provisions ............................................................... 95
            Chapter 8.02 - Sewer Provisions ............................................................. 101
            Chapter 8.03 - Stormwater Drainage....................................................... 106

TITLE 9 -   PLANNING AND ZONING AND BUILDING REGULATIONS

            Chapter 9.01 - Planning Commission ...................................................... 111
            Chapter 9.02 - Zoning and Subdivision Regulations ................................ 115
            Chapter 9.03 - Plumbing and Electrical Work .......................................... 115
            Chapter 9.04 - Residential Code ............................................................. 115
            Chapter 9.05 - Building Code .................................................................. 144
            Chapter 9.06 - Mechanical and Fuel Gas Code....................................... 177
            Chapter 9.07 - Property Maintenance Code ............................................ 202
            Chapter 9.08 - Flood Damage Prevention ............................................... 206

TITLE 10 - UTILITY FRANCHISES

            Chapter 10.01 - Cable Services .............................................................. 223
            Chapter 10.02 - Electricity ....................................................................... 240
            Chapter 10.03 - Natural Gas ................................................................... 241

TITLE 11 - TAXATION

            Chapter 11.01 - Municipal Sales Tax ...................................................... 243
            Chapter 11.02 - Reduced Valuation for Tax Purposes ............................ 244
            Chapter 11.03 - Gross Receipts Tax ....................................................... 244

TITLE 12 - GENERAL PROVISIONS

            Chapter 12.01 - Penalties and Repealing Clause .................................... 247
            Chapter 12.02 - Urban and Rural Service Districts .................................. 247

TITLE 13 - MANUFACTURED HOMES

            Chapter 13.01 - General Provisions ........................................................ 249
            Chapter 13.02 - License .......................................................................... 251
Chapter 13.03 - Permits and Inspections ................................................ 253
Chapter 13.04 - Park Standards .............................................................. 254
Chapter 13.05 - Minimum Housing Requirements ................................... 257
Chapter 13.06 - Violations and Penalties ................................................ 261
                       TITLE 1 - ADMINISTRATIVE CODE
                 [MUNICIPAL OFFICERS AND EMPLOYEES SDCL 9-14]

                        Chapter 1.01 - Municipal Employees
                        Chapter 1.02 - Mayor and City Council
                        Chapter 1.03 - Park Board
                        Chapter 1.04 - Finance Regulations
                        Chapter 1.05 - Health Official
                        Chapter 1.06 - Library

CHAPTER 1.01 - MUNICIPAL EMPLOYEES
1.0101   Appointment of Officers. At the regular meeting of each May, there shall be
         appointed a Finance Officer, Deputy Finance Officer, Police Officer, Maintenance
         Superintendent, and such other officers as may be provided by ordinance, to hold
         office until the appointment and qualifications of successors. All such appointments
         shall be made by the City Council. The City Council may by resolution enter into a
         contract pursuant to SDCL 9-14 with an attorney to provide legal services to the City
         as the City Attorney. (SDCL 9-14-3)

1.0102   Salaries. The salaries of all appointive officers and employees of the City shall be
         approved and shall be paid as established by the City Council. The Finance Officer
         shall be bonded in such sum to be approved by the City in accordance with state
         law, conditioned for the faithful performance of the duties of such office. (SDCL 9-
         14-1, SDCL 9-14-28)

1.0103   Employment Policies. All policies regarding personnel regulations and benefits of
         the City shall be included in the Personnel Policy Manual, which shall be filed with
         the Finance Officer and available to all personnel.


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 four aldermen, two elected from each ward, who shall
         hold office for two years. (SDCL 9-8-1, 3)

         (Amended: Ordinance No. 2009-06)

1.0202   Regular Meetings. The regular monthly meetings of the City Council shall be held at
         the American Legion Hall or other designated place on the first Monday of each
         month at 6:00 p.m. and on the third Monday of each month at 6:00 p.m. except when
         Monday is a legal holiday, and in that case the meeting shall be held on another
         specified date. Meetings may be held on other specific dates as set by the Mayor
         with the majority vote of the City Council. (SDCL 9-8-8)

         (Amended: Ordinance No. 2009-06)

                                              1
1.0203   Special Meetings. Special meetings of the City Council may be held at any time on
         call of the Mayor, or in case of absence or 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 Aldermen. It shall be the duty of the City Finance Officer to contact
         the Aldermen before the time specified for such meetings, and this may be done by
         telephone. (SDCL 9-8-8)

         (Amended: Ordinance No. 2009-06)

1.0204   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)

         (Amended: Ordinance No. 2009-06)

1.0205   President and Vice President of City Council. At the first regular meeting after the
         annual election in each year and after the qualification of the newly elected
         Aldermen, the City Council shall elect from among 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 municipality or
         his temporary disability shall be Acting Mayor and possess all the powers of the
         Mayor.

         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 City Council.
         (SDCL 9-8-7)

         (Amended: Ordinance No. 2009-06)

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.

         (Amended: Ordinance No. 2009-06)


CHAPTER 1.03 - PARK BOARD
1.0301   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.


                                              2
         (Amended: Ordinance No. 2006-15)

1.0302   Composition and Appointment. The Park Board shall be composed of not less than
         five or more than nine members, each of whom shall be a resident of the City. 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 May 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.

         (Amended: Ordinance No. 2006-15)

1.0303   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.

         (Amended: Ordinance No. 2006-15)

1.0304   Meetings. At the first regular meeting of the Park Board in May of each year, the
         Board shall elect from its members a Chairman, Vice Chairman, and Secretary, each
         of whom shall serve until the first regular meeting of the Board in April 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.

         (Amended: Ordinance No. 2006-15)

1.0305   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.

         (Amended: Ordinance No. 2006-15)

1.0306   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.

         (Amended: Ordinance No. 2006-15)

1.0307   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.


                                             3
         (Amended: Ordinance No. 2006-15)


CHAPTER 1.04 - FINANCE REGULATIONS
1.0401   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 such form and in such manner from time to
         time as required by the South Dakota Department of Revenue. (SDCL 9-14-18)

1.0402   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.


CHAPTER 1.05 - HEALTH OFFICIAL
1.0501   Created. There is hereby created in the City of Harrisburg, South Dakota, the
         position of City Health Official.

         (Amended: Ordinance No. 1997-3)

1.0502   Appointment of Officer. The position of City Health Official shall be an appointed
         officer of the City of Harrisburg, South Dakota.

         (Amended: Ordinance No. 1997-3)

1.0503   Appointment and Removal. Unless otherwise stated in the ordinances for the City of
         Harrisburg, South Dakota, the procedures for appointment and removal shall be
         governed by the laws of the State of South Dakota.

         (Amended: Ordinance No. 1997-3)

1.0504   Duties. The duties of the City Health Official shall include any duty prescribed under
         any exiting or future ordinance or resolution.

         (Amended: Ordinance No. 1997-3)


CHAPTER 1.06 - LIBRARY
1.0601   Establishment. The City of Harrisburg will provide public library services pursuant to
         SDCL 14-2-29(3) by joining with the Harrisburg Public Schools and/or other
         governing bodies by establishing a joint public library utilizing the provisions of SDCL
         Chapter 1-24. The joint public library shall be governed by the provisions of SDCL
         Chapter 14-2 concerning public libraries.

                                              4
(Amended: Ordinance No. 2005-9, Ordinance No. 2005-12)




                                5
         TITLE 2 - BOUNDARIES, WARDS AND PRECINCTS
               [INCORPORATION OF MUNICIPALITIES SDCL 9-3]
                  [CHANGE OF MUNICIPAL BOUNDARIES 9-4]
               [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 Finance Officer. 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, SDCL 9-4-1)


CHAPTER 2.02 - WARDS AND VOTING PRECINCTS
2.0201   Wards and Voting Precincts. The City shall be divided into two wards, which shall be
         combined and consolidated into one election precinct, and shall be designated
         respectively as Wards One and Two as follows:

         Ward 1 - All that portion of the City lying west of Grand Avenue, and all that portion
         of the City north of Willow Street and west of the eastern boundary of Outlot 20 of the
         City of Harrisburg.

         Ward 2 - All that portion of the City lying east of Grand Avenue and south of Willow
         Street. (SDCL 9-13-16)




                                              6
                   TITLE 3 - HEALTH AND SANITATION
              [SANITATION AND HEALTH MEASURES SDCL 9-32]
                 [ABATEMENT OF NUISANCES SDCL 9-29-13]

               Chapter 3.01 - Nuisances
               Chapter 3.02 - Collection of Garbage
               Chapter 3.03 - Regulation of Storage Tanks

CHAPTER 3.01 - NUISANCES
3.0101   Definitions. For the purpose of this Chapter, the following terms and words shall
         have the meaning given herein:

         1.   “Nuisance” - Any condition or use of premises or of building exteriors which is
              detrimental to the property of others or which causes or tends to cause
              substantial diminution in the value of other property in the neighborhood in
              which such premises are located. This includes but shall not be limited to
              weeds; litter; diseased vegetation; abandoned, wrecked, dismantled or
              discarded vehicles; open excavations or trenches; open burning, and
              dangerous or dilapidated buildings.

         2.   “Weeds” - Dense growth of any weeds, vines, brush or other vegetation in the
              City which may constitute a health, safety or fire hazard.

         3.   “Litter” - Any waste material including garbage, refuse, and rubbish as defined
              herein, which if thrown or deposited as prohibited in this Chapter, may create a
              danger to public health and safety.

              a.    Garbage shall include any putrescible animal and vegetation wastes
                    resulting from the handling, preparation, cooking and consumption of
                    food.

              b.    Refuse shall include any putrescible and nonputrescible solid wastes
                    such as garbage, rubbish, ashes, dead animals, and solid market and
                    industrial wastes.

              c.    Rubbish shall include any nonputrescible solid wastes consisting of both
                    combustible and noncombustible wastes, including paper, wrappings,
                    rags, vegetation, discarded or unused objects or equipment such as
                    furniture, appliances, cans or containers, and other similar materials.

         4.   “Abandoned Vehicle” - Any vehicle which 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.

         5.   “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

                                             7
              not have lawfully affixed thereto a valid state license plates or which constitutes
              an immediate health, safety, fire or traffic hazard.

         6.   “Private Property” - Any real property within the city which is privately owned
              and which is not public property.

         7.   “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.

         8.   “Removal Agency” - Any public body, private or nonprofit organization
              authorized by the city to remove and salvage abandoned or inoperable
              vehicles.

         9.   “Vehicle” - Any conveyance which is designed to travel along the ground or in
              the water and shall include, but not be limited to, automobiles, buses,
              motorbikes, motorcycles, motor scooters, trucks, tractors, pull trailers, go-carts,
              golf carts, boats, campers and trailers.

         (Amended: Ordinance No. 2006-20)

3.0102   Duty of Maintenance of Private Property. No person owning, leasing, occupying, or
         having charge of any premises within the City shall maintain or keep any nuisance
         thereon, nor shall any such person keep or maintain such premises in a manner
         causing substantial diminution in the value of other property in the neighborhood in
         which such premises are located.

3.0103   Vegetation Nuisance.

         A.   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.

         B.   Nuisances.


                                              8
     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.

C.   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 Planning and Zoning Administrator or his or her
     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 notified to comply with said notice within five (5) days,
     thereof the Planning and Zoning Administrator or his or her 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 3.0103 (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 3.0103 (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.



                                     9
         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 (12.0101), in
              addition to one other penalties as prescribed in this section.

         (Amended: Ordinance No. 2009-15)

3.0104   Diseased Vegetation. Any owner, occupant, or person in charge of any property
         within the City shall remove at his or her own expense any trees, brush, wood, or
         debris infected with Dutch Elm disease or other infestations or infectious disease
         found thereon 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 said City Council at an appointed time not less than ten (10) days from the
         date of said notice to show cause why said trees, brush, wood, or debris should not
         be declared a public nuisance. Any diseased vegetation which is removed shall be
         property disposed of by burning or burying in a proper disposal site. (SDCL 9-32-12)

3.0105   Litter 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. No person shall sweep into or deposit in any gutter, street, 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.

3.0106   Litter Thrown or Deposited from Vehicles. 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 truck or other
         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
         other public place.

3.0107   Litter on Private Property. 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 street, sidewalk or other public place or
         upon any private property.



                                              10
3.0108   Storing, parking or leaving vehicles declares nuisance. The presence of an
         abandoned, discarded, wrecked, burned, dismantled, inoperable, junked or partially
         dismantled vehicle or parts thereof on private or public property is hereby declared a
         public nuisance, which may be abated as such in accordance with the provisions of
         this chapter. It is unlawful to keep or place any of such vehicles or vehicle parts:

         a.   Upon public streets or property except on an emergency basis; or

         b.   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 carport, fully enclosed
              building or structure. A 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 premises.

         (Amended: Ordinance No. 2006-20)

3.0109   Exceptions. This section shall not apply to the following:

         a.   One inoperable vehicle kept on private property without being shielded from
              public view if licensed and kept on a private driveway. If this inoperable vehicle
              is in a state of externally visible disrepair or disassembly, it shall not be kept on
              the private driveway longer than 14 days.

         b.   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.

         (Amended: Ordinance No. 2006-20)

3.0110   Removal and disposition of unclaimed vehicles.

         a.   Whenever the police department finds an abandoned or inoperable vehicle on
              public property within the city, it is authorized to place written notice 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 police department from immediately removing a vehicle that
              constitutes an imminent health, safety or fire hazard.

         b.   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 of this
              chapter for the costs or reasonable charges in taking custody of and storing
              such vehicles.

         (Amended: Ordinance No. 2006-20)

                                              11
3.0111   Duty of private property owners and removal.

         a.   No person owning, in charge of or in control of any real property within the city,
              whether as owner, tenant, occupant, lessee or otherwise, shall allow any
              abandoned or inoperable vehicle of any kind to remain on such property longer
              than 14 days.

         b.   A notice in writing shall be served by the city upon any person having an
              abandoned or inoperable vehicle on their property requesting the removal of
              such motor vehicle in the time specified in this chapter.

         c.   Upon proper notice, 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.

         d.   The city shall give notice of removal to the owner or occupant of the private
              property where the abandoned or inoperable vehicle is located. It shall
              constitute sufficient notice, when a copy of the notice is sent by registered or
              certified mail to the owner or occupant of the private property at his last known
              address.

         e.   The notice shall contain the request for removal within 14 days after the 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.

         (Amended: Ordinance No. 2006-20)

3.0112   Open Burning. No person shall dispose of refuse and/or other combustible material
         by open burning, or cause, allow, or permit the conducting of a salvage operation by
         open burning in the City except fires used solely for outdoor preparation of food, or
         as otherwise permitted by the City Council. (SDCL 9-33-1)

3.0113   Dangerous or Dilapidated Buildings. No person shall maintain, or cause or permit
         the same, any building or premises in the City 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, health, property, value of property or safety of the public is jeopardized:

         1.   Whenever any building or structure is (i) vacant and unoccupied for the
              purpose for which it was constructed, and (ii) the building is unfit for occupancy
              as it fails to meet minimum building standards, and (iii) the building has
              remained substantially in such condition for a period in excess of six (6)
              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. (SDCL 9-29-13)



                                              12
3.0114   Excavations and Trenches. No person shall maintain any excavation, trench or open
         basement in the City 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)

3.0115   Keeping of Animals and Responsibilities. No person shall create or maintain any
         condition, or operate any equipment or keep any animal, fowl, livestock or pet under
         his or her jurisdiction in such a way that such condition or operation causes or is
         likely to cause a nuisance. The keeping of livestock such as cattle, sheep, hogs, and
         any fowl not listed as prohibited by Chapter 5.0205 Vicious or prohibited animals
         shall be by permission of the City Council.

         No owner, caretaker, or keeper of any animal shall allow such animal to defecate on
         public or private property in the City other than his or her own. If such animal does
         defecate upon public or private property, the owner, keeper, caretaker or attendant
         shall immediately and thoroughly clean the fecal material from such property. Any
         violation of abate such nuance forthwith, and if any person shall neglect or refuse to
         do so within a reasonable time after such notice, they shall be deemed guilty of a
         violation of this Chapter. The City Council shall cause to be removed or abated any
         such nuisance upon the expiration of a reasonable time after the serving of such
         notice, and the City may recover the expenses so incurred from the person
         maintaining such nuisance by levying an assessment against the property and
         collecting the same. (SDCL 9-29-13)


CHAPTER 3.02 - COLLECTION OF GARBAGE
3.0201   Private Operators. The collection of garbage and refuse in the City shall be made by
         private contractors or operators, who shall be subject to all local ordinances as well
         as all state and federal regulations. Collections shall be made at least once a week,
         unless otherwise required by the City Council.

3.0202   Permit Required. Private contractors or operators involved with the collection of
         garbage or refuse in the City, shall apply for an annual permit to the City Council.
         Any permit approved and issued may be revoked by the City Council for violations of
         laws, regulations or stipulations governing such operations. Such application shall
         include the operators permit number for disposal in an approved sanitary landfill.

3.0203   City Not Liable. The City shall not be liable for any expense incurred through the
         failure of a contractor or operator 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. (SDCL 9-32-11)

3.0204   Equipment. Every garbage collector shall use equipment which will not permit any
         leakage or spilling and such truck or trailer shall be so covered so that trash,
         garbage, rubbish or waste will not be dropped or spilled in transit to any place in the
         City, and any violation of this Section shall be sufficient cause for evocation of the
         collectors permit, and in addition thereto he shall be guilty of a misdemeanor and
         subject to fine.




                                              13
CHAPTER 3.03 - REGULATION OF STORAGE TANKS
3.0301   Definition of Terms. Terms are used in this Chapter, unless the context otherwise
         requires, mean:

         1.   “City limits” - the municipal boundaries of the City of Harrisburg, South Dakota.

         2.   “Department” - Department of Environment and Natural Resources.

         3.   “Local designated agencies” - Agencies or subdivisions of state government
              which are designated by the governor to carry out portions of this ordinance.

         4.   "Nonoperational storage tank" - Any underground or above ground storage tank
              in which regulated substances may not be deposited or from which regulated
              substances may not be dispensed.

         5.   "Regulated substance" - Any substance defined in section 101(4) of the
              Federal Comprehensive Environmental Response, Compensation, and Liability
              Act of 1980, but not including any substance regulated as a hazardous waste
              under subtitle (c), and petroleum, including crude oil or any fraction thereof
              which is liquid at standard conditions of temperature and pressure, 60 degrees
              fahrenheit and 14.7 pounds per square inch absolute.

         6.   "Storage tank, above ground and underground" -

              a.    “Storage tank, above ground” - Any stationary tank or combination of
                    stationary tanks above ground, including connected pipes, which stores
                    an accumulation of regulated substances as defined in 5 above.

              b.    “Storage tank, underground” - Any tank or combination of tanks including
                    underground pipes which contains an accumulation of regulated
                    substances as defined in 5 above, and the volume of which, including the
                    volume of underground pipes, is ten percent or more below the surface of
                    the ground.

              Neither the above ground nor the underground storage tank definition shall
              include:

              a.    A farm or residential tank with a capacity of one thousand one hundred
                    (1,100) gallons or less used for storing motor fuel for noncommercial
                    purposes.

              b.    A tank used for storing heating oil for consumptive use on the premises
                    where stored.

              c.    A septic tank.

              d.    A pipeline facility, including gathering lines, regulated under the Natural
                    Gas Safety Act of 1968, the Hazardous Liquid Pipeline Act of 1979 or a
                    pipeline which is an intrastate pipeline facility regulated under state laws
                    comparable to the provisions of law referred to above.

                                              14
              e.    A surface impoundment, pit, pond, or lagoon.

              f.    A storm water or wastewater collection system.

              g.    A flow-through process tank.

              h.    A liquid trap or associated gathering lines directly related to oil or gas
                    production or gathering operations.

              i.    A storage tank situated in an underground area such as a basement,
                    cellar, mineworking, drift, shaft, or tunnel if the storage tank is situated
                    upon or above the surface of the floor.

              j.    Any pipes connected to any tank which is described in subsections a to i,
                    inclusive, of this section. (SDCL 34A-2-98, 34A-2-100)

3.0302   Regulation of Underground Storage Tanks. The installation and operation of
         underground storage tanks within the city limits shall be regulated pursuant to SDCL
         34A-2-99, in accordance with rules 74:03:028:01 - 74:03:28:29 and rules
         74:03:29:01 - 74:03:29:19 of the Administrative Rules of South Dakota. These rules
         pertain to:

         1.   Requirements for maintaining a leak detection system, an inventory control
              system together with tank testing, or a comparable system or method designed
              to identify releases in a manner consistent with the protection of human health
              and the environment.

         2.   Requirements for maintaining records of any monitoring or leak detection
              system or inventory control system or tank testing system.

         3.   Requirements for the reporting of any releases and corrective action taken in
              response to a release from an underground storage tank.

         4.   Requirements for taking corrective action in response to a release from an
              underground storage tank.

         5.   Requirements for the closure of tanks to prevent future releases of regulated
              substances to the environment.

         6.   Requirements for maintaining evidence of financial responsibility for taking
              corrective action and compensating third parties for bodily injury and property
              damage caused by sudden and nonsudden accidental release arising from
              operating an underground storage tank.

         7.   Standards of performance for new underground storage tanks.

         8.   Requirements for notifying the department or local designated agency of the
              existence of any operational or nonoperational underground storage tank.




                                              15
         9.   Requirements for providing the information required on the form issued
              pursuant to Section 9002(b)(2) of the Federal Resource Conservation and
              Recovery Act reauthorization of 1984.

3.0303   Regulation of Above Ground Storage Tanks. The installation and operation of above
         ground storage tanks within the city limits shall be regulated pursuant to SDCL 34A-
         2-101, in accordance with rules 74:03:29:01 - 74:03:29:18 and 74:03:30:01 -
         74:03:30:29 of the Administrative Rules of South Dakota. These rules shall be
         exercised in substantial conformity with the current codes and standards
         recommended by the National Fire Protection Association for the storage of
         flammable and combustible liquids as contained in NFPA 30 on January 1, 1987.
         The rules provide for the following:

         1.   Requirements for maintaining a leak detection system, an inventory system, or
              a comparable system or method designed to identify releases in a manner
              consistent with the protection of human health and the environment.

         2.   Requirements for maintaining records of any monitoring or leak detection
              system or inventory control system or tank testing system.

         3.   Requirements for the reporting of any releases and corrective action taken in
              response to a release from any above ground storage tank.

         4.   Requirements for taking corrective action in response to a release from any
              above ground storage tank.

         5.   Requirements for the closure of tanks to prevent future releases of regulated
              substances to the environment.

         6.   Requirements for maintaining evidence of financial responsibility for taking
              corrective action and compensating third parties for bodily injury and property
              damage caused by sudden and nonsudden accidental release arising from
              operating any above ground storage tank.

         7.   Standards of performance, including but not limited to, design, construction,
              installation, and compatibility standards for new above ground storage tanks.

         8.   Requirements for notifying the department or local designated agency of the
              existence of any operational or nonoperational above ground storage tank.

         9.   Requirements for providing the information required on the form required by the
              department.

3.0304   Installation of Above Ground Storage Tanks for Storage of Regulated Substances
         Prohibited - Exceptions. No person may install any above ground storage tank for
         the purpose of storing regulated substances unless the tank will prevent releases
         due to corrosion or structural failure for the operational life of the tank, is designed in
         a manner to prevent the release or threatened release of any stored substance, and
         the material used in the construction or lining of the tank is compatible with the
         substance to be stored. (SDCL 34A-2-102)


                                               16
                             TITLE 4 - LICENSES
                [TRADE REGULATION AND LICENSES SDCL 9-34]
                     [ALCOHOLIC BEVERAGES SDCL 35]

                Chapter 4.01 - General Provisions
                Chapter 4.02 - Transient Merchants, Peddlers
                Chapter 4.03 - Alcoholic Beverages
                Chapter 4.04 - Massages, Massage Establishments and
                               Massagists
                Chapter 4.05 - Sexually Oriented Businesses and
                               Employees

CHAPTER 4.01 - GENERAL PROVISIONS
4.0101   Licenses Required. 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
         such 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 which is
         not specified by this ordinance to obtain a license, as deemed necessary.

4.0102   Applications for License. Any person, persons, firm or corporation wishing to obtain a
         license as herein provided, shall make written application to the City Council stating
         the name of the applicant, address, purpose of the activity, the length of time for
         which said license is wanted, and the particular place at which said license is to be
         used.

         Fees for all licenses shall be fixed by the City Council where not specified in this
         Chapter, and all license fees shall be paid in full at the time of application in such
         manner as approved by said Council.

4.0103   License Expiration. Any annual licenses granted under the provisions of this Chapter
         shall expire on the 31st day of December next 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 made on the termination of said calling, vocation,
         or kind of business 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 said
         Council shall be satisfied upon written complaint that such calling, vocation, or kind
         of business for which said license has been 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 said Council shall deem just.

4.0105   Issuance of License. Except as otherwise provided, all licenses shall be issued by
         the Finance Officer after issuance of the license has been approved by the City

                                               17
         Council and 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.

4.0106   Record of Licenses. The Finance Officer shall keep a record of all licenses issued by
         the City stating when and to whom issued, for what purpose and for what length of
         time, the amount of money paid for said license, and the place where such activity is
         to be carried on. (SDCL 9-34-1)


CHAPTER 4.02 - TRANSIENT MERCHANTS, PEDDLERS
4.0201   Definitions. For the purpose of this Chapter, a "transient merchant", "itinerant
         merchant" or "itinerant vendor" is defined as any person, firm or corporation, whether
         as owner, agent, consignee or employee, whether a resident of the City or not, who
         engages in a temporary business of selling and delivering goods, wares and
         merchandise within said City. The person, firm or corporation so engaged shall not
         be relieved from complying with the provisions of this Chapter merely by reason of
         associating temporarily with any local dealer, trader, merchant, or by conducting
         such transient business in connection with as a part of or in the name of any local
         dealer, trader, or merchant. The word "peddler" as used herein shall include any
         person, whether a resident of the City or not, traveling by foot, wagon, automotive
         vehicle, or other type of conveyance, from place to place, from house to house, or
         from street to street, carrying, conveying or transporting goods, wares, or
         merchandise, offering and exposing the same for sale, or making sales and
         delivering articles to purchasers. (SDCL 9-34-7)

4.0202   License Required. Every transient merchant, itinerant merchant, or itinerant vendor
         as defined herein shall pay to the City a license fee of either ($25) per week, ($50)
         per month or ($100) per year that said transient merchant, itinerant merchant or
         itinerant vendor shall conduct said business licensed under this Chapter. Said
         license fee shall be payable in advance, and the license issued under this Chapter
         shall be posted conspicuously in the place of business named therein. The sale of
         produce is not required to pay the license fee. A license is still needed but at no
         cost.

         (Amended: Ordinance No. 2004-2)

4:0203   Peddlers License. It shall be unlawful for any person to be engaged in the business
         of peddler within the corporate limits of the City without first obtaining a permit and
         license therefore as provided herein. The fees required for such peddlers for said
         licenses shall be ($25) per week, ($50) per month or ($100) per year payable in
         advance, provided that no fees shall be required of one selling products actually
         produced by the seller. The sale of produce is not required to pay the license fee. A
         license is still needed but at no cost. Peddlers are required to exhibit their licenses
         at the request of any citizen. (SDCL 9-34-8)

         (Amended: Ordinance No. 2004-2)

4.0204   Revocation of License. Any license issued hereunder may be revoked, after notice
         and hearing, for any of the following causes:

                                             18
         1.   Fraud, misrepresentation or false statements contained in the application for
              license;

         2.   Fraud, misrepresentation or false statements made in the course of carrying on
              the business as a peddler, itinerant merchant, itinerant vendor or transient
              merchant hereunder.

         3.   Any violations of this Chapter.

         4.   Conviction of any crime or misdemeanor involving moral turpitude.

         5.   Conducting the business licensed hereunder in an unlawful manner or in such
              a manner as to constitute a breach of the peace or to constitute a menace to
              the health, safety or general welfare of the public.

4.0205   Approval of License. Any person seeking to obtain a license under the provisions of
         this Chapter shall have obtained all require county and state permits, and shall pay
         to the Finance Officer the amount provided for by this Chapter for such a license, for
         which the Finance Officer shall furnish the applicant a receipt designating kind of
         place and activity applied for. Upon presentation of said receipt to the City, the City
         Council at its discretion if it deems the applicant a suitable and proper person to have
         such license, shall approve such license and direct the Mayor to sign the receipt.
         Said receipt when signed shall be deemed a good and sufficient license. If the
         Council does not grant said license, the applicant shall be informed of the same and
         the Finance Officer shall thereupon refund the amount of the license paid and the
         applicant's receipt shall be the Finance Officer's voucher for the money refunded.

4.0206   Penalties. Any person violating any of the provisions of this Chapter, shall, upon
         conviction thereof be punished by fine not to exceed one hundred dollars ($100) or
         by imprisonment not to exceed thirty (30) days or both such fine and imprisonment
         for each day of operation in violation of this Chapter. Each day in violation of this
         Chapter shall be deemed a separate offense.

4.0207   Exceptions. Nothing in this Chapter shall extend to any sale of livestock or farm
         products, or any second hand furniture or household goods by, or for any person or
         persons who shall have actually used the same in the City, or to any sale of goods,
         wares, or merchandise by public officers in the pursuance of legal process, or to
         goods, wares, or merchandise sold by nonprofit enterprises. (SDCL 9-34-1)


CHAPTER 4.03 - ALCOHOLIC BEVERAGES
4.0301   License Required. No person shall sell, offer for sale, keep for sale, exchange,
         distill, manufacture, produce, bottle, blend, or otherwise concoct, within the City any
         alcoholic beverage as defined by statue, without having a license therefore as
         required by South Dakota Laws. (SDCL 9-29-7)

4.0302   Application and License Fees. In any instances in which applications may qualify,
         applications for licenses for the sale of alcoholic beverages in the City shall be
         submitted as prescribed by South Dakota Laws. (SDCL 35-4-2)


                                                19
4.0303   License Restrictions. Applications for on-sale and off-sale liquor and malt beverage
         licenses shall have the necessary fees attached upon being submitted to the City as
         required by South Dakota laws, and the granting and retention of such licenses will
         be as provided by the South Dakota laws, and local regulations. (SDCL 32-303,
         SDCL 35-2-10)

4.0304   Location of Business. The City Council shall not issue any licenses to any person(s),
         business or group where the location of such a business would not be considered
         desirable in accordance with South Dakota Laws, and local regulations. (SDCL 35-
         2-6.1, SDCL 35-26.2)

4.0305   Times of Operation.

         A.   Hours of business - On sale and off sale.

              It is unlawful for any licensee to sell any alcohol beverages at any time, except
              between the opening and closing hours set forth below:

              1.    Retailer malt beverage: (on or off sale) seven a.m. to two a.m. every day.

              2.    Retailer other alcoholic beverages: (on sale) seven a.m. to two a.m.
                    Monday through Sunday morning. Special license for Sunday operation
                    (on sale liquor) twelve noon to twelve a.m. All others not open Sundays
                    after two a.m., Memorial Day after one a.m. or all day Christmas Day.

              3.    Retailer package alcohol beverage, other than malt beverage: (off sale)
                    seven a.m. through twelve midnight Monday through Saturday, not open
                    on Sunday, Memorial Day or Christmas Day.

         B.   Sunday Sales.

                An on sale license may request that the governing body grant the licensee
                the right to sell, serve or allow alcoholic beverage to be consumed between
                the hours of twelve noon to twelve p.m. on Sunday if the licensee has
                facilities for the service of prepared meals from a fixed restaurant with a
                simultaneous seating capacity of at least thirty-five patrons. A fixed
                restaurant is an eating establishment licensed by the South Dakota
                Department of Health and that serves food on Sunday.

         (Amended: Ordinance No. 2004-16)

4.0306   Sunday Hours of Sale. Any licensed off-sale dealer of alcoholic beverages may sell
         or allow to be sold alcoholic beverages on Sunday between the hours of 7:00 a.m.
         and 12:00 a.m.

         The City Council may approve applications for such on-sale licenses specifically
         requesting permission to sell, serve, and allow to be consumed, on the premises
         covered by their license, if such applicant shall comply with the requirements of
         SDCL 35-4-2.1.

         (Amended: Ordinance No. 2009-07)

                                             20
4.0306.5 Persons under twenty-one barred from on-sale premises. No on-sale licensee may
         permit any person less than twenty-one years old to loiter on the licensed premises
         or to sell, serve, dispense or consume alcoholic beverages on such premises.
         However, an on-sale licensee licensed pursuant to SDCL 35-4-2 (4), (6), (11), (13) or
         (16) may permit persons eighteen years old or older to sell and serve or dispense
         alcoholic beverages if not less than fifty percent of the gross business transacted by
         that establishment is from the sale of food and the licensee or an employee that is at
         least twenty-one years of age is on the premises when the alcoholic beverage is sold
         or dispensed. For the purposes of this section, the term, "to sell and serve alcoholic
         beverages," means to take orders for alcoholic beverages and to deliver alcoholic
         beverages to customers as a normal adjunct of waiting tables. The term does not
         include tending bar or drawing or mixing alcoholic beverages.

          (Amended: Ordinance No. 2003-9)

4.0307    Violations. Any person, firm, or licensee in violation of any of the provisions of this
          Chapter shall be deemed guilty of a misdemeanor. For failure to correct any offense
          when applicable, after conviction, each day of failure to do so shall constitute an
          additional separate offense. Whenever any person shall as clerk, servant, agent, or
          employee of any other person or establishment violates any of the provision of this
          Chapter he shall also be deemed as guilty as a principal. Failure to comply with all
          existing requirements, including the provisions in this Chapter, shall provide cause
          for revocation of any licenses granted under the provisions of South Dakota Laws.
          (SDCL 35-2-10)

4.0308    Video Lottery Machine License Fee. There is herby imposed a license fee of $50.00
          per video lottery machine located in any establishment holding a video lottery
          establishment license and one of the following alcoholic beverage licensees: on-
          sale, on-sale dealers at publicly operated airports, on-sale dealers in wine for
          Sunday, convention facility on-sale, and malt beverage retailers, being both package
          dealers and on-sale dealers. This fee shall be in addition to any alcoholic beverage
          license fee (SDCL 35-4-2) and any video lottery establishment fee (SDCL 42-7A-41).

          (Amended: Ordinance No. 2007-09)


CHAPTER 4.04 - MASSAGES, MASSAGE ESTABLISHMENTS AND
               MASSAGISTS
4.0401    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:

          (1)   Massage means the administration by any person of any method of exerting or
                applying pressure, friction, moisture, heat or cold to the human body, or the
                rubbing, stroking, kneading, pounding or tapping of the human body by any
                physical or mechanical means for any form of consideration.

          (2)   Massage establishment means any establishment or operation wherein a
                massage is administered or is permitted to be administered when such

                                              21
               massage is administered or permitted to be administered for any form of
               consideration.

         (3)   Massagist means any person who administers a massage for any form of
               consideration.

         (Amended: Ordinance No. 1997-2)

4.0402   LICENSE REQUIRED FOR MASSAGE ESTABLISHMENT

         No person shall engage in, conduct or carry on, or permit to be engaged in,
         conducted or carried on, in or upon any premises within the city a massage
         establishment, unless the license for the operation of a massage establishment has
         been issued by the city and unless the license remains in effect in conformity with the
         provisions of this chapter.

         (Amended: Ordinance No. 1997-2)

4.0403   APPLICATION FOR MASSAGE ESTABLISHMENT LISCENSE

         Each application for a massage establishment license shall be upon a form provided
         by the City Finance Officer and shall be submitted to the City Finance Officer and
         shall contain the following information:

         (1)   A definition of services to be provided.

         (2)   The location and mailing address of the proposed establishment.

         (3)   The name and residence address of each applicant.

         (4)   If the applicant is a corporation, the names and residence addresses of each of
               the officers and directors of the corporation and of each stockholder owning
               more than 10 percent (10%) of stock of the corporation, and the address of the
               corporation itself, if different from the address of the massage establishment.

         (5)   If the applicant is a partnership, the names and residence addresses of each of
               the partners, including limited partners, and the address of the partnership
               itself, if different from the address of the massage establishment.

         (6)   The last two previous addresses (if any) during the past three years
               immediately prior to the present address of the applicant.

         (7)   A certified copy of applicant's birth certificate showing that the applicant is over
               the age of 18 years.

         (8)   Individual or partnership applicant's height, weight, color of eyes and hair, and
               sex.

         (9)   Copy of identification such as driver's license and social security card.



                                               22
         (10) Business, occupation, or employment of the applicant for the three years
              immediately preceding the date of the application, including the name, dates of,
              location and nature of employment.

         (11) The history of the applicant in the operation of a massage establishment or
              similar business or occupation, including but not limited to, whether or not such
              person, in previously operating in this or another city within any state with or
              without license, has had such license revoked or suspended and the reason
              therefor, and the business activity or occupation subsequent to such action of
              suspension or revocation.

         (12) All criminal convictions other than misdemeanor traffic violation, including the
              dates of convictions, nature of the crimes and place convicted.

         (13) The name and address of each massagist who is or will be employed in the
              establishment.

         (14) Such other identification and information necessary to discover the truth of the
              matters specified in this section as required to be set forth in the application.

         (15) If a corporation, the name and address of the resident agent, which must be
              kept current at all times.

         (Amended: Ordinance No. 1997-2)

4.0404   INVESTIGATION OF PREMISES PROPOSED TO BE USED AS MASSAGE
         ESTABLISHMENT

         Upon receipt of the application for a massage establishment license, the City
         Finance Officer shall refer the application to the planning and zoning department, city
         health appointed official, and the police department, each of which, within a period of
         30 days from the date of application, shall review records and make an inspection of
         the premises proposed to be used as a massage establishment and shall make a
         written recommendation to the City Council concerning compliance with the law.

         (Amended: Ordinance No. 1997-2)

4.0405   DENIAL OF MASSAGE ESTABLISHMENT LICENSE: NOTICE: RIGHT OF
         HEARING

         (a)   The City Council shall not issue such massage establishment license if, based
               upon the investigation and reports, it is found that:

               (1)   The operation, as proposed by the applicant, if licensed, would not
                     comply with all applicable laws, including, but not limited to, the city's
                     building, zoning, and health regulations.

               (2)   The applicant has been convicted in a court of competent jurisdiction of
                     any offense involving the use of force or violence upon the person of
                     another.


                                               23
                (3)   The applicant has, knowingly and with intent to deceive, made any false,
                      misleading, or fraudulent statement of fact in the permit application or any
                      other document required by the city in conjunction therewith.

          (b)   For denial, notifications and reasons for the denial shall be set forth in writing
                by the City Finance Officer and sent to the applicant by means of registered or
                certified mail or hand delivery. The denied applicant shall at his election have
                the right to receive a hearing before the City Council pursuant to the terms of
                section 4.0420. If such a hearing is not requested within ten days of the notice
                of denial by the City Finance Officer, the denial shall be final.

          (c)   This section shall not limit causes for denial but shall be in addition to other
                causes for denial found by the Council or provided by this Code.

          (Amended: Ordinance No. 1997-2)

4.04006   TEMPORARY MASSAGE ESTABLISHMENT LICENSE

          Upon application, the City Finance Officer shall issue a temporary massage
          establishment license to any applicant who was, upon the effective date of the
          ordinance from which this section is derived the owner or operator of such an
          establishment in the city pending review and investigation of the application
          submitted as required in this chapter. Such temporary license shall remain in effect
          for a period of no longer than 30 days or until issuance/denial of the permanent
          license. If the application for permanent license is denied, the temporary license
          shall immediately expire and shall be of no further force or effect.

          (Amended: Ordinance No. 1997-2)

4.0407    MASSAGE ESTABLISHMENT FACILITIES

          No license to conduct a massage establishment shall be issued to an applicant
          therefor unless the proposed establishment complies with each of the following
          minimum requirements, and no licensee operating a massage establishment shall
          fail to comply with the following minimum requirements:

          (1)   A recognizable and legible sign shall be posted at the main entrance to any
                building, or to a portion of a building used as a massage establishment
                identifying the premises as a massage establishment, and recognizable and
                legible signs shall be posted at all exits.

          (2)   No less than one artificial white light of 60 watts or more shall be provided and
                illuminated in each room or enclosure where a massage is administered while
                occupied.

          (3)   Equipment approved by the city health appointed official for disinfecting and
                sterilizing instruments used in performing a massage shall be provided.

          (4)   Hot and cold running water shall be provided to a metal or ceramic coated
                metal utility sink approved by the City health appointed official.


                                                24
         (5)   Sanitary cabinet space shall be provided for storage of clean linen.

         (6)   Adequate dressing, locker and toilet facilities shall be provided for patrons. A
               minimum of one dressing room containing adequate lockers for patrons to be
               served, and a minimum of one toilet and one wash basin shall be provided by
               every massage establishment: provided, however, that if male and female
               patrons are to be served simultaneously at the establishment, separate
               massage rooms separate locker facilities, separate dressing facilities and
               separate toilet facilities shall be proved for male and female patrons.

         (7)   All walls, ceiling, floors, pools, showers, bathtubs, steam rooms, and all other
               physical facilities for the massage establishment must be in good repair and
               maintained in a clean and sanitary condition. Wet and dry heat rooms, steam
               or vapor rooms, or steam or vapor cabinets, shower compartments, bathtubs
               and toilet rooms shall be thoroughly cleaned and disinfected with a disinfectant
               each day the business is in operation.

         (8)   Clean and sanitary towels and linens shall be proved for each patron of the
               establishment. No common or repeated use of unlaundered towels or linens
               shall be permitted.

         (Amended: Ordinance No. 1997-2)

4.0408   INSPECTION OF ESTABLISHMENTS BY OFFICIALS

         The investigating officials of the City or its agent, and the City health appointed
         official, shall have the right to enter the massage establishment premises from time
         to time during regular business hours for the purpose of making reasonable
         inspections to enforce compliance with building, fire, electrical, plumbing, or health
         regulations. This shall not restrict or limit the right of entry vested in any law
         enforcement agency.

         (Amended: Ordinance No. 1997-2)

4.0409   NAME OF ESTABLISHMENT

         No person licensed to do business as provided in this article shall operate under any
         name or conduct the business under any designation not specified in the license.

         (Amended: Ordinance No. 1997-2)

4.0410   CHANGE OF LOCATION OF ESTABLSIHMENT

         A change of location of a licensed massage establishment may be approved by the
         City Finance Officer provided all applicable provisions of the City of Harrisburg
         Ordinances are complied with and upon payment of a change of location fee set by
         Resolution to partly defray the costs of investigation.

         (Amended: Ordinance No. 1997-2)



                                              25
4.0411   MASSAGIST LICENSEES TO BE EMPLOYED

         No massage establishment licensee shall employ, or otherwise, allow any person to
         perform as a massagist who is not licensed as a massagist under the terms of this
         chapter.

         (Amended: Ordinance No. 1997-2)

4.0412   MASSAGES AT MASSAGE ESTABLISHMENT ONLY

         No person shall administer a massage or permit a massage to be administered at or
         upon any public place other than a massage establishment.

         (Amended: Ordinance No. 1997-2)

4.0413   MESSAGIST LICENSE REQUIRED

         No person shall perform as a massagist within the City unless such person has first
         been issued a massagist license by the City Council and unless such license or
         temporary license remains in effect in conformity with the provisions of this chapter.

         (Amended: Ordinance No. 1997-2)

4.0414   APPLICATION FOR MASSAGIST LICENSE

         Each application for a massagist license shall be upon a form provided by the City
         Finance Officer and shall be submitted to the City Finance Officer. Each form shall
         contain the following information:

         (1)   The applicant's full name, residence address, and telephone number.

         (2)   The name and address of the message establishment where the applicant is to
               be employed as a massagist.

         (3)   The criminal record, if any, other than misdemeanor traffic violations, of the
               applicant.

         (4)   Whether any license to perform as a massagist has previously been denied or
               revoked and, if so, the reasons, dates, and places of such denial or revocation.

         (5)   One portrait photograph at least two inches by two inches and a complete set
               of the applicant's fingerprints which shall be taken by the police chief or his
               agent.

         (6)   Written proof that the applicant is over the age of 18 years.

         (7)   A certificate form a medical doctor stating that the applicant, within 30 days
               immediately prior to filing application, has been examined and found to be free
               from any contagious or communicable disease which is likely to be
               communicated during the administration of a massage. Every massagist


                                              26
               licensed under this chapter shall be recertified, in accordance with this
               paragraph, each year.

         (Amended: Ordinance No. 1997-2)

4.0415   INVESTIGATION UPON RECEIPT OF APPLICATION FOR MASSAGIST LICENSE

         Upon receipt of the application for a massagist license, the City Finance Officer shall
         refer the application to the police department which, within 30 days from the date of
         the application and submit a written recommendation thereon to the City Council.

         (Amended: Ordinance No. 1997-2)

4.0416   DENIAL OF MASSAGIST LICENSE; NOTICE; RIGHT TO HEARING

         (a)   The City Finance Officer shall not issue a massagist license if, based upon the
               investigation and report, it is found that:

               (1)   The applicant has been convicted in a court of competent jurisdiction of
                     an offense involving the use of force or violence upon the person of
                     another.

               (2)   The applicant has, knowingly and with intent to deceive, made any false,
                     misleading or fraudulent statement of fact in the license application or in
                     any other document required by the city in conjunction therewith.

         (b)   For denial, notifications and reasons for denial shall be set forth in writing by
               the City Finance Officer and shall be sent to the applicant by means of
               registered or certified mail or hand delivery. The denied applicant shall, at his
               election, have the right to a hearing before the City Council pursuant to the
               terms of section 4.0420. If such hearing is not requested within ten days of the
               notice of denial by the City Finance Officer, the denial shall be final.

         (c)   This section shall not limit causes for denial but shall be in addition to other
               causes for denial found by the City Finance Officer or proved by this Code.

         (Amended: Ordinance No. 1997-2)

4.0417   TEMPORARY MASSAGIST LICENSE

         Upon application, the city Finance Officer shall issue a temporary massagist license
         to any applicant who was, upon the effective date of the ordinance from which this
         section is derived, performing the function of massagist in the city, pending review
         and investigation of the applicant submitted in this chapter. Such temporary license
         shall remain in effect for a period of no longer then 30 days or until issuance/denial of
         the permanent license. If the application for the permanent license is denied, the
         temporary license shall immediately expire and shall be of no further force or effect.

         (Amended: Ordinance No. 1997-2)



                                               27
4.0418   TRANSFER OF MASSAGIST LICENSE

         No massagist license shall be transferable.

         (Amended: Ordinance No. 1997-2)

4.0419   POSTING OF MASSAGIST AND MASSAGE ESTABLISHMENT LICENSEE

         Each massage establishment licensee shall post in a conspicuous place within the
         massage establishment the license of each massagist performing as a massagist in
         the establishment and the license of the massage establishment.

         (Amended: Ordinance No. 1997-2)

4.0420   DENIAL, SUSPENSION OR REVOCATION OF LICENSES GENERALLY

         (a)   Denial. Within ten days of the denial by the City Finance Officer of an
               application for a massage establishment license or massagist license, the
               applicant may file with the City Finance Officer a written request for hearing
               before the City Council. At such hearing, evidence shall be received for the
               purpose of determining whether or not such denial shall be upheld. Following
               the hearing, if the denial is upheld, the notification of and reasons for such
               decision shall be set forth in writing and sent to the applicant by means of
               registered or certified mail or hand delivery.

         (b)   Suspension or revocation. Any massage establishment or massagist license
               shall be subject to suspension or revocation by the City Council for violation of
               any provision of this chapter, City Ordinance, rule or regulation or state law, or
               for grounds that should warrant the denial of the issuance of such license in the
               first instance, or for the violation of any law relating to or regulating massage
               establishments or massagist. The suspension or revocation of a license shall
               be accomplished pursuant to a hearing held before the City Council at which
               time evidence shall be received for the purpose of determining whether or not
               such license shall be suspended or revoked or retained. Following the hearing,
               if the license is suspended or revoked, the notification of and reasons for such
               decision shall be set forth in writing and sent to the licensee by means of
               registered or certified mail or hand delivery. Notice of such hearing shall be in
               writing, directed to and delivered to applicant by means of registered or
               certified mail or hand delivery at least ten days before such hearing.

         (Amended: Ordinance No. 1997-2)

4.0421   INJUNCTION RELIEF

         In addition to the legal remedies proved for in the City Ordinances, the operation of
         any massage establishment in violation of the terms of this article shall be deemed a
         public nuisance and may be enjoined by the City.

         (Amended: Ordinance No. 1997-2)



                                              28
4.0422   EXEMPTIONS

         This article shall not apply to the following:

         (1)   Physicians, surgeons, chiropractors, osteopaths, physical therapists,
               psychiatrists, psychologists, clinical social workers, family counselors and
               clergymen who are licensed to practice their respective professions in the state
               or who are permitted to practice temporarily under the auspices of an associate
               or establishment duly licensed business or profession.

         (2)   Nurses and hospital employees who are registered under the laws of this state
               while in the normal course of their duties.

         (3)   A trainer of any duly constituted athletic team while in the normal course of his
               duties.

         (4)   Any duly licensed establishment in which such persons practice their
               respective professions.

         (5)   Any establishment which offers massage as one part of a complete athletic,
               recreational or health facility or program, nor to persons employed by such
               establishments to perform massages.

         (Amended: Ordinance No. 1997-2)

4.0423   UNLAWFUL ACTS

         (a)   It shall be unlawful for any person in a massage establishment to place his or
               her hands upon, to fondle in any manner, or to massage a sexual or genital
               part of any other person.

         (b)   It shall be unlawful for any massagist in a massage establishment, to expose
               his or her sexual or genital parts or any portion thereof, to any other person.

         (c)   It shall be unlawful for any person, while in the presence of any other person in
               a massage establishment, to fail to conceal with a fully opaque covering the
               sexual or genital parts of their body.

         (d)   It shall be unlawful for any person owing, renting, leasing, operating, or
               managing a massage establishment knowingly to cause, allow, or permit, in or
               about such massage establishment, any agent, lessee, employee, or any other
               person under their control or supervision to perform such acts prohibited in
               subsections (a), (b) or (c) of this section.

         (e)   For the purpose of this section, the following words shall have the meaning
               assigned:
               Sexual or genital parts include the genitals, pubic area, anus, or perineum of
               any person, or the vulva or breasts of a female.

         (Amended: Ordinance No. 1997-2)


                                               29
4.0424   TRANSFER OF MASSAGE ESTABLISHMENT LICENSE.

         No massage establishment license shall be transferable.

         (Amended: Ordinance No. 1997-2)

4.0425   APPLICATION FEE

         Application fee for massage establishment license shall be set by Resolution, which
         fee must accompany the application. Said fee is not refundable.

         Applications fee for massagist license shall be set by Resolutions, which fee must
         accompany the application. Said fee is not refundable.

         (Amended: Ordinance No. 1997-2)

4.0426   PENALTY FOR VIOLATION

         Except as otherwise specifically provided, any person violating any provisions of this
         chapter, or failing to comply with any of the provisions thereof, shall upon conviction
         thereof be punished by a fine of not more than $200.00, or by imprisonment not
         exceeding thirty (30) days, or by both such fine and imprisonment.

         (Amended: Ordinance No. 1997-2)


CHAPTER 4.05 - SEXUALLY ORIENTED BUSINESSES AND EMPLOYEES
4.0501   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.

         (Amended: Ordinance No. 2005-22)

4.0502   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.

                                              30
“Adult Arcade” means any place to which the public is permitted or invited wherein
coin-operated 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

     (e)   maintains a substantial section of its interior business space for the sale
           or rental or 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

                                     31
           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 Harrisburg Finance Officer.

“City Council” means the Commission of the City of Harrisburg, 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 showing, selling, or renting materials rated NC-17 or R by the
Motion Picture Association of America.

“City” means City of Harrisburg, 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.

                                     32
“Hearing Body” shall be the City Council of the City of Harrisburg, 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. “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 4.0504 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 semi-nudity for money or any form of consideration in order to be observed,
sketched, drawn, painted, sculptured, photographed, or similarly depicted by other
persons.

                                     33
     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 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.

“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” or a “sexual encounter 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.

                                     34
         “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 22-24;

              (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:

              (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.

         “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.

         (Amended: Ordinance No. 2005-22)

4.0503   Classification.

                                              35
         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.

         (Amended: Ordinance No. 2005-22)

4.0504   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 4.0506:

               (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.




                                               36
               (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 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 4.0514 and 4.0518 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 4.0505 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.

         (Amended: Ordinance No. 2005-22)

4.0505   Issuance of license.


                                               37
(a)   Upon the filing of a completed application under 4.0504 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 4.0504 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.

      (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 4.0504(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 4.0404 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.


                                      38
               (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.

         (Amended: Ordinance No. 2005-22)

4.0506   Fees.

         (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.

         (Amended: Ordinance No. 2005-22)

4.0507   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.

         (Amended: Ordinance No. 2005-22)

                                                 39
4.0508   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
               4.0504 and 4.0506.

         (b)   Application for renewal should be made pursuant to the procedures set forth in
               4.0504 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.

         (Amended: Ordinance No. 2005-22)

4.0509   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.

         (Amended: Ordinance No. 2005-22)

4.0510   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.

         (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


                                              40
               (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 4.0511, 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.

         (Amended: Ordinance No. 2005-22)

4.0511   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 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.


                                              41
         (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.

         (Amended: Ordinance No. 2005-22)

4.0512   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.

         (Amended: Ordinance No. 2005-22)

4.0513   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.

         (Amended: Ordinance No. 2005-22)

4.0514   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
                     shall also designate the place at which the permit will be conspicuously

                                              42
      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

                                 43
                    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 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.

         (Amended: Ordinance No. 2005-22)

4.0515   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.

         (Amended: Ordinance No. 2005-22)

4.0516   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, and, upon conviction, shall be
               punishable by a fine not to exceed $200.00 and/or imprisonment in the County
               Jail for a period not to exceed thirty (30) days. Each day a violation is
               committed, or permitted to continue, shall constitute a separate offense and
               shall be fined as such.


                                               44
         (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.

         (Amended: Ordinance No. 2005-22)

4.0517   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.

         (Amended: Ordinance No. 2005-22)

4.0518   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 regularly appears
               semi-nude in a sexually oriented business to knowingly or intentionally touch 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


                                              45
         the entrance of the sexually oriented business in such a manner as to be clearly
         visible to patrons upon entry.

         (Amended: Ordinance No. 2005-22)

4.0519   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.

         (Amended: Ordinance No. 2005-22)

4.0520   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
         condition(s) 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.

         (Amended: Ordinance No. 2005-22)

4.0521   Location of sexually oriented businesses.

         (a)   Sexually oriented businesses shall not be required to obtain a conditional use
               permit or special use permit.

         (b)   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


                                               46
               (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.

         (c)   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 (b)(1)-(a)(2) above.

         (d)   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.

         (Amended: Ordinance No. 2005-22)

4.0522   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.

         (Amended: Ordinance No. 2005-22)

4.0523   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.

         (Amended: Ordinance No. 2005-22)




                                              47
                            TITLE 5 - OFFENSES
                                 [MINORS SDCL 26]

               Chapter 5.01 - Offenses Against Public Welfare
               Chapter 5.02 - Animals
               Chapter 5.03 - Fireworks and Firearms
               Chapter 5.04 - Minors
               Chapter 5.05 - Noise

CHAPTER 5.01 - OFFENSES AGAINST PUBLIC WELFARE
5.0101   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:

         1.   Commits an act in a violent and tumultuous manner toward another whereby
              that other is placed in danger of life, limb or health.

         2.   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.

         3.   Cause, 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 by law.

         4.   Interferes with another's pursuit of a lawful occupation by acts of violence.

         5.   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 a law enforcement officer or other authorized official.

         6.   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.

         7.   Resists or obstructs the performance of duties by a law enforcement officer or
              other authorized official.

         8.   Incites, attempts to incite, or is involved in attempting to incite a riot.

         9.   Addresses abusive language or threats to any law enforcement officer, or 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
              shall not be prohibited.



                                               48
         10.   Damages, befouls or disturbs public property or the property of another so as
               to create a hazardous, unhealthy or physically offensive condition.

         11.   Makes or caused 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 or common, whereby the pubic peace is broken or
               disturbed or the traveling public annoyed.

         12.   Fails to obey a lawful order to disperse by a law enforcement officer or other
               authorized official, where one or more persons are committing acts of
               disorderly conduct in the immediate vicinity, and the public health and safety is
               eminently threatened.

         As used above, the following definitions shall apply:

         1.    "Public place" - Any place to which the general public has access in the right
               resort for business, entertainment, or other lawful purpose, but does 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.

         2.    "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.

         3.    "Inciting riots" - Shall mean, but is not limited to, urging or instigating other
               persons to riots, but shall be deemed to mean the mere oral or written
               advocacy of ideas or expression 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 of lawful assembly,
               picketing, public speaking, or lawful means of expressing public opinion not in
               contravention with other laws. (SDCL 9-29-2 and 22-13-1)

5.0102   Open Containers. It shall be unlawful to drink any beer or alcoholic beverage or to
         possess any glass, can or other container containing beer or any alcoholic beverage
         on which the seal has been broken, in any public place, vacant building, automobile,
         street, alley, sidewalk or place of amusement or business establishment not
         authorized to sell beer or alcoholic beverages, unless approved by the City Council.
         (SDCL 35-1-5.3, SDCL 35-1-9.3)

5.0103   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

                                              49
         improvements thereto or moveable or personal property belonging to the City or to
         any person in the City. (SDCL 22-34-1)

5.0104   Tampering in General. No person in the City shall tamper with, injure, deface,
         destroy or remove any sign, notice, marker, fire hydrant, topographical survey
         marker or monument, or any other personal property erected or placed by the City.
         (SDCL 22-34-1)

5.0105   Indecency. It shall be unlawful for anyone within the City to:

         1.   Knowingly disseminate, distribute, or make available to the public any obscene
              materials.

         2.   Knowingly engage or participate in any obscene performance made available
              to the public.

         3.   Knowingly engage in commerce for commercial gain with materials depicting
              and describing explicit sexual conduct, nudity, or excretion utilizing displays,
              circulars, advertisements and other public sales efforts that promote such
              commerce primary on the basis of the prurient appeal.

         4.   Appear in any public state in a state of dress intended to make any indecent
              exposure of his or her person. No person shall appear in any public place
              nude or expose any genitalia.

         5.   No person shall defecate or urinate on any public or private property within the
              city.

         As used in this Section the following definitions shall apply:

         1.   "Obscene" - To the average person applying contemporary community
              standards, taken as a whole, that the predominate appeal of the matter appeals
              to the prurient interests and (i) depicts or describes patently offensive
              representations or descriptions of ultimate sexual acts, normal or perverted,
              actual or simulated; or (ii) depicts or describes patently offensive
              representations or descriptions of masturbation, excretory functions, or lude
              exhibits of the genitals; and which, taken as a whole, lacks serious literary,
              artistic, political or scientific value.

         2.   "Prurient interest" - Shameful or morbid interest in nudity, sex or excretion
              which goes substantially beyond customary limits of candor in description or
              representation.

         3.   "Material" - Any book, magazine, newspaper or other printed or written material
              or any picture, drawing, photograph, motion picture or other pictorial
              representation or any statue or other figure, or any recording, transcription or
              mechanical, chemical or electrical reproduction or any other articles, equipment
              or machines.

         4.   "Dissemination" - To transfer possession of, with or without consideration.


                                              50
         5.   "Knowingly" - Being aware of the character and content of the material.

         6.   "Promote" - To cause, permit, procure, counsel or assist.


CHAPTER 5.02 - ANIMALS

5.0201   Running at Large Prohibited. No owner of any dog, cat, or other animal held as a
         domestic pet in the City shall permit such animal to run at large at any time, and any
         such animal found at large may be impounded as hereinafter provided. Upon
         impounding, the owner of such animal may at any time within five (5) working days
         after the same shall have been impounded, reclaim the animal by paying the
         expense of keeping such animal. If any animal so impounded shall not be reclaimed
         within five (5) working days and all efforts to locate the owner have failed, the City is
         authorized to destroy, sell, or otherwise dispose of such animal.

         Any owner allowing their animal to run at large as defined in the provisions of this
         Section, if convicted, shall be guilty of a misdemeanor.

5.0202   Impoundment. The City Council shall be authorized to enter into a contract with
         some person, association or Humane Society to establish, operate and maintain an
         Animal Pound for the City. Such contract shall provide for the enforcement of this
         Chapter, for the impounding, destroying and disposal of animals, for a schedule of
         fees to be charged for services rendered, and for a monthly amount to be paid by the
         City. The City may, in lieu of the provisions of this Section, maintain its own
         impoundment area or quarters, under the supervision of the City Council.

         No person shall hinder, delay, or obstruct any law enforcement officer or other
         authorized official when engaged in capturing, securing or impounding any animal or
         animals.

5.0203   Compulsory Immunization of Animals for Rabies. Every dog, cat or other animal
         kept or present in the City, six months of age or older, shall be immunized against
         rabies by a licensed veterinarian. 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.

         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.

         Every dog, cat or other animal kept or present in the City, when off the premises of
         the owner, shall wear a neck collar and tags which clearly indicate the name and
         telephone number of the owner of the animal and that the rabies vaccine for the
         animal is current.

         Any animal impounded shall not be released 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


                                              51
         been previously performed. In addition, any animal impounded shall not be released
         to any person until all of the costs of impoundment have been paid by the owner of
         such animal.

         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 owner

         (Amended: Ordinance No. 2002-12)

5.0204   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 a law enforcement officer or a licensed
         veterinarian for a period not less than ten (10) days.

         At the end of the ten (10) observation period, the animal shall be examined by a
         licensed veterinarian and if cleared by the veterinarian, may be reclaimed 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.

         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 a law enforcement
         officer.

         Whenever law enforcement officer or other authorized official 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. The Council, upon receipt of said facts, may by
         proclamation, 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 approval 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 animal fail. All animals seized and impounded
         shall be held for observation as hereinbefore provided for not less than ten (10) 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.

5.0205   Vicious Animals.


                                              52
A.   An animal may be declared to be vicious by the Police Department or Animal
     Control Officer, under the following guidelines:

     1.   An animal which, in a vicious or terrorizing manner approaches in an
          apparent attitude of attack, or bites, inflicts injury, assaults or otherwise
          attacks a person or other animal upon the streets, sidewalks, or any
          public grounds or places; or

     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.   When the animal is declared to be vicious the Police Department shall notify
     the owner of such declaration in writing. Said notice shall be served either in
     person or by mailing such notice by certified mail.

C.   The following animals or any crossbreeds thereof are automatically deemed
     vicious:

     a.   Pitbull

     b.   Rottweiler

     c.   Doberman Pincer

     d.   Wolves

     e.   Coyotes

D.   The owner of an animal that has a vicious animal shall comply with the
     following:

     1.   Register the animal as vicious with the City and present proof of rabies
          vaccination and present proof of rabies vaccination on or before March 1
          of each and every year thereafter.

     2.   Whenever the animal is outdoors and attended, the animal shall be
          muzzled, on a leash no longer than six feet, and under the control of a
          person over 18 years of age.



                                    53
              3.    When the animal will be outdoors and unattended, the animal must be
                    locked in an escape proof kennel approved by the police department or
                    animal control officer. Minimum standards shall include the following:

                    a.   Fencing materials shall not have openings with a diameter of more
                         than two inches.

                    b.   Any gates within such pen or structure shall be lockable or of such
                         design to prevent the entry of children or the escape of the animal.

                    c.   The required pen or structure shall have secure sides and a secure
                         top. If the pen or structure has no permanent bottom secured to the
                         sides, the sides shall be imbedded into the ground or concrete.

                    d.   The pen or structure may be required to have double exterior walls
                         to prevent the insertion of fingers, hands, or other objects.

              4.    A universal sign denoting a vicious animal shall be displayed on the
                    kennel or enclosure and on a place visible from the sidewalk or road
                    adjacent to the property where the animal is kept.

         E.   The vicious animal shall be impounded by animal control at the owner’s
              expense until all provisions of section D are complied with. If the conditions in
              section D are not complied with within 10 days after receiving notice, the
              animal shall be euthanized in a humane manner and proof of euthanasia filed
              with the city office.

         F.   If a vicious animal has been running at large, or bites a person or bites another
              animal, the animal control officer or any police officer shall seize the animal by
              using such means as are necessary and summon the owner to appear in court
              to show cause why this animal shall not be destroyed. If the animal cannot be
              captured, it may be destroyed.

         G.   This section shall not be construed to apply to zoological parks, performing
              animal exhibitions or circuses.

         (Amended: Ordinance No. 2004-21)

5.0206   Disturbance of Peace by Animals. The owner of an animal shall not allow such
         animal to disturb the peace and quiet of the neighborhood, also construed to mean
         the City, through barking or any other manner possible. Upon complaint such owner
         will be notified by a law enforcement officer and said owner shall abate such
         nuisance. If convicted upon failure to abate such nuisance, said owner will be guilty
         of further violation for each day that such condition is allowed to exist or goes
         uncorrected.

5.0207   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


                                             54
         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 9-29-11)

5.0208   Poisoning Animals. 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,
         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 such animal.

5.0209   Stray, Abandoned, or Unkept Animals. No person shall harbor or keep any stray
         animals or abandon any animal within the City. Animals known to be strays shall be
         reported to a law enforcement officer immediately. (SDCL 9-29-12)

5.0210   Licensing of Pets Required. The owner or keeper of each dog or cat, or any other
         animal as required by City Council resolution, of the age of six (6) months or older
         shall, within thirty (30) days of the acquisition of such animal, or within thirty (30)
         days of the time such animal becomes six (6) months old, cause such animal to be
         licensed by the City.

         A license application shall be obtained from and returned to the Finance Officer. All
         license applications, as appropriate to the animal, shall be accompanied by a rabies
         and/or other vaccination certificate and the license fee, as established by City
         Council resolution.

         Such license shall be renewed annually during the month of original licensure.

         (Amended: Ordinance No. 1998-1)


CHAPTER 5.03 - FIREWORKS AND FIREARMS
5.0301   Fireworks Prohibited. The use, throwing, lighting, firing, display, or sale of fireworks
         within the City shall only be authorized in accordance with SDCL 9-34. The
         provisions of this Section shall not apply to any person, firm or corporation duly
         licensed by the City Council in accordance with Chapter 4.01 of this ordinance, to
         discharge fireworks for public entertainment at any pubic celebration in the City.
         (SDCL 9-33-1, SDCL 34-37)

5.0302   Carrying Concealed Weapons. No person shall carry concealed about his person, or
         display in a threatening manner, any dangerous or deadly weapon including but not
         limited to, any pistol or other firearm without a permit, brass knuckle or knuckles of
         other material, or any sandbag, dagger, bowie knife, dirk knife, or other dangerous or
         deadly weapon, or any instrument or device which when used is likely to produce
         death or great bodily harm. Any law enforcement officer may wear or carry such
         weapons as may be necessary and property for the discharge of his official duties.
         (SDCL 22-14-8, 22-14-9, 22-14-10)

5.0303   Discharging Weapon. No person shall discharge any pistol, gun, revolver, or other
         firearm, or any bow and arrow, or any device capable of firing a projectile either by
         air or compressed gas or any other means which would likely cause injury to any
         person, or discharge any dangerous weapon, within the city limits. Law Enforcement


                                              55
         officers in the performance of their duties are exempted. The city council may grant
         exceptions for special events or activity after a public hearing.


CHAPTER 5.04 - MINORS
5.0401   Curfew Hours for Minors Under Sixteen. No minor under the age of sixteen years
         shall be or remain in or upon the public streets, alleys, parks, playgrounds, public
         buildings, public places of amusement and entertainment, vacant lots or other
         unsupervised public places of the City, between the hours of 10:00 p.m. and 4:00
         a.m. of the following day.

5.0402   Curfew Hours for Minors Sixteen and Under Eighteen. No minor of the age of sixteen
         years and under the age of eighteen years shall be or remain in or upon the public
         streets, alleys, parks, playgrounds, public buildings, public places of amusement and
         entertainment, vacant lots or other unsupervised public places of the City, between
         the hours of 11:00 p.m. and 4:00 a.m. of the following day.

5.0403   Exceptions. The provisions of this Chapter shall not apply to a minor accompanied
         by his or her parent, guardian or their adult person having the care and custody of
         the minor or where the minor is upon an emergency errand or legitimate business
         directed or authorized by his or her parent, guardian or such other adult person
         having the care and custody of the minor. Any minor violating the provisions of this
         Chapter shall be dealt with in accordance with juvenile court law and procedure.

5.0404   Responsibility of Parents. It shall be unlawful for the parents, guardian or other adult
         person having the care and custody of a minor under the age of eighteen years to
         knowingly permit such minor to be or remain in or upon the public streets, alleys,
         parks, playgrounds, public buildings, public places of amusement and entertainment,
         vacant lots or other unsupervised public places of the City, between the hours of
         10:00 p.m. and 4:00 a.m. of the following day in the case of a minor sixteen years of
         age, or between the hours of 11:00 p.m. and 4:00 a.m. of the following day in the
         case of a minor sixteen years of age and under eighteen years of age except when
         the minor is accompanied by his or her parent, guardian or other adult person having
         the care and custody of the minor or when the minor is upon an emergency errand or
         legitimate business directed or authorized by his or her parent, guardian or other
         adult person having the care and custody of the minor.

5.0405   Responsibility of Officers. It shall be the right of any law enforcement officer or
         person to arrest and detain any minor violating the curfew and to keep said minor
         detained until parent, guardian or custodian is notified, when said minor may be
         released upon the giving of a promise by the minor and his or her parent, guardian or
         custodian that such minor together with his or her parent, guardian or custodian shall
         appear at a stated time before the proper authority to answer to the charges.

5.0406   Use or Purchase of Smokeless Tobacco by Minor. It shall be unlawful for any minor
         under the age of 18 to purchase, attempt to purchase, possess or consume a
         tobacco product.

         (Amended: Ordinance No. 2003-10)


                                              56
CHAPTER 5.05 - NOISE
5.0501   Definitions. For the purpose of this chapter, certain words and phrases used herein
         are defined as follows:

         Daytime means 6:00 a.m. to 10:00 p.m. the same day.

         District means a part, zone, or geographic area of the City within which certain
         zoning or development regulations apply.

         Emergency means any occurrence or set of circumstances involving actual or
         imminent physical trauma or property damage which necessitates immediate action.
         Economic loss shall not be the sole determining factor in the determination of an
         emergency. It shall be the burden of an alleged violator to prove an "emergency."

         Emergency work means any work made necessary to restore property to a safe
         condition following an emergency, or to protect property threatened by an imminent
         emergency, to the extent such work is necessary to protect persons or property from
         exposure to imminent danger or damage.

         Nighttime means 10:00 p.m. to 6:00 a.m. the following day.

         Noise means any sound which disturbs humans or other animals, or which causes or
         tends to cause an adverse psychological or physiological effect on humans or other
         animals.

         Noise disturbance means any sound which:

              1. Disturbs a reasonable person of normal sensitivities; or
              2. Is plainly audible as defined in this section.

         Person means any person, person's firm, association, copartnership, joint venture,
         corporation, or any entity public or private in nature.

         Plainly audible means any sound or noise produced by any source, or reproduced
         by a radio, tape player, television, CD player, electronic audio equipment, musical
         instrument, sound amplifier or other mechanical or electronic soundmaking device, or
         nonamplified human voice that can be clearly heard by a person using his/her normal
         hearing faculties.

         Property boundary means any imaginary line exterior to any enclosed structure, at
         the ground surface, and its vertical extension, which separates the real property
         owned by one person from that owned by another person.

         Public right-of-way means any street, avenue, boulevard, sidewalk, bike path or
         alley, or similar place normally accessible to the public which is owned or controlled
         by a governmental entity.

         Reasonable time for a radio, music or sound player or other mechanical
         soundmaking device or instrument within a motor vehicle is instantly. Otherwise,


                                             57
         absent special circumstances, "reasonable time" is 15 minutes in the case of
         nonvehicular sound emitters and two calendar days for vehicular sound emitters.

         Sound means an oscillation in pressure, particle displacement, particle velocity or
         other physical parameter, in a medium with internal forces that causes compression
         and rarefaction of that medium. The description of sound may include any
         characteristic of such sound, including duration, intensity and frequency.

         Weekday means any day Monday through Friday.

         (Amended: Ordinance No. 2009-05)

5.0502   Prohibited acts.

         A.   General prohibition. It shall be unlawful and a violation of this chapter to make,
              cause or allow the making of any sound that causes a noise disturbance, as
              defined in section 5.0501.

         B.   Specific prohibitions. In addition to the general prohibitions set out in
              subsection (A), and unless otherwise exempted by this chapter, the following
              specific acts, or the causing or permitting thereof, are hereby regulated as
              follows:

              1.    Radios, television sets, musical instruments and similar devices.

                    a.      Using, operating or permitting the use or operation of any radio
                            receiving set, musical instrument, television, phonograph, drum or
                            other machine or device for the production or reproduction of sound,
                            except as provided for in subsection (B)(2) of this section, in such a
                            manner as to cause a noise disturbance.

                    b.      The operating of any such device between the hours of 10:00 p.m.
                            and 6:00 a.m. the following day in such a manner as to be plainly
                            audible at the property boundary of the source or plainly audible at
                            50 feet from such device when operated within a vehicle parked on
                            a public right-of-way or plainly audible at 100 feet from such device
                            when operated within a moving vehicle.

              2.   Loudspeakers and public address systems.

                    a.      No person shall operate, or permit the operation of, any
                            loudspeaker, public address system or similar device, for any
                            commercial purpose:

                            i.    Which produces, reproduces or amplifies sound in such a
                                  manner as to create a noise disturbance; or

                            ii.   During nighttime hours on a public right-of-way.

                    b.      No person shall operate, or permit the operation of, any
                            loudspeaker, public address system or similar device, for any

                                               58
               noncommercial purpose, except those used for emergency systems
               or devices, during nighttime hours in such a manner as to create a
               noise disturbance.

     3.   Defect in vehicle. Operating or permitting to be operated or used any
          truck, automobile, motorcycle, or other motor vehicle which, by virtue of
          disrepair or manner of operation, causes a noise disturbance

     4.   Animals. No person shall own, possess or harbor an animal or bird that
          howls, barks, meows, squawks or makes other sounds that:

          a.   Create a noise disturbance across a residential real property
               boundary;

          b.   Are of frequent or continued duration for ten or more consecutive
               minutes; or

          c.   Are intermittent for a period of 30 or more minutes.

     5.   Standing motor vehicles. The operating or causing or permitting to be
          operated any motor vehicle or any auxiliary equipment attached thereto in
          such a manner as to cause a noise disturbance for a consecutive period
          longer than 15 minutes during which such vehicle is stationary in a
          residential zoning district.

     6.   Recreational vehicles and snowmobiles. Operating a recreational vehicle
          or snowmobile in a manner which causes a noise disturbance.

C.   Exemptions. The following uses and activities shall be exempt from the sound
     level regulations:

     1.   Nonamplified human voice, except yelling, shouting, whistling, hooting, or
          generally creating a racket such that it creates a noise disturbance during
          the nighttime hours in a residential area in other than time of emergency.

     2.   Sounds resulting from any authorized emergency vehicle when
          responding to an emergency call or acting in time of emergency.

     3.   Sounds resulting from emergency work as defined in section 5.0501.

     4.   Any aircraft operated in conformity with, or pursuant to, federal law,
          federal air regulations and air traffic control instruction used pursuant to
          and within the duly adopted federal air regulations; and any aircraft
          operating under technical difficulties in any kind of distress, under
          emergency orders of air traffic control, or being operated pursuant to and
          subsequent to the declaration of an emergency under federal air
          regulations.

     5.   All sounds coming from the normal operations of interstate motor and rail
          carriers, to the extent that local regulation of sound levels of such vehicles


                                    59
                    has been preempted by the Noise Control Act of 1972 (42 U.S.C. § 4901
                    et seq.) or other applicable federal laws or regulations.

              6.    School outdoor concerts and music activities including marching band
                    activities, sporting activities with musical components, art festivals, and
                    student fund-raisers.

              7.    Religious organizations conducting worship services outdoors with
                    musical components.

              8.    The City of Harrisburg, including, but not limited to, parks and recreation
                    unit sponsored activities with musical components.

              9.    Permits issued by the City.

              10.   Any nonamplified noise generated by noncommercial public speaking
                    activities conducted on any public property or public right-of-way pursuant
                    to legal authority.

              11.   Sounds produced at organized sporting events, by fireworks and by
                    permitted parades on public property or public right-of-way.

         (Amended: Ordinance No. 2009-05)

5.0503   Special permits.

         A.   Permit process.

              1.    Applications for a special permit for relief from the noise restrictions in this
                    chapter may be made in writing to the Finance Officer.

              2.    The permit application shall include the name, address and telephone
                    number of the permit applicant; the date, hours and location for which the
                    permit is requested; and the nature of the event or activity. If the
                    proposed activity or event will involve entertainment, the City may also
                    request the name and contact information for such individual(s). The
                    application must be submitted at least ten days in advance of the event,
                    not including holidays and weekends.

              3.    Payment of a fee of $50.00.

              4.    Any permit granted must be in writing and shall contain all conditions
                    upon which the permit shall be effective.

              5.    The Finance Officer may prescribe any reasonable conditions or
                    requirements he/she deems necessary to minimize noise disturbances
                    upon the community or the surrounding neighborhood, including use of
                    mufflers, screens or other sound-attenuating devices.

              6.    The permit shall be posted at the activity.


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         B.   Permits may be granted under the following conditions:

              1.   The permit shall be limited to a single day.

              2.   Permits shall be effective only between the hours of 6:00 a.m. and 12:00
                   a.m. (midnight).

              3.   No permit shall be issued to any applicant or any activity convicted of a
                   violation or if pending conviction of this chapter within the same calendar
                   year.

         C.   Upon receipt of a properly executed and signed application, the City of
              Harrisburg shall issue a special noise permit to the applicant, which permit shall
              exempt the premises specified in the permit from the provisions of this chapter
              for the date specified in the permit, except that sound emitted from the
              premises shall in no way be plainly audible 1,000 feet from the property
              boundary.

         (Amended: Ordinance No. 2009-05)

5.0504   Measurement or assessment of sound.

         A.   Any police officer or other official designated by the City Council who hears a
              noise or sound that is plainly audible, as defined in section 5.0501, in violation
              of this chapter, shall assess the noise or sound according to the following
              standards:

              1.   The primary means of detection shall be by means of the official's normal
                   hearing faculties, so long as the official's hearing is not enhanced by any
                   mechanical device, such as a hearing aid.

              2.   The official must have a direct line of sight and hearing to the real
                   property of the source of the sound or noise so that the official can readily
                   identify the offending source of the sound or noise and the distance
                   involved. If the official is unable to have a direct line of sight and hearing
                   to the real property of the source of the sound or noise, then the official
                   shall confirm the source of the sound or noise by approaching the
                   suspected real property source of the sound or noise until the official is
                   able to obtain a direct line of sight and hearing, and identify the identical
                   or same sound or noise that was heard at the place of original
                   assessment of the sound or noise.

              3.   The official need not determine the particular words or phrases being said
                   or produced or the name of any song or artist producing the noise or
                   sound. The detection of a rhythmic bass reverberating type of noise or
                   sound is sufficient to constitute a plainly audible noise or sound.

         (Amended: Ordinance No. 2009-05)

5.0505   Violation procedures.


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A.   Violation of sound level limits.

     1.   Warnings:

          a.    When a designated official of the City determines that there is a
                violation of section 5.0502, the official shall issue a written warning
                to the person or persons responsible for the sound. The warning
                shall advise the person of the violation, and of the possible penalty if
                the person fails to eliminate the sound or reduce the sound so that it
                is within permitted limits.

          b.    The person or persons receiving the warning shall have a
                reasonable time, as defined in section 5.0501, to comply with the
                warning.

          c.    For the purposes of this section, it is sufficient warning for all
                prohibited sounds if the person or persons responsible for any
                succeeding sounds are warned of, or cited for, one or more
                offending sounds of the same type in the same calendar year. In
                the situation of a business with current ownership less than one
                year, current ownership would not be responsible for violations prior
                to ownership of the business.

     2.   Citation.

          a.    If the sound is not eliminated or is not reduced to allowable limits
                within a reasonable time after the warning, or if the noise or sound is
                abated after warning and then reoccurs, the person so warned and
                not complying shall be cited for a violation of this chapter.

B.   Other limits; complaint procedure.

     1.   Any complaint regarding a sound or noise disturbance based solely on its
          disturbing a reasonable person of normal sensitivities must be filed by a
          person who is disturbed by the sound or noise. The burden of proof of
          this complaint will be on the complainant if the complaint results in a
          hearing before a judge. The complaint may be filed at the time of the
          disturbance or within a reasonable period of time after the fact.

     2.   When a complaint has been received, a designated official shall
          investigate the charges. If the official finds probable cause to believe the
          owner/operator is in violation of this chapter, the official shall issue a
          warning to cease and desist the violation.

     3.   If the owner/operator does not take corrective action within a reasonable
          time as defined in section 5.0501, or if the noise or sound is abated after
          warning and then reoccurs, the official may issue a citation or file a sworn
          complaint with the City and/or the police department. For purposes of
          section 5.0502 (B)(4) (animal noises), the noise will be considered to be
          unabated, or abated and reoccurring, if the official hears the same noise


                                        62
          more than ten minutes after issuing the warning; and the official may then
          issue a citation based on this violation.

C.   Joint and several responsibility. The owner, tenant or lessee of property, or a
     manager, overseer or agent, or any other person lawfully entitled to possess
     the property from which the offending sound is emitted at the time the offending
     sound is emitted, shall be responsible for compliance with this chapter. It shall
     not be a lawful defense to assert that some other person caused the sound.
     The lawful possessor or operator of the premises shall be responsible for
     operating or maintaining the premises in compliance with this chapter and shall
     be punished whether or not the person actually causing the sound is also
     punished.

D.   Any person who violates any provision of this ordinance shall be subject to a
     fine for each offense of one hundred twenty-five dollars ($125.00) plus court
     costs, and each subsequent violation in the same calendar year shall result in
     an increase in the fine of twenty-five dollars ($25.00) per subsequent violation
     (i.e. one hundred twenty-five dollars [$125.00] for the first offense, one hundred
     fifty dollars [$150.00] for the second offense, one hundred seventy-five dollars
     [$175.00] for the third offense, etc. plus court costs). If the violation is of a
     continuing nature, each day during which it occurs shall constitute an
     additional, separate, and distinct offense.

(Amended: Ordinance No. 2009-05)




                                    63
     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 Removal
               Chapter 6.04 - Moving Buildings
               Chapter 6.05 - Municipal Trees
               Chapter 6.06 - Municipal Parks

CHAPTER 6.01 - STREET NAMES AND ADDRESSES
6.0101   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 Finance Office. All east-west thoroughfares shall be designated as streets and
         all north-south thoroughfares shall be designated as avenues. Other streets shall be
         named in accordance with guidelines included in the City subdivision regulations.
         Any such act of naming, establishing, or vacating any street, alley or public way in
         the City shall be so designated on such map.

6.0102   Numbering Plan. A street 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 with the Finance Officer. The
         Finance Officer shall be responsible for assigning new numbers and updating the
         listing of such numbers and the location map.

6.0103   Central Point. The dividing line for numbering on all avenues running north and
         south shall be Willow Street. The dividing line for numbering all streets running east
         and west shall be 1,320 feet west of the centerline of Section 36, Township 100
         North, Range 50 West and Section 1, Township 99 North, Range 50 West. All
         avenues and parts of avenues running south from Willow Street shall be designated
         by prefixing to the names thereof the word "South", and all avenues and parts of
         avenues running north from Willow Street shall be designated by prefixing to the
         names thereof the word "North". In like manner all streets and parts of streets
         running west from the east-west dividing line shall be designated by prefixing to the
         names thereof the world "West", and all streets and parts of streets running east
         from the east-west dividing line shall be designated by prefixing to the names thereof
         the word "East".

6.0104   Number Specifications. Each numeral of the street number displayed pursuant to
         the provisions of this Chapter shall not be less than two (2) inches in width and not
         less than three (3) inches in height. The street number shall be so located on the
         structure such that it is clearly visible from the street.

6.0105   Numbering Intervals. All buildings shall be numbered consecutively in units as
         provided by this Section, and all blocks consecutively in even hundreds. All

                                             64
         numbering on east and west thoroughfares shall begin at the: dividing line 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 and proceed outward to the limits
         of the City, placing odd numbers on the west side and even numbers on the east
         side 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 building on the south side of an east-west 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.

6.0106   Noncompliance. If the owner or occupant of any dwelling, business or other building
         fronting on a street or avenue within the City shall fail, refuse or neglect to place the
         number, or replace the number when necessary, the City Council may cause a
         notice to be served by registered mail on the owner or occupant at the owner or
         occupant's last known address, ordering the appropriate action. In case of failure of
         such owner or occupant to comply with such notice within thirty (30) days after
         receipt thereof, such person shall be guilty of a misdemeanor and shall be punished
         as such according to law.


CHAPTER 6.02 - STREET, SIDEWALKS, CURB AND GUTTER
6.0201   Street Surfacing. The hard surfacing of streets shall be at the expense of the owners
         of property abutting the street(s) to be surfaced, with materials to be approved by the
         City Council. 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. The cost of each street or alley intersection
         shall be assessed on a front footage basis to all lots or property included within a
         project area. (SDCL 9-45-31)

6.0202   Street Excavations. No person shall make or cause to be made any excavation
         except as hereafter provided, in or under any street, sidewalk, alley, or public ground
         or remove any earth, soil, paving, gravel or materials therefrom without first having
         called One Call. Application for such approval shall state where such excavation is
         to be made, the extent thereof, and the purpose of such excavation.

6.0203   Excavation Permits. Applications for excavations other than emergency situations
         may require a deposit in such sum as deemed necessary by the City Council to
         ensure proper replacement and refilling of any such excavation or to cover the costs
         of any damages which may be caused by such excavation. Any required deposit
         shall be paid to the City before approval of an application is made and any unused
         portion of said deposit shall be refunded to the applicant upon recommendation and
         approval of the City Council.

6.0204   Excavation Repairs. Approval for any excavation covered by this Chapter shall be
         issued only upon the express condition that the applicant shall refill such excavation
         in accordance with the requirements of the City Council, and shall restore the

                                              65
         pavement or surfacing, as the case may be, to its former condition. The City Council
         shall adopt and amend as necessary such requirements which shall set forth the
         manner in which various types of excavations shall be backfilled or refilled and the
         manner in which any street surfacing shall be replaced. Applicant shall be
         responsible for said excavation for a period of two years.

6.0205   Excavation Inspections. It shall be the duty of authorized City personnel to inspect
         all authorized excavation work at any stage of construction and to ensure compliance
         with approved requirements. If all backfilling, refilling, or surfacing is not completed
         in accordance with approved requirements, notice thereof in writing shall be given to
         the applicant, who shall put the same in proper order within a maximum of ten (10)
         days. If the applicant fails after such notice to complete all requirements, the City
         Council may authorize the necessary repairs and such applicant shall pay the costs
         thereof.

6.0206   Excavation Barriers. Any person receiving approval to make excavation 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 day and night
         suitable guards, fences, flares, and signals so as to prevent injury to persons,
         animals, or vehicles on account of such excavations. No open trench shall be left
         open for any more time than considered absolutely necessary or reasonable.

6.0207   Sidewalks. Unless otherwise determined by the City Council, the inside of the
         sidewalk shall be the property line. Sidewalk construction shall include base
         materials of three inches in thickness, of approved materials. Sidewalks shall be no
         less than three and one-half inches in thickness, of Portland Cement Construction,
         and not less than four feet nor more than five feet wide in residential areas, with
         slope toward street of one-fourth inch per foot. When considered necessary and
         advisable for the peace, welfare, and safety of the people, the City Council may
         direct that new sidewalk be constructed and assessed to any abutting property
         owner in accordance with SDCL 9-46.

6.0208   Driveway Approaches. No driveway approaches shall protrude or extend into the
         streets beyond the curb line, unless otherwise authorized by the City Council.
         Concrete driveway approaches shall be of four-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.

6.0209   Curb and Gutter. Curb and gutter shall be of Portland Cement Construction, not less
         than 3,000 PSI, with curb six (6) inches in width, and extending six (6) inches above
         the gutter. Gutter shall be of six and one-half (6.5) inch thickness, extending twenty-
         four (24) inches into the street. The City Council may direct that curb and gutter be
         constructed at the cost assessed against any abutting property owner. (SDCL 9-45-
         5)

6.0210   Permits. When constructed separately from an over all construction project, property
         owners or their agents shall submit applications for permits for approval by the City
         Council for sidewalks, driveway approaches, curbs, or curb and gutter. When these
         improvements are constructed simultaneously or as one project, only one application
         is necessary to include all improvements, and where any or all are part of new

                                             66
         construction projects, only one permit for the overall construction shall be issued. All
         improvements, installations, and engineering recommendations shall be in
         conformance with specifications or recommendations approved by the City Council.

6.0211   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 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 according to the most current American National Standards
         Specifications published by the American National Standards Institute or according
         to Americans with Disabilities Act specifications. {SDCL 9-46-1.1, SDCL 9-46-1.2}

6.0212   Permission to Deposit Materials. No person shall deposit, place, store, or maintain,
         upon any public place of the municipality, including street rights-of-way, any
         dumpster, container, stone, brick, sand, concrete or any other materials. Violations
         of this section shall constitute a Class 2 Misdemeanor.


CHAPTER 6.03 - SNOW 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 to
         cause any accumulated snow to be removed within twenty-four (24) hours after the
         termination of any snowfall, or snow accumulation.

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 upon such property in such manner that any snow when
         removed shall not be deposited upon any sidewalk, within or upon any public street
         or alley, after such public street or alley has been cleared of snow by grading of such
         snow away from the curb or picking up and carrying away of such snow by the City,
         or in a manner that will obstruct or interfere with the passage or vision of vehicle or
         pedestrian traffic.

6.0303   Removal Costs Assessed. In the event any owner, tenant, or person in possession
         of any property shall neglect or fail to or refuse to remove such snow or ice within the
         time provided, any authorized officer with the City may issue a citation for such
         violation and the City Council may authorize such removal with the costs to be
         assessed against the abutting property owner. (SDCL 9-30-5)


CHAPTER 6.04 - MOVING BUILDINGS
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 9-30-2)

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

                                              67
         building, a description of the lot on which such building is standing and the lot to
         which it is to be moved, if located in the City, the route along which it is proposed to
         move such building, and the length of time which may be consumed in such moving.
         Any application so filed shall be considered by the City Council for approval, and any
         other conditions to be complied with by the applicant, shall be stated.

6.0403   Surety Bonds. No license shall be granted until the applicant shall file with the
         Finance Officer a bond running to the City in the penal sum to be established by the
         City Council, with sufficient surety, and conditioned that the applicant will promptly
         repair and make good, to the satisfaction of the Council, any and all damage to any
         pavement, sidewalk, crosswalk, hydrant, street, alley, or other property, done or
         caused by himself or his 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 any
         negligence or misconduct or act on his part or the part of his agents or employees, in
         connection with the moving of said 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 twenty-four (24)
         consecutive hours.

6.0405   Permission of Property Owners. No moving license 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. (SDCL 9-34-1)


CHAPTER 6.05 - MUNICIPAL TREES
6.0501   Authority and Jurisdiction. The City Council shall have the authority and jurisdiction
         of regulating the planting, maintenance, and removal of trees on streets and other
         publicly owned property to insure the public safety and to preserve the aesthetics of
         such public sites. The City Council and the Park and Recreation Board shall have
         the authority to determine the type and kind of trees to be planted upon municipal
         streets or in parks and may assist in the dissemination of news and information
         regarding the selection, planting, and maintenance of trees within the corporate limits
         or within the area over which the City has jurisdiction, whether the same be on
         private or public property, and to make recommendations from time to time as to
         desirable statutes concerning the tree program and activities for the City.

         Certain species of trees shall be prohibited from being planted in the street right-of-
         way for any of the following reasons: high susceptibility to disease, production of
         large or messy fruit, and growth habit. The following species of trees are prohibited
         from being planted in the street right-of-way:




                                              68
SCIENTIFIC NAME                  COMMON NAME            REASON(S) FOR PROHIBITION

Acer saccharinum                 Silver Maple           All varieties prohibited except Northline
                                                        and Silver Queen. Typically shallow rooted,
                                                        causing sidewalks and curbs to heave and
                                                        break; also weak crotched, making them
                                                        subject to severe wind damage.

Betula sp.                       Birch                  All varieties prohibited except River Birch
                                                        (Betula nigra). White barked birch are highly
                                                        susceptible to the bronze birch borer which
                                                        ultimately causes death of the tree.

Gleditsia triacanthos            Common                 Dangerous thorns and messy seed pods.
                                 Honeylocust

Juglans sp.                      Walnut                 All varieties prohibited. Produce large
                                                        fruit which make a mess on streets and
                                                        sidewalks; also produce the chemical
                                                        "Jugalone" which inhibits growth of turf
                                                        beneath the tree.

Malus sp.                        Crabapple              All varieties prohibited. Produce fruit
                                                        which make a mess on streets and
                                                        sidewalks.

Populus sp.                      Cottonwoods            All varieties prohibited. Poplar roots
                                 and Poplars            cause broken curbs and sidewalks; rapid
                                                        growth, making them subject to severe wind
                                                        damage.

Salix sp.                        Willow                 All varieties prohibited.  Subject to wind
                                                        damage; growth habit of most varieties not
                                                        compatible with right-of-way planting.

Ulmus americana                  American Elm           Susceptible to Dutch Elm Disease.

Ulmus pumila                     Siberian Elm           Susceptible to canker; short lived.

Evergreen trees                                         All varieties prohibited. Create traffic
                                                        hazards and may impede pedestrian
                                                        movement.

Shrubs                                                  All varieties over one foot in height
                                                        prohibited. Create traffic hazards and may
                                                        impede pedestrian movement.

Any person or persons planting prohibited trees or shrubs in street right of way area shall be
given notice to remove the trees or shrubs, and in failing to do so the City is authorized to
remove such plants and assess the owner of the property for the removal costs.

The following species of deciduous shade trees are recommended for planting in the street
right-of-way, as well as other areas where shade trees are required:



                                                69
   6.0502      Duties of Property Owners. It shall be the duty of any person owning or occupying
               real property bordering on any street upon which property there may be shrubs or
               trees, to prune or remove such shrubs or trees in such manner that they will not
               obstruct or shade the street lights, obstruct the passage of pedestrians on sidewalks,
               obstruct vision of traffic signs, or obstruct view of any street or alley intersections,
               except where such services are provided for by utility firms. It shall also be the duty
               of such person to prune or remove shrubs or trees located in the street right-of-way
               adjacent to their property. Removal shall be required when such shrubs or trees are
               diseased, dead, of a prohibited species, or pose a safety hazard or nuisance. The
               person owning or occupying such real property shall be responsible for pruning
               shrubs and trees when they violate clearance requirements. The minimum
               clearance of any overhanging portion thereof shall be ten (10) feet whenever
               practicable, and twelve (12) feet over all streets except truck thoroughfares where
               the clearances shall be fourteen (14) to sixteen (16) feet, unless otherwise
               determined by the City Council.

   6.0503      Abuse of Trees. Unless otherwise specifically authorized by the City Council, no
               person shall intentionally damage, cut, carve, transplant, or remove any tree; attach
               any rope, wire, nails, advertising posters, or other contrivance to any tree, allow any
               gaseous liquid or solid substance which is harmful to such tree to come in contact
               with them, or set fire or permit any fire to burn when such fire or heat thereof will
               injure any portion of any tree.

   6.0504      Removal of Hazards. Where any tree branches or hedges protrude or overhang on
               any thoroughfare within the City so as to be determined as in violation with this
               Chapter or affecting motor vehicle traffic and good maintenance practices,
               notification shall be given by the City Council to the property owner or remove such
               obstructions or undesirable branches or hedges within a prescribed time period. If
               not completed within such time, the City Council may take immediate action to have
               such items removed with all costs assessed to the property owner. (SDCL 9-38-2)


CHAPTER 6.06 - MUNICIPAL PARKS
6.0601      Park Hours. Parks shall be open to the public every day from 5:00 a.m. to 10:00 p.m.
            No one shall be permitted to be in the parks during any other hours unless one has a
            valid permit obtained from the City Council. Any part of the park may be closed to the
            public by the City if found reasonably necessary and notice of such closing posted
            prominently. It shall be unlawful for anyone to go into any area of any park after closing
            hours and before opening hours the next day, or when any area has been declared to be
            closed by the City Council.

6.0602      Vehicles Prohibited. It shall be unlawful for anyone to park or leave parked a vehicle
            within any park after closing hours.




                                                    71
                          TITLE 7 - TRAFFIC CODE
                       [TRAFFIC REGULATIONS SDCL 9-31]

                Chapter 7.01 - General Provisions
                Chapter 7.02 - Operation of Vehicles
                Chapter 7.03 - Vehicle Equipment
                Chapter 7.04 - Speed Restrictions
                Chapter 7.05 - Parking, Stopping
                Chapter 7.06 - Trucks
                Chapter 7.07 - Snowmobiles
                Chapter 7.08 - Miscellaneous Provisions
                Chapter 7.09 - Parking of Vehicles, Trailers, Recreational
                               Vehicles and Bicycles

CHAPTER 7.01 - GENERAL PROVISIONS
7.0101   Duty to Enforce. It shall be the duty of law enforcement officers to enforce these
         traffic regulations and all of the state vehicle laws applicable to street traffic in the
         City, to make arrests for traffic violations, to investigate accidents and to cooperate
         with other officials in the administration of these traffic laws. (SDCL 9-29-19)

7.0102   Directing Traffic. Law enforcement officers shall direct traffic in conformance with
         traffic laws and ordinances provided that in the event of a fire or other emergency, or
         to expedite traffic or to safeguard pedestrians, Fire Department personnel may direct
         traffic as conditions may require.

7.0103   Obedience to Enforcement. No person shall refuse or fail to comply with any lawful
         order, signal or direction of any law enforcement officer, or refuse to submit to any
         lawful inspection or fail to comply with the provisions or requirements of any warning
         thicket issued under this Title.

7.0104   Exemptions to Authorized Emergency Vehicles. The provisions of this Title
         regulating the movement, parking, and standing of vehicles shall not apply to
         authorized emergency vehicles while the operator of such vehicle is operating the
         same in an emergency in the necessary performance of public duties. This
         exemption shall not, however, exempt the driver of any such vehicle from the
         consequence of a reckless disregard of- the safety of others.

7.0105   Application to Workers and Equipment. The provisions of this Title shall not apply to
         persons, motor vehicles and other equipment while actually engaged in work upon
         the surface of a street, but shall apply to such persons and vehicles when traveling to
         or from such work; provided however, such persons and vehicles shall not
         indiscriminately block traffic, but shall allow reasonable room on the traveled portion
         of the street for other vehicles to pass.




                                               72
7.0106    Authority to Install Traffic Control Devices. The City Council shall place and maintain
          traffic control signs, signals, and devices when and as required under this Title to
          make effective the provisions of said Title, and may place and maintain such
          additional traffic control devices as may be necessary to regulate traffic. (SDCL 32-
          14-5)

7.0107    Definitions. When in this Title the following terms are used they shall have the
          meanings respectively ascribed to them in this Section.

          1.    "Authorized Emergency Vehicle" - Vehicles of any fire department, police
                vehicles, and such ambulances and emergency vehicles of municipal
                department or public services corporations as are designated or authorized by
                the City Council.

          2.    "Law Enforcement Officer" - Any police officer or other law enforcement
                personnel approved by the City Council to enforce the provisions of the
                ordinances of the City.

          3.    "Motor Vehicle" - Every vehicle, as herein defined, which is self-propelled.

          4.    "Operator" - Any person who is in actual physical control of a vehicle.

          5.    "Parking" - The standing of a vehicle whether attended or unattended, upon a
                roadway or street otherwise than temporarily for the purpose of and while
                actually engaged in loading or unloading, or in obedience to traffic regulations,
                signs, or signals.

          6.    "Vehicle" - Every device in, upon or by which any person or property is or may
                be transported or drawn upon a public highway.

7.0108    Obedience to Traffic Control Devices. The operator of any vehicle shall obey the
          instructions of any official traffic control device applicable thereto placed or held in
          accordance with the provisions of this Title unless otherwise directed by a law
          enforcement officer subject to the exceptions granted the driver of an authorized
          emergency vehicle in this Chapter.


CHAPTER 7.02 - OPERATION OF VEHICLES
7.0201    No Valid License. No person may drive any motor vehicle upon any streets of the
          City unless the person has a valid driver license.

          (Amended: Ordinance No. 2003-11)

7.0201.1 Driving While License is Suspended or Canceled. No person shall drive a motor
         vehicle on any streets of this City at a time when his privilege is suspended or
         canceled.

          (Amended: Ordinance No. 2003-11)



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7.0201.2 License Required to Operate Motorcycle, Moped, or ATV. No person may operate a
         motorcycle, except a moped or a licensed all-terrain vehicle as defined by South
         Dakota Codified Laws, on the public streets or highways without a motor vehicle
         driver's license or permit upon which a state testing officer has certified that such
         person is qualified to operate such motorcycle. No person may operator a moped or
         licensed all-terrain vehicle without a valid motor vehicle operator's license or permit

           (Amended: Ordinance No. 2003-11)

7.0202     License Plates. No person shall operate or drive a motor vehicle within the City
           without having conspicuously displayed thereon number license plates as required
           by state law, securely fastened, and which shall be kept free from mud, dirt or other
           obstruction so that the numbered license plates shall be clearly legible by other
           persons upon the highway.

7.0202.1 Expired Plates. No person shall operate a motor vehicle without the current license
         plate displaying the proper validation sticker.

           (Amended: Ordinance No. 2003-11)

7.0203     Drive on Right Side of Street. Upon all streets the operator of a vehicle shall drive
           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 impractical to travel on
           such side of the street, and except when overtaking and passing another vehicle
           subject to the limitations applicable to overtaking and passing set forth in this Title.
           (SDCL 36-26-1)

7.0203.1 Illegal Passing. No driver of a motor vehicle within a business or residential district
         shall deviate from his direct line of travel without ascertaining that such movement
         can be made with safety to other vehicles approaching from the rear and when about
         to overtake and pass another vehicle.

           (Amended: Ordinance No. 2003-11)

7.0204     Vehicles Shall Not Be Driven on Sidewalk. The operator of any vehicle except
           bicycles shall not drive within any sidewalk area except at a permanent or temporary
           driveway. (SDCL 32-26-21.1)

7.0205     Operation of Vehicles on Approach of Authorized Emergency Vehicle. Upon the
           approach of any authorized emergency vehicle or vehicles giving audible signal by
           lights or siren, the operator of every other vehicle shall immediately drive the same to
           a position as near as possible and parallel to the right-hand edge or the curb of the
           street, clear of any intersection, and shall stop and remain in such position until the
           authorized emergency vehicle or vehicles shall have passed, unless otherwise
           directed by a law enforcement officer. (SDCL 32-31-6)

7.0205.1 Operation of Vehicles on Approach of School Bus. The operator of a motor vehicle
         on any street meeting or overtaking a school bus on which the amber warning lights
         are flashing shall reduce the speed of his vehicle to not more than twenty miles per
         hour and proceed past the school bus with caution. The operator of a motor vehicle
         when he meets or overtakes a school bus on which the red signal lights are flashing

                                                74
          shall bring his vehicle to a complete stop not closer than fifteen feet from the school
          bus and shall remain stopped until the flashing red signal lights are extinguished.

          (Amended: Ordinance No. 2003-11)

7.0206    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. (SDCL 32-30-20)

7.0206.1 Unsafe Backing Prohibited. The driver of a vehicle may not back the vehicle unless
         such movement can be made with safety and without interfering with other traffic.

          (Amended: Ordinance No. 2003-11)

7.0207    Reckless Driving. Any person who drives any vehicle upon a street, avenue, or alley
          carelessly and heedlessly in disregard of the rights or safety of others, or without due
          caution, and at a speed or in a manner so as to endanger or be likely to endanger
          any person or property, shall be guilty of reckless driving.

7.0208    Carless Driving. Any person who drives any vehicle carelessly and without due
          caution, at a speed or in a manner so as to endanger any person or property, not
          amounting to reckless driving as defined in the previous Section, shall be guilty of
          careless driving.

7.0209    Exhibition Driving. Any person who drives any vehicle within the limits of the City in
          such a 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 away, shall be guilty of exhibition
          driving.

7.0210    Right-of-Way at Intersection. The right-of-way rule as between vehicles at
          intersections is hereby declared as follows:

          1.    The operator of a vehicle approaching an intersection shall yield the right-of-
                way to a vehicle which has fully entered the intersection.

          2.    When two vehicles approach an intersection at approximately the same time,
                the operator of the vehicle at the left shall yield the right-of-way to the vehicle
                on the right.

          3.    The operator of any vehicle traveling at an unlawful speed shall forfeit any
                right-of-way which he or she may otherwise have hereunder. (SDCL 32-26-12)

7.0211    U-Turn at Intersection. At any intersection where warned by traffic control sign
          displaying the words "No UTurn", it shall be unlawful for the operator of a vehicle to
          turn such vehicle at the intersection in a half circle so as to proceed in the opposite
          direction.

7.0212    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 form the
          opposite direction which is within the intersection, or so close thereto as to constitute

                                                75
           an immediate hazard. The 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.

7.0213     Turn Around in Midblock Prohibited. The operator of a vehicle shall not turn such
           vehicle so as to park in the opposite direction except at an intersection.

7.0214     Action Required at Stop Sign. Except when directed to proceed by a law
           enforcement 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 intersection 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 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.

7.0215     Action Required at Yield Sign. The operator of a vehicle approaching an authorized
           sign 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.

7.0216     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.

7.0216.1 Stop Required at Railroad. Any person driving a vehicle approaching a railroad
         grade crossing which has a clearly visible or audible signal giving warning of the
         immediate approach of a railway train or car shall bring such vehicle to a complete
         stop at least fifteen feet before the nearest rail of such railroad but not further than
         fifty feet, and may not proceed until he can do so safely.

           (Amended: Ordinance No. 2003-11)

7.0217     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 the block, and for any school crossing guard
           displaying a stop signal, except at intersections where the movement of traffic is
           being regulated by law enforcement officers or traffic control signals. Whenever any

                                                76
         vehicle has stopped at a marked crosswalk or at any intersection or for school
         crossing guards 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.

7.0218   Interfering with Snow Removal Equipment. No person shall operate a vehicle within
         such a distance or follow any municipal, county or state snowplow so as to interfere
         with the snow removal operations, within city limits. Any vehicle operation which
         causes the snow plow operator to abruptly swerve, steer, stop or divert the snow
         plow from such snow removal operations shall be strictly prohibited.

7.0219   Following Too Close. The driver of a motor vehicle may not follow another vehicle
         more closely than is reasonable and prudent, having due regard for the speed of
         such vehicles and the traffic upon and condition of the street.

         (Amended: Ordinance No. 2003-11)

7.0220   Seat Belts Required - Operators duty. Any operator of a passenger vehicle operated
         on a public street transporting a passenger who is at least five and under eighteen
         years of age shall assure that the passenger is wearing a properly adjusted and
         fastened safety seat belt system, required to be installed in the passenger vehicle if
         manufactured pursuant to Federal Motor Vehicle Safety Standard Number 208 (49
         C.F.R. 571.208) in effect January 1, 1989, at all times when the vehicle is in motion.

         Any operator of any passenger vehicle operated on a public street who is at least
         fourteen years of age and under eighteen years of age shall wear a properly
         adjusted and fastened safety seat belt system, required to be installed in the
         passenger vehicle if manufactured pursuant to Federal Motor Vehicle Safety
         Standard Number 208 (49 C.F.R. 571.208) in effect January 1, 1989, at all times
         when the vehicle is in motion.

         (Amended: Ordinance No. 2003-11)

7.0221   Seat Belts Required - Passengers Duty. Any passenger of any vehicle operated on
         a public street, who is at least fourteen years of age and under eighteen years of
         age, shall wear a properly adjusted and fastened safety seat belt system, required to
         be installed in the passenger vehicle if manufactured pursuant to Federal Motor
         Vehicle Safety Standard Number 208 (49 C.F.R. 571.208) in effect January 1, 1989,
         at all times when the vehicle is in motion.

         (Amended: Ordinance No. 2003-11)

7.0222   Throwing Match or Burning Object from Vehicle. No person shall drop or throw from
         any vehicle or other means of transportation any burning match, cigarette, cigar,
         ashes of pipe, or other burning substance of any kind.

         (Amended: Ordinance No. 2003-11)

7.0223   Littering From Motor Vehicle. No person shall dump, deposit, drop, throw, discard or
         otherwise dispose of litter from any motor vehicle upon any public property, nor shall
         any person transport any garbage or refuse from any dwelling, residence, place of

                                             77
         business, or other site and deposit such material in, around or on top of trash barrels
         or other receptacles placed on public property.

         (Amended: Ordinance No. 2003-11)


CHAPTER 7.03 - VEHICLE EQUIPMENT
7.0301   Warning Tickets. Any authorized law enforcement officer, upon reasonable belief
         that a vehicle is being operated in violation of any provision of this Title or applicable
         state law or is in such unsafe condition as to endanger any person, may require the
         driver of the vehicle to stop and submit to inspection of the vehicle and its equipment,
         license plates and registration card, and is hereby authorized to issue a warning
         ticket to any driver whose vehicle is in such violation. Such warning ticket shall
         clearly designate the provisions which are being violated and shall provide for
         notification to law enforcement officials when such violation is corrected, by the time
         specified on the warning ticket.

7.0302   Lights Required. A motor vehicle in motion, during the period from half an hour after
         sunset to half an hour before sunrise, shall display at least two (2) lighted lamps on
         the front and one on the rear of such motor vehicle, such lamps to conform to the
         state law; provided that a motorcycle or a motor bicycle shall be required to display
         but one lighted lamp in front and one in the rear.

7.0303   Headlights Dimmed. No person shall use headlights upon any vehicle on any street
         unless the same are dimmed in such a way as to prevent the light being dazzling or
         blinding to persons using the streets.

7.0304   Warning Devices. Every motor vehicle operated or driven in the City shall be
         provided with a suitable or adequate horn or other device for signaling which shall be
         in good working order at all times such vehicle is operated on the streets of the
         municipality.

7.0305   Emergency Vehicle Warning Device. Every law enforcement and Fire Department
         vehicle and every ambulance used for emergency calls shall be equipped with lights
         and siren. It shall be unlawful for any other vehicle to be equipped with such
         equipment.

7.0306   Red and Blue Lights. Except as to law enforcement or Fire Department vehicles, or
         tow trucks or wreckers operating under such circumstances as may be provided by
         law, any person who drives or moves any vehicle in the City with any red or blue
         lights thereon visible from directly in front or to the sides thereof shall be guilty of a
         misdemeanor.

7.0307   Brakes. Every motor vehicle shall be provided with foot pedal brakes in good
         working order and sufficient to control such motor vehicle at all times when same is
         in use.

7.0308   Mufflers. No person shall drive a motor vehicle on any street within the City unless
         such vehicle is equipped with a muffler in good working order and in constant


                                               78
         operation to prevent excessive or unusual noise and annoying smoke. It shall be
         unlawful for any person to use a muffler cut-out of any motor vehicle within the City.

7.0309   Projecting Loads. No person shall drive any vehicle upon any street with a load or
         part of a load projecting more than four (4) feet beyond the rear end or front end, or
         more than two (2) feet beyond the sides of the body, or carrying part of such vehicle,
         unless there be attached to the extreme ends and sides of such projecting load some
         warning sign or signal plainly discernible to other drivers and clearly indicating the
         projecting parts of such load.

7.0310   Weight and Size of Vehicle and Loads. No person shall drive or operate any motor
         vehicle upon any street the gross weight or which including the load or the size of
         which do not comply with the requirements of the state law governing such vehicle.

7.0311   Windshields Must be Unobstructed. It shall be unlawful for any person to drive any
         motor vehicle upon any street with the front windshield obstructed or with any sign,
         poster, or other non-transparent material upon the front windshield, side wings, side,
         or rear windows of such motor vehicle other than a certificate or other paper required
         to be so displayed by law or other temporary driving instruction placed thereon by the
         manufacturer.

7.0312   Protection of Load. No motor vehicle shall be driven or moved on any street unless
         such vehicle is so constructed or loaded as to prevent any of its load from dripping,
         sifting, leaking or otherwise escaping therefrom, except that sand may be dropped
         for the purpose of securing traction, or water or other substances may be sprinkled
         on a roadway in clearing or maintaining such roadway. No person shall operate on
         any street any vehicle with any load unless said load and any covering is securely
         fastened so as to prevent said covering or load from being loose, detached or in any
         manner a hazard to other users of the highway.

7.0313   Helmet Required for Minor on Motorcycle. No person under eighteen years of age
         may operate or ride upon a motorcycle on the public streets of the City unless the
         person wears a protective helmet of a type meeting department of transportation
         motor vehicle safety standard 218 as in effect on January 1, 1984. No person may
         operate a motorcycle with any person under the age of eighteen as a passenger if
         the passenger is not wearing a protective helmet.

         (Amended: Ordinance No. 2003-11)


CHAPTER 7.04 - SPEED RESTRICTIONS
7.0401   Establishment of Speed Zones.

         1.   The City Council is authorized and empowered to determine and establish
              upon any public street in the City or any part thereof, limited speed zones
              which speed limit shall constitute the maximum speed at which any person may
              drive or operate any vehicle upon such zones, street or highway or portion
              thereof so zoned, and on which highway the maximum speed permissible in
              the zone has been conspicuously posted by signs authorized by the Council.


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         2.   The beginning of such limited speed zones shall be indicated by signs showing
              the speed limits.

7.0402   Speed Limits. Except as may otherwise be posted by the City Council, it shall be
         unlawful for any person to operate or drive any vehicle at a rate of speed greater
         than the following:

         1.    Twenty-five (25) miles per hour within any business district.

         2.    Fifteen (15) miles per hour on any alley.

         3.    Twenty (20) miles per hour within any residential district.

         (Amended: Ordinance No. 2005-7)

7.0403   School Zones. It shall be unlawful for any person to operate or drive any vehicle at a
         speed greater than fifteen (15) miles per hour when passing a school during the
         recess or while children are going to or leaving school during opening or closing
         hours for such school.


CHAPTER 7.05 - PARKING, STOPPING
7.0501   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 law enforcement officer finds a vehicle which
         constitutes an obstruction, such officer 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.

7.0502   Parking in Streets During Snow Removal. Whenever the United States Weather
         Bureau has forecast snowfall of two (2) or more inches of snow for southeastern
         South Dakota, or there is a accumulation of two inches or more of snow on the
         streets of Harrisburg, a snow removal emergency shall be declared, and all on street
         parking shall be prohibited. Parking on any public street shall be completely
         prohibited, on both sides and regardless of the directional run of that street, during
         the existence of a snow removal emergency. The snow removal emergency shall
         terminate, and parking may resume whenever such street has been cleared of snow
         completely, until the next snow removal alert is declared. Fines for ticketing vehicles
         shall be $25.00 for each day of violation.

7.0503   Towing Vehicles. Any law enforcement official shall be authorized to remove and
         tow away, or have removed and towed away by any commercial towing service, any
         vehicle illegally parked in any place where such vehicle creates or constitutes a
         traffic hazard, blocks the use of a fire hydrant, or obstructs or may obstruct the
         movement of any emergency vehicle, or in any way is in violation with the provisions
         of this Title. Vehicles towed away for illegal parking shall be stored in a place
         designated by the City Council and shall be restored to the owner or operator of such
         vehicle upon payment of a fee of twenty-five (25) dollars plus towing charges, within
         twenty-four (24) hours after the time such car was removed, plus five (5) dollars for
         each additional 24 hours or fraction thereof.

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7.0504   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. 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 on property of the owner of
         such abandoned vehicle. A motor vehicle or other vehicle or any part thereof so
         abandoned on private property may be authorized for removal by or upon the order
         of the City Council after a waiting period of ten (10) days or more has expired. The
         provisions of this Section may be waived for commercial or business enterprises
         insofar as off-street parking is concerned. (SDCL 32-20-12.1)

7.0505   Towing Costs. When a vehicle is removed form 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 fees provided in Section 7.0503 hereof. In
         addition, the City shall not be liable for any damages to property or persons incurred
         as a result of such towing or storage.

7.0506   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 when necessary
         to avoid conflict with other traffic or in compliance with the directions of a law
         enforcement officer or traffic control device.

         1.   In any intersection.

         2.   In a crosswalk.

         3.   Within fifteen (15) feet of a fire hydrant.

         4.   At any place where the vehicle would block the use of a driveway.

         5.   Within twenty (20) feet of a driveway entrance of the fire station and on the side
              of the street opposite the entrance to such station within one hundred (100)
              feet of such entrance.

         6.   On any sidewalk.

         7.   At any place where official signs prohibit parking.

         8.   In any public alley.

         9.   Inside of curb, on street right of way. Area between the back of the curb to the
              property line.

7.0507   General Parking Restrictions. No vehicle shall be parked with the left side of such
         vehicle next to the curb, except on one-way streets. 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 City Council. It shall be unlawful to park any vehicle outside of
         clearly painted parking lines in the downtown district where such lines are painted
         indicating parking areas. Exception: when a larger vehicle parked legally would


                                               81
         otherwise block traffic. It shall be unlawful to park any motor vehicle on any private
         property without the consent of the owner of the property.

7.0508   No Parking Areas. The City Council shall cause signs to be posted in all areas
         where parking is limited or prohibited, indicating such limitations or prohibitions,
         except that yellow curb painting may be used to indicate "No Parking" in certain
         street areas. (SDCL 9-31-1)

7.0509   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 public
         property or right-of-way within the City.

7.0510   Unauthorized Parking in Handicapped Space. The owner or operator a vehicle shall
         not park or stop in, or block a parking space on public or private property within the
         City that is designated as reserved for a person with a physical disability unless they
         have a serially numbered certificate or special license plate.

         (Amended: Ordinance No. 2003-11)

7.0511   Unauthorized parking in fire lane. The owner or operator of a vehicle shall not park
         on any street or highway where a fire lane has been created by the City.

         (Amended: Ordinance No. 2003-11)


CHAPTER 7.06 - TRUCKS
7.0601   Truck Routes. The City Council is hereby authorized to establish within the City
         truck routes and the same shall be identified by signs or markings erected and
         maintained by the City. The word "truck" shall mean and include truck, trailer and
         semi-trailer, tractor and farm wagon.

7.0602   Operation of Trucks. Where any truck route has been established and identified, any
         person driving a truck having a gross weight of five (5) tons or more shall drive such
         truck on such route or routes and no other, except where necessary to traverse
         another street or streets to a destination for the purpose of loading or unloading
         commodities or for the purpose of towing, a disabled or damage motor vehicle to or
         from public or private property, and then only by such deviation from the nearest
         truck route as is reasonably necessary.

7.0603   Exceptions to Use of Truck Routes. There shall be the following exceptions to the
         use of truck routes:

         1.   A truck arriving at the end of any designated truck route may be driven over the
              most direct course to the nearest truck route which extends in the same
              general direction.

         2.   The City Council shall have the authority, for good cause and upon request, to
              issue temporary permits for trucks to operate over routes not established as
              truck routes by the City or to otherwise deviate from the provisions of this
              Chapter.

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         3.   "Trucks" as referred to in Section 7.0601 (except semi-trailers) may deviate
              from the truck route for the purpose of taking said truck to the owners personal
              residence or parking facility, but said truck must be parked on the owners real
              property and not the City streets or City property. In this instance said vehicle
              may only make one trip to and from owners personal residence or parking
              facility per day.

         4.   The provisions of the Section shall not apply to school buses, emergency
              vehicles of any Fire Department, not to any public utility vehicles where actually
              engaged in the performance of emergency duties necessary to be performed
              by said public departments or public utilities, nor to any vehicle owned by or
              performing work for the City, the United States of America, or the State or any
              of its political subdivisions.

7.0604   Parking of Trucks. All freight, stock, and gas and oil transport trucks shall be parked
         only at such places and in such manner as have been designated by the City
         Council. This Section shall not apply to a light delivery truck delivering goods from
         house to house and place to place which requires a stop or parking of but a few
         minutes to receive or deliver merchandise.

7.0605   Trucks Standing or Parking in Alleys. Trucks shall not stand or park in any public
         alley except for the purpose of receiving or delivering property and shall not so stand
         or park for a longer period of time than is necessary to load or unload. Such trucks,
         when loading or unloading, shall stand or park on the side of the alley. When two or
         more trucks are thus standing on opposite sides of the same alley the truck last
         arriving shall be placed in such staggered positions as to leave sufficient space
         between it and the first truck for the free passage of other vehicles.


CHAPTER 7.07 - SNOWMOBILES
7.0701   Definitions. The following words and phrases, when used in this Chapter, shall have
         the meanings respectively ascribed to them:

         1.   Operate shall mean to control the operation of a snowmobile.

         2.   Owner shall mean any person, other than a lienholder, having the property in or
              title to a snowmobile and entitled to the use or possession thereof.

         3.   Private property shall mean and include any and all real property, or land within
              the City which has not been opened or dedicated for public use or as a public
              thoroughfare.

         4.   Snowmobile shall mean any engine-driven vehicle of a type which utilizes sled
              type runners, wheels, or skis with an endless belt tread or similar means of
              contact with the surface upon which it is operated.

7.0702   Operators License Required. No driver shall operate a snowmobile on a public
         street in the City without having in their possession a valid drivers license.



                                             83
7.0703   Traffic Laws Applicable. The operator of a snowmobile is required to obey the same
         traffic laws of the state and ordinances of the City, including street and road signs, as
         the operators of all other vehicles are required to obey.

7.0704   Ingress and Egress to City. Any person operating a snowmobile within the City shall
         only use such snowmobile to enter the corporate limits in returning to his or her
         home base or leaving the corporate limits provided that such operator enter or leave
         by the most direct route and at a reduced speed so as not to disturb the peace and
         quiet of the community.

7.0705   Permission of Property Owner Required for Operation. No person shall operate a
         snowmobile on private property of another without the express permission to do so
         by the owner or occupant of such property.

7.0706   Operation on Public Ground. No person shall operate a snowmobile on any public
         property, including, but not limited to public sidewalks, school grounds, parks,
         parking lots, playgrounds, and recreational areas except public roadways and
         ditches.

7.0707   Crossing Streets at Right Angles. Persons operating snowmobiles are permitted to
         cross streets at right angles but only may do so after stopping and yielding the right-
         of-way to all approaching traffic and crossing as closely as possible to an intersection
         or approach.

7.0708   Speed. No person shall operate a snowmobile at a speed greater than is reasonable
         or proper, under all existing circumstances.

7.0709   Careless, Reckless or Negligent Operation Prohibited. No person shall operate a
         snowmobile in a careless, reckless or negligent manner so as to be likely to
         endanger the person or property of another or to cause injury or damage thereto.

7.0710   Loud Noises Prohibited. No Person shall operate a snowmobile in such manner as
         to create any loud, unnecessary or unusual noise likely to disturb or interfere with the
         peace and quiet of any other person.

7.0711   Emergency Use.

         1.   The City Council may declare that road or weather conditions are such as to
              constitute emergency travel conditions authorizing use of a snowmobile.

         2.   A snowmobile may also be used when such vehicle is necessary as an
              emergency vehicle to protect the health, safety and welfare of any individual.

         3.   The operator of a snowmobile under emergency conditions shall be subject to
              all existing traffic ordinances of the City and traffic laws of the State.

7.0712   Equipment Required. All snowmobiles operated in the City shall have the following
         equipment:




                                              84
         1.   Mufflers which are properly attached and which reduce the noise of operations
              of the vehicle to the minimum noise necessary for operating the vehicle, and no
              person shall use a muffler cutout, bypass or similar device on such vehicle.

         2.   Adequate brakes in good working condition.

         3.   A safety or "deadman" throttle in operating condition, such being a device
              which when pressure is removed from the accelerator, the throttle causes the
              motor to disengage from the driving tract.

         4.   At least one headlight and one tail light in good working condition.

7.0713   Unattended Vehicles. No owner or operator of a snowmobile shall leave or allow the
         snowmobile to be or remain unattended on public property or streets while the motor
         is running, or where the keys for starting the vehicle are left in the ignition.

7.0714   Operation Under the Influence. The operator of a snowmobile shall be deemed the
         driver or operator of a motor vehicle and be subject to South Dakota law relating to
         driving while under the influence of intoxicating liquor, drugs, or otherwise therein
         provided and such operator shall be punishable for any violation of such laws.

7.0715   Towing. No person operating a snowmobile shall tow any person or object behind
         such snowmobile except when such person or object is situated upon a conveyance
         which is attached to such snowmobile by means of a rigid hitch or towbar.

7.0716   Exception. Notwithstanding the provisions of any other Section, any governmental
         official in charge of public school ground, park property, playgrounds, or parking lots
         shall have authority to supervise and regulate events or programs conducted thereon
         or to designate areas under his charge and supervision as recreation areas that he
         shall deem available for use of snowmobiles, and the house of such use.


CHAPTER 7.08 - MISCELLANEOUS PROVISIONS
7.0801   Clinging to Moving Vehicles. No person traveling upon any bicycle, motorcycle,
         coaster, sled, roller skates, or any other toy vehicle shall cling to or attached himself
         or such vehicle to any other moving vehicle upon any street.

7.0802   Riding on Outside of Vehicle. No person shall ride on any vehicle upon any portion
         thereof not designated or intended for the use of passengers. This provision shall
         not apply to persons riding within truck bodies in space intended for merchandise.

7.0803   Tampering with Vehicles. Any person who shall tamper with the motor vehicle of
         another, with intent to injure the same or cause inconvenience to the owner thereof,
         or who shall take the operate the motor vehicle of another without the consent of the
         owner or person lawfully in charge thereof, under such circumstances as not to
         constitute larceny, shall be guilty of a misdemeanor.

7.0804   Immediate Notice of Accident. The operator of a vehicle involved in an accident
         resulting in injury to or death of any person, or resulting in any property damage,


                                               85
         shall immediately by the quickest means of communication give notice of such
         accident to a law enforcement officer.

7.0805   When Driver Unable to Report. An accident report shall not be required from any
         person who is physically incapable of making such report during this period of
         incapacity. Whenever the operator of a vehicle is physically incapable of making
         such report or is physically incapable of giving an immediate notice of an accident
         and there is another occupant in the vehicle at the time of the accident capable of
         doing so, such occupant in the vehicle at the time of the accident shall cause to be
         given the notice not given by the operator.

7.0806   Duty to Give Information, Render Aid. The operator of any vehicle involved in an
         accident resulting in injury to or death of any person or damage to any vehicle which
         is driven or attended by any person shall give his name, address and if applicable,
         the license number of the vehicle he is driving and his operator's or chauffeur's
         license to the person struck or the driver or occupant of or person attending any
         vehicle collided with. The operator shall also render to any person injured in such
         accident reasonable assistance, including the carrying, or the making of
         arrangements for the carrying of such person to a physician, surgeon or hospital for
         medical or surgical treatment if it is apparent that such treatment is necessary or if
         such carrying is requested by the injured person.

7.0807   Personal Injury. The operator of any vehicle involved in an accident resulting in
         injury to or death of any person shall immediately stop such vehicle at the scene of
         such accident or as close thereto as possible but shall then forthwith return to and in
         every event shall remain at the scene of the accident until he has fulfilled the
         requirements of Section 7.0806. (SDCL 32-34-7)

7.0808   Property Damage. The operator of any vehicle involved in an accident, resulting only
         in damage to a vehicle which is driven or attended by any person shall immediately
         stop such vehicle at the scene of such accident or as close thereto as possible but
         shall forthwith return to and in every event shall remain at the scene of such accident
         until he has fulfilled the requirements of Section 7.0806. Every such stop shall be
         made without obstructing traffic more than is necessary. Any person failing to stop
         or comply with said requirements under such circumstances shall be guilty of a
         misdemeanor.

7.0809   Unattended Vehicle, Property. The operator of any vehicle which collides with any
         vehicle or other property which is unattended shall immediately stop and shall then
         and there either locate and notify the operator or owner of such vehicle of the name
         and address of the driver and owner of the vehicle striking the unattended vehicle or
         shall attach securely in a conspicuous place in or on the vehicle stuck a written
         notice giving the name and address of the driver and of the owner of the vehicle
         doing the striking and a statement of the circumstances thereof. Such driver shall
         without unnecessary delay notify a law enforcement officer of such accident. (SDCL
         32-34-4)

7.0810   Duty Upon Striking Fixtures. The operator of any vehicle involved in an accident
         resulting only in damage to fixtures or other property legally upon or adjacent to a
         street shall take reasonable steps to locate and notify the owner or person in charge
         of such property of such fact and of his name and address and of the registration

                                             86
         number of the vehicle he is driving and shall upon request and if available exhibit his
         operator's license and shall make report of such accident when and as required in
         Section 7.0808.

7.0811   Duty Upon Striking Animal. The operator of any vehicle which collides with any dog
         or domestic animal causing injury thereto shall stop and attempt to ascertain the
         owner of such animal and notify a law enforcement officer of such accident.

7.0812   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 necessary to secure appearance, a person charged with a
         violation of this Title by a law enforcement 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.

7.0813   Notice to Appear. A person charged with violation of this Title by notice shall be
         given notice to appear before the court of competent jurisdiction at the time or within
         the time stated in such notice, and that in event of failure to do so a warrant will be
         issued for his arrest.

         The notice shall state the name, description and address of the offender, if known,
         the nature and date of the offense and a description of the vehicle involved in the
         violation by trade name and license number. The notice shall be signed by the law
         enforcement officer executing it.

         The notice shall be made in triplicate, one copy to be given to the owner or driver
         charged with the offense or to be left in or upon the automobile or vehicle involved in
         the violation, one copy to be filed with law enforcement officer and one copy to be
         filed with the court.

         If the person charged with the offense is available he shall be given an opportunity to
         sign an agreement to appear to answer the charge at the time and place specified in
         the notice which form of agreement shall be a part of the notice, and if he shall
         refuse to sign such agreement, then he shall be placed under arrest for the offense
         in the manner otherwise provided by law.

7.0814   Appearance and Deposit for Fine. A person who has received a notice of traffic
         violation shall at or within the time specified in such notice, appear before the court of
         competent jurisdiction to answer to the charge set forth therein according to the
         procedure of that court.

         In cases of non-moving violation, and cases of failure to stop at a stop street, sign, or
         signal which are not serious and aggravated cases, the person charged shall appear
         at the office of the Clerk of Courts and upon making the deposit for fine as authorized
         by the court and a statement authorizing the Clerk of Courts to enter his plea of guilty
         to the offense he shall not be required to appear in court.

7.0815   Attest on Failure to Appear. Upon the failure of a person to appear in response to a
         notice of traffic violation, he shall be subject to arrest in the manner otherwise
         provided by law.

                                              87
CHAPTER 7.09 - PARKING OF VEHICLES, TRAILERS, RECREATIONAL
               VEHICLES AND BICYCLES
7.0901   Vehicles on Parkways or Sidewalks.

         a.   Generally. No person shall drive any vehicle or motor vehicle other than a
              bicycle upon the sidewalks or parkways or permit any such vehicle to be driven
              or remain on any sidewalk or parkway.

         b.   Bicycles.

              1.    A person driving a bicycle upon and along a sidewalk, or across a
                    roadway upon and along a crosswalk, shall yield the right-of-way to any
                    pedestrian and shall given an audible signal before overtaking and
                    passing such pedestrian.

              2.    A person shall not drive a bicycle upon and along a sidewalk, or across a
                    roadway upon and along a crosswalk, where such use of bicycles is
                    prohibited by official traffic control devices.

              3.    A person driving a bicycle upon and along a sidewalk, or across a
                    roadway upon and along a crosswalk, shall have all the rights and duties
                    applicable to a pedestrian under the same circumstances, except that a
                    bicyclist must stop before entering a crosswalk or highway from a
                    sidewalk or sidewalk area and must yield to all traffic on the highway.

         (Amended: Ordinance No. 2005-2)

7.0902   Following Fire Apparatus; Minimum Following or Parking Distance. It shall be
         unlawful for the driver of any vehicle other than one on official business to follow any
         fire apparatus traveling in response to a fire alarm closer than 500 feet or to drive
         into or park such vehicle within the block where the fire apparatus has stopped in
         answer to fire alarm.

         (Amended: Ordinance No. 2005-2)

7.0903   Driving Over Fire Hose Prohibited. No vehicle may be driven over any unprotected
         hose of a fire department when laid down on any street, private road or driveway to
         be used at any fire or alarm of fire, without the consent of the fire department official
         in command.

         (Amended: Ordinance No. 2005-2)

7.0904   Driving Through Procession. No driver of any vehicle shall drive through or
         otherwise interfere with any funeral or other authorized procession in any of the
         streets, and it shall be the duty of the driver of any vehicle to stop when reaching a
         street on which such a procession is passing and wait until the procession has
         entirely passed.

         (Amended: Ordinance No. 2005-2)

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7.0905   Corner Cutting. It shall be unlawful for any person to drive any motor vehicle upon or
         across any sidewalk, driveway, filling station or other commercial driveway or other
         similar surface located at the corner of any intersection protected by a traffic light or
         other traffic signal or sign, for the purpose of evading the regulations governing the
         turning of motor vehicles at intersections.

         (Amended: Ordinance No. 2005-2)

7.0906   Backing Into Intersections or Around Corners Prohibited. No vehicle shall be backed
         around the corner at an intersection or into an intersection.

         (Amended: Ordinance No. 2005-2)

7.0907   Parking on Private Property.

         a.    Owners of private property may post their property as a no parking zone,
               subject to approval of the city council.

         b.    No vehicle shall be parked in violation of the notice posted in accordance with
               subsection (a) of this section; nor shall any person be an occupant in any
               vehicle so parked.

         (Amended: Ordinance No. 2005-2)

7.0908   Obstructed Windows. It shall be unlawful for any person to drive any vehicle within
         the city with any sign, poster, or other nontransparent material, including snow, ice,
         frost, or any similar substance, upon the front windshield, side wing vents, or side
         windows on either side forward of or adjacent to the operator’s seat of such motor
         vehicle other than a certificate or a paper required to be so displayed by law or
         temporary driving instructions placed thereon by the manufacturer unless the same
         shall not obstruct the driver’s clear view.

         (Amended: Ordinance No. 2005-2)

7.0909   Parking Places Where Restricted. Except when necessary to avoid conflict with
         other traffic, or in compliance with law or the directions of a police officer or official
         traffic control device, no person shall stand or park a vehicle, whether occupied or
         not, except momentarily to pick up or discharge a passenger or passengers:

         1.    In front of a public or private driveway approach.

         2.    Within 15 feet of a fire hydrant.

         3.    Within 20 feet of a crosswalk at an intersection.

         4.    Within 30 feet upon the approach to any flashing signals, stop sign, yield sign
               or traffic control signal located at the side of a roadway.

         5.    Within 20 feet of the driveway entrance to any fire station and on the side of a
               street opposite the entrance to any fire station within 75 feet of such entrance
               when properly signposted.

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         6.   At any place where official signs authorized by resolution of the city council
              prohibit stopping, standing, or parking.

         (Amended: Ordinance No. 2005-2)

7.0910   Places Where Stopping Prohibited.

         a.   Vehicle stopping, standing or parking generally. Except when necessary to
              avoid conflict with other traffic, or in compliance with law or the directions of a
              police officer or official traffic control device, and except as provided in
              subsection (b) of this section, no person shall stop, stand, or park a vehicle:

              1.    On the roadway side of any vehicle stopped or parked at the edge or cub
                    of a street.

              2.    On a sidewalk; unless the vehicle is attended and is being loaded or
                    unloaded and the area adjacent to the sidewalk has been designated by
                    appropriate signs as a sidewalk loading zone by the traffic engineer or
                    unless the vehicle is properly identified as a vehicle for transporting of
                    disabled persons, it is necessary for the vehicle to be located on the
                    sidewalk for loading and unloading purposes, and only two wheels on the
                    loading/unloading side are on the sidewalk.

              3.    Within an intersection.

              4.    On a crosswalk.

              5.    Between a safety zone and the adjacent curb or within 30 feet of points
                    on the curb immediately opposite the ends of a safety zone, unless a
                    different length is indicated by signs or markings.

              6.    Alongside or opposite any street excavation or obstruction, when
                    stopping, standing or parking would obstruct traffic.

              7.    On any railroad tracks.

              8.    At any place where official signs authorized by resolution of the city
                    council prohibit stopping, standing, or parking.

              9.    Upon any street, alley or parkway for the purpose of selling or offering the
                    same for sale or rent. Any such vehicle which is parked or placed within
                    50 feet of the property of the residence of the owner of the vehicle is
                    exempt from the provisions of this subsection.

         (Amended: Ordinance No. 2005-2)

7.0911   Manner of Parking Generally. Except where angle parking shall be permitted, it shall
         be unlawful for the driver or owner of any motor vehicle, trailer or implement to park
         or leave such vehicle, trailer or implement standing, attended or unattended, on any
         street or avenue of the city unless such vehicle, trailer or implement is parked
         parallel to the curb headed in the direction of traffic, with the curbside wheels of such

                                              90
         vehicle, trailer, or implement within 12 inches of the curb and no closer than four feet
         to any other vehicle.

7.0912   Angle Parking.

         a.   The city council shall determine upon which streets angle parking shall be
              determined and shall mark or sign such streets.

         b.   Upon those streets which have been signed or marked for angle parking, no
              person shall park or stand a vehicle other than at the angle to, and with the
              hood or front end of such vehicle next to the curb.

         (Amended: Ordinance No. 2005-2)

7.0913   Parking Within Markings. Whenever parking spaces are marked by lines on the
         pavement, whether for parallel or angle parking, a vehicle must be parked entirely
         within the lines of the parking space.

         (Amended: Ordinance No. 2005-2)

7.0914   Obstructing Snow Removal and Street Cleaning. No vehicle shall be parked in such
         a manner or for such a period of time as to unreasonably interfere with or obstruct
         the removal of snow from, or the cleaning of the streets in the city.

         (Amended: Ordinance No. 2005-2)

7.0915   Parking of Commercial Vehicles or Materials Prohibited.

         a.   Definitions. For the purposes of this section, unless apparent from the context,
              certain words and phrases used in this section shall be defined as follows:

              Commercial vehicle means any vehicle which has more than 16 square feet of
              signage or which is adapted, designed, equipped and used to perform a
              specific commercial function and which does not meet the definition of personal
              passenger vehicle.

              Personal passenger vehicle means any car, pickup truck or van which has no
              more than 16 square feet of signage and which is designed for and facilitates
              personal and passenger travel and has not been externally altered with
              features not customary to personal usage.

         b.   Prohibitions. Parking and storage of commercial vehicles or materials upon
              city streets is prohibited as follows:

              1.    It shall be unlawful for any person or business to park, store, leave or
                    permit the parking, storing or leaving of any commercial or construction
                    vehicle, equipment or materials upon any city street.

              2.    The transferring of refuse from smaller satellite vehicles to larger packer
                    garbage trucks is prohibited on all city rights-of-way.


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         c.   Exceptions. The provisions of this section shall not apply to the following:

              1.    Emergency vehicles.

              2.    Personal passenger vehicles.

              3.    Vehicles that are disabled, provided that they are not left on public rights-
                    of-way longer than 24 hours.

              4.    Light delivery trucks delivering goods from place to place.

              5.    Garbage trucks in the site-to-site collection of refuse.

              6.    Vehicles in the process of loading or unloading

              7.    Vehicles, immobile equipment or materials parked in connection with a
                    construction site for longer than 24 hours which have obtained written
                    approval from finance officer and are in compliance with the rules and
                    regulations for parking, storing, or leaving construction vehicle(s),
                    equipment, or materials on city streets issued by the traffic engineer.

              8.    Vehicles parked in connection with a construction site, provided they are
                    not left there longer than 24 hours.

              9.    Vehicles or equipment which are properly signed and parked temporarily
                    in connection with the performance of a construction or maintenance
                    service to property on or under the city right-of-way.

         (Amended: Ordinance No. 2005-2)

7.0916   Stopping, Standing or Parking Sign.

         a.   The city council by passage of a resolution is hereby authorized to determine
              and designate by proper signs placed in which the stopping, standing or
              parking of vehicles is prohibited.

         b.   When official signs are erected as authorized in this section, no person shall
              stop, stand or park the vehicle in any such place.

         (Amended: Ordinance No. 2005-2)

7.0917   Length of Vehicle. All vehicles and appurtenances thereto, exceeding in length 22
         feet, shall be parked at such places only as have been marked and designated for
         such use by the city council and shall be parked parallel with the curb.

         (Amended: Ordinance No. 2005-2)

7.0918   Parking Limits.




                                              92
         1.   It shall be unlawful for any boat, trailer, or other appurtenance to park on any
              street, avenue, alley or other public ground.

         2.   It shall be unlawful for any camper (Whether or not motorized) to remain
              parked on any street, avenue, alley or other public ground for longer than 24
              hours. A special permit may be obtained for $5.00 per day with a limit of 4
              consecutive days at the city hall office for visiting people with campers.

         3.   It shall be unlawful for any motor vehicle to remain parked on any street,
              avenue, alley or public ground for a period of longer than 72 hours.

         (Amended: Ordinance No. 2005-2, Ordinance No. 2005-13)

7.0919   Report of Violation.

         a.   If any vehicle is found parked in violation of any of the provisions of this article,
              it shall be the duty of any police officer or parking patrol to report:

              1.    The location where such parking violation has occurred.

              2.    The state license number of such vehicle.

              3.    The time when such vehicle is parked in violation of this article.

              4.    Any other facts, a knowledge of which is necessary or helpful to a
                    thorough understanding of the circumstances of such violation.

         b.   Each police officer shall attach to such vehicle a Notice to the driver thereof
              that such vehicle has been parked in violation of the provisions of this article,
              and instructing the owner of such vehicle to report to the office of the city
              finance director or clerk of the court in regard to such violation.

         c.   Any vehicle in violation of this section is hereby declared to be a public
              nuisance and may be removed if the parking violation is not remedied within
              twenty-four (24) hours or immediately in the case if an emergency.

         (Amended: Ordinance No. 2005-2)

7.0920   Penalty for Violation. Unless otherwise provided, the city commission by resolution
         may from time to time establish fines and penalties for parking violations including,
         but not limited to, overtime parking, improper parking, double parking, prohibited
         parking, obstructing snow removal and street cleaning, and for violation of the city
         emergency snow route ordinance.

         (Amended: Ordinance No. 2005-2)

7.0921   Handicapped Parking. Any vehicle not displaying a serially-numbered certificate or
         special license plate parked in a parking space on public or private property
         designated as reserved for the physically handicapped shall be ticketed, and the
         owner of the vehicle shall be punished under the general penalty provisions of this
         Code.

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(Amended: Ordinance No. 2005-2)




                                  94
                     TITLE 8 - WATER AND SEWER
                     [WATER SUPPLY SYSTEMS SDCL 9-47]
                     [SEWER SUPPLY SYSTEMS SDCL 9-48]

               Chapter 8.01 - Water Provisions
               Chapter 8.02 - Sewer Provisions
               Chapter 8.03 - Stormwater Drainage

CHAPTER 8.01 - WATER PROVISIONS
8.0101   Application for Water Service. Any party 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 hookup 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.

         (Amended: Ordinance No. 2009-09)

8.0102   Deposit. Any applicant for water service shall make a cash deposit in an amount set
         by the City Council. The deposit is also an indemnity against theft, misplacement, or
         injury to City equipment. The deposit shall be returned when the consumer shall
         give due notice of discontinuing utility service and is free from indebtedness to the
         City.

         (Amended: Ordinance No. 2009-09)

8.0103   Water Connections. In installing water service, all taps shall be driven, street
         excavations made, curb cocks inserted, pipes installed from main to curb, and the
         curb cock installed in an iron box to which the service is to be connected, by a
         plumber duly licensed.

         (Amended: Ordinance No. 2009-09)

8.0104   Water Service Pipes. All service pipes connected to the water system shall be one
         inch (1") drawn copper standard strength and/or one inch (1") class 200 pound
         polyethylene, and shall be laid seven (7) feet below the established grade or as low
         as the street mains.

         (Amended: Ordinance No. 2009-09)

8.0105   Curb Stop and Waste Cocks. There shall be a curb cock in every service line
         attached to the water main, the same to be placed as near as possible to the street
         line if the main is located in the alley. Curb cocks shall have a metal riser with a
         letter “W” cast upon it. There shall be a valve in the pipe on the house side.

         (Amended: Ordinance No. 2009-09)

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8.0106   Inspections. The Water Superintendent or such person as he or she may direct shall
         be authorized to enter and have free access at all reasonable hours to premises to
         ascertain the location and condition of all hydrants, pipes, or other fixtures attached
         to the water works; and in case he finds water is wasted on account of negligence or
         for want of repairs and if such waste is not immediately remedied, the water leading
         to such premises shall be turned off. It shall also be the duty of said officer in case
         he discovers any defect in a private pipe in the street to give notice in writing to be
         left at the premises, and if necessary repairs are not made within forty-eight (48)
         hours thereafter, the water shall be shut off and shall not be turned on again until the
         repairs have been made and a reconnection fee has been paid to the City Finance
         Officer.

         (Amended: Ordinance No. 2009-09)

8.0107   Water Meters. 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. All meters
         shall be tested before installation. If an additional meter is desired, the property
         owner must purchase the additional meter and automated reading device and pay for
         its installation. The property owner is also responsible for any oversize charges
         above the standard 5/8” meter.

         (Amended: Ordinance No. 2009-09)

8.0108   Automated Reading Devices. All places supplied with water and a water meter
         approved by the City Council will be supplied with an automated reading device
         which will be installed and tested by the City Maintenance Department.

         (Amended: Ordinance No. 2009-09)

8.0109   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 (12.0101).

         (Amended: Ordinance No. 2009-09)

8.0110   Repair and Return of Meters. The City will make all necessary repairs to meters and
         all repairs to the meters shall be made at the expense of the owner of the premises
         or user.

         (Amended: Ordinance No. 2009-09)

8.0111   Replacing of Meters and Reading Devices. The Water Superintendent shall
         determine if water meters or reading devices which are no longer working properly
         need to be replaced. The City shall provide a new replacement meter or reading
         device and install said meter or reading device at the owner or user's expense. 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 City shall install a dual check valve approved by the American Water and
         Wastewater Association at the property owner's expense.

                                              96
         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.

         Fifteen (15) days after written notice from the Water Superintendent, if the meter has
         not been replaced, the water rates for the household or business shall be charged at
         $50 for that month and the water service to the property will be disconnected.

         (Amended: Ordinance No. 2009-09)

8.0112   Meter Reading. All meters shall be read by a person designated by the City Council
         and at all times meters must be accessible to reading. All meters will be read during
         the last week of each month.

         (Amended: Ordinance No. 2009-09)

8.0113   Testing Meters. If the consumer doubts accuracy of any meter, he or she may have
         the meter tested by the City. If after testing the meter is shown to be accurate, a
         minimum twenty dollar ($20) service charge will be paid by the property owner.

         (Amended: Ordinance No. 2009-09)

8.0114   Dual Check Backflow Preventer Requirement. A dual check backflow preventer,
         approved by the American Water and Wastewater Association, shall be installed on
         the building side of every water meter where the water service enters the building.

         (Amended: Ordinance No. 2009-09)

8.0115   Premise to have Separate Connection. Unless special permission is granted by the
         City Council, each premise shall have a separate service connection and where
         permission is granted for branch service systems, each system must have its own
         separate curb cock.

         (Amended: Ordinance No. 2009-09)

8.0116   Cost of Installation Borne by Consumer. The cost of original installation of all
         plumbing between the property line and any service devices maintained by the
         consumer, all extensions made to such plumbing, and all repairs shall be borne
         entirely by the consumer.

         (Amended: Ordinance No. 2009-09)

8.0117   Use of Water Without Authority. It shall be unlawful for any person to use water from
         any premises without the consent of the property owner. If such water usage occurs
         the property owner shall be responsible for payment of all water bills incurred on his
         property whether incurred by property owner, tenant, or any other person with or
         without the permission of the property owner. It shall be unlawful to use water from
         the water system of the City without a permit from the City Council. No person
         except an authorized representative of the City shall turn on or off or tamper with any
         curb cock.


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         (Amended: Ordinance No. 2009-09)

8.0118   Rates for Water Service. Rates for water service furnished by the City of Harrisburg
         shall be established by resolution by the Harrisburg City Council.

         (Amended: Ordinance No. 2009-09)

8.0119   Collection of Charges. Utility bills become due and payable upon receipt. If not paid
         by the twentieth (20th) of the month, they become delinquent. If the bill is not paid in
         full by the twentieth (20th) of the month, a twenty (20) percent penalty shall be
         computed and added to the consumer's bill. Additionally, if the bill remains unpaid
         on the twentieth (20th) day of the month in which it becomes due, the consumer is
         notified by mail that if the account is not paid in full ten (10) days from the date of
         notice, disconnection of service will be effected without further notice, unless the
         consumer requests a hearing before the City Council to answer as to why the bill has
         not been paid. The City Council may at its discretion enter into agreements with
         consumers as to mutually satisfactory payment plans for delinquent bills. Should no
         payment plan be reached or the delinquent consumer fails to show cause why
         service should not be terminated, the City Council shall order that the service be
         terminated without further notice to the consumer. Termination of service may be
         accomplished at any time, day, or month of the year for cause as determined by the
         City Council.

         (Amended: Ordinance No. 2009-09)

8.0120   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 regular business hours, 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 Finance Officer.

         (Amended: Ordinance No. 2009-09)

8.0121   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 8.0119 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 8.0119 and 8.0120 shall equally apply to the
         owner of the property as they do to the consumer/lessee or occupant.

         (Amended: Ordinance No. 2009-09)

8.0122   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 used, or the amount due the City for water 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.



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         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.

         (Amended: Ordinance No. 2009-09)

8.0123   User Responsible for Operation and Maintenance of Water Lines. Each occupied
         residence must have a usable water service. The City of Harrisburg shall be
         responsible for the maintenance and proper operation of the water mains only. Any
         other water line, including the corporation valves attached to the mains, shall be the
         exclusive responsibility of the property owner. All owners must, at their own
         expense, keep their service pipe, from 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.

         (Amended: Ordinance No. 2009-09)

8.0124   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.

         (Amended: Ordinance No. 2009-09)

8.0125   Enforcement. The provisions of this Chapter shall apply to all persons using water
         and regardless of whether any person using water shall have a contract for water
         services with the City, and shall be enforced as follows:

         1.    Any law enforcement officer of the City shall, in connection with his or her
               duties imposed by law, diligently enforce the provisions of this Chapter.

         2.    Any person, firm or corporation violating any of the provisions of this Chapter
               shall be deemed guilty of a misdemeanor. Each day such violation is
               committed or permitted to continue, shall constitute a separate offense and
               shall be punishable as such.




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         3.   In the event of a violation and after adequate written notice and hearing, the
              City Council shall have authority to enforce the provisions of this Chapter by
              the discontinuance of water service.

         4.   The City Council shall have available and furnish all records necessary to
              determine all usages of water restricted by this Chapter.

         (Amended: Ordinance No. 2009-09)

8.0126   Rain Sensors Required. Rain sensors shall be installed on all automatic irrigation
         systems installed after April 4, 2006 that receive water supplied by the City.

         (Amended: Ordinance No. 2009-09)

8.0127   Rain Sensor Installation and Setting. All rain sensors shall automatically shut off the
         irrigation system after one-fourth inch of rainfall has occurred. All rain sensors shall
         be installed according to the manufacturer’s instructions in a location providing full
         exposure to rainfall to assure accurate operation. The sensors shall be maintained
         in good working condition. No person shall, with the intent of circumventing the
         purpose of this section, adjust either the rain sensor or irrigation system so that the
         sensor cannot override and turn off the irrigation system after one-fourth inch of rain
         has fallen.

         (Amended: Ordinance No. 2009-09)

8.0128   Water Restrictions. The City may limit or prohibit temporarily the use of water from
         the 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 (12.0101). Water service to the
         premises involved may be discontinued entirely during emergency.

         (Amended: Ordinance No. 2009-09)

8.0129   Water Permits for Newly Sodded or Seeded Lawns. The City of Harrisburg may
         issue once a two (2) week lawn watering permit for newly seeded or sodded lawns
         for a permit fee of $50.00 payable by the applicant. Only the sod or seeded area
         may be watered (this does not permit you to water an established lawn which has
         been seeded or spot sodded to fill in scattered bare spots.) A watering permit is
         valid for one (1) two-week time period and allows residents to water their lawns for
         six (6) days the first week (not including Sunday) and three additional days the
         second week. No watering is allowed between the hours of 10:00 a.m. and 7:00
         p.m. After the expiration date of the watering permit, the water level alert that is in
         effect for the City applies to all subsequent watering.

         (Amended: Ordinance No. 2009-09)


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8.0130   Returned Check Policy. Returned check fees may be established by resolution by
         the Harrisburg City Council. In addition to any fees, after two returned checks, the
         customer shall pay all current and future payments by cash or money order for a
         period of no less than twelve (12) months.

         (Amended: Ordinance No. 2009-09)


CHAPTER 8.02 - SEWER PROVISIONS
8.0201   Definitions. Terms used in this Chapter shall mean as follows:

         1.    “Sewage” - Any combination of water-carried wastes from residences, business
               buildings, institutions and industrial establishments.

         2.    “Sanitary Sewage” - Water-carried wastes from toilets, sinks, baths, household
               laundries or tubs and similar facilities.

         3.    “Garbage” - Solid wastes from the preparation, cooking and dispensing of food,
               or from the handling, storage and sale of foods or produce.

         4.    “Properly Shredded Garbage” - Wastes from the preparation, cooking and
               dispensing of food that have been shredded to such a degree that all particles
               will be carried freely, under the flow conditions normally prevailing in municipal
               sewers, with no particle greater than ½ inch in any dimension.

         5.    “Industrial Wastes” - The liquid wastes from industrial processes as distinct
               from sanitary sewage and garbage.

         6.    “Sewer” - A pipe or conduit for carrying storm water, sanitary sewage, or both.

         7.    “Sanitary Sewer” - A sewer which carries sanitary sewage.

         8.    “Sewage Disposal Plant” - Any arrangement of devices or structures for
               treating sewage in order to eliminate or reduce its odor, or other harmful or
               obnoxious characteristics.

         9.    “Municipal Sewer” - A sewer operated by the municipality for the benefit of
               citizens of the municipality generally.

         10.   “Private Sewer” - A sewer designed to serve a single user, provided that a
               special permit may be granted by the superintendent for use of such sewer by
               one or additional users.

         11.   “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 outside
               the inner face of the building wall.

         12.   “Building Sewer” - The extension from the building drain to the municipal sewer
               or other place of disposal.

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         13.   “Sewer System” - Includes all facilities for collecting, pumping, treating and
               disposing of sewage.

         14.   “Superintendent” - The official charged with the duty of superintending the
               municipal sewer system, or his or her authorized deputy, agent or
               representative.

         15.   “Suspended Solids” - Solids that either float on the surface of, or are in
               suspension in water, sewage or other liquids; and which are removable by
               laboratory filtering.

         16.   “Sewer Outlet” - Any termination of a sewer system into a watercourse, pond,
               ditch, lake or other body of surface or ground water.

         17.   “Watercourse” - A natural or artificial channel in which a flow of surface water
               occurs, either continuously or intermittently.

         18.   “Person” - Any individual, firm, company, association, society, corporation or
               group.

         19.   “Residential Premises” - Include all buildings or structures occupied and used
               exclusively as a home by not more than two families.

         20.   “Commercial Premises” - Include all buildings or structures which are not
               residential premises as herein defined.

8.0202   Use of Municipal Sewer Required.

         1.    No person shall place, deposit or permit to be deposited, in an unsanitary
               manner, upon public or private property within the municipality, or in any area
               under the jurisdiction of said municipality, any human or animal excrement,
               garbage or other similar waste.

         2.    No person shall discharge into any sewer outlet within the municipality, or in
               any area under the jurisdiction of said municipality, any sanitary sewage,
               industrial wastes or other polluted waters, unless suitable treatment has been
               provided in accordance with this Chapter.

         3.    No person shall construct or maintain any septic tank, cesspool or other facility
               intended or used for the disposal of sewage.

         4.    Whenever a municipal sanitary sewer is constructed within two hundred 200
               feet of the property line of any premises, the City Council shall notify the owner
               of any building used for human occupancy, employment, recreation or similar
               uses on such premises of said fact and direct him or her to install toilet facilities
               thereon and to connect such facilities with the municipal sewer in accordance
               with this Chapter and the owner shall comply with said order within ninety (90)
               days after date of receipt of such notice.

8.0203   Building Sewers and Connections with Municipal Sewers.


                                              102
1.    No unauthorized person shall uncover, make any connections with or opening
      into, use or alter any municipal sewer without first obtaining a written permit
      from the City Council.

2.    Any person desiring sewage service from the municipal sewer for premises not
      theretofore connected shall submit to the City Council plans, specifications and
      other pertinent information.

3.    All costs and expense incident to the installation and connection of the building
      sewer shall be borne by the owner and the owner shall indemnify the
      municipality from any loss or damage that may directly or indirectly be
      occasioned by the installation of any building sewer.

4.    A separate building sewer shall be provided for every building; except, where
      one building stands at the rear of another on 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 to the front building
      may be extended to the rear building and the whole considered as one building
      sewer. Under exceptional circumstances the City Council may waive the
      requirements of this subsection.

5.    Old building sewers may be used in connection with new buildings when they
      are found, on examination and test by the Superintendent, to meet all
      requirements of this Chapter.

6.    A building sewer shall be constructed of suitable material approved by the City
      Council. Joints shall be tight and waterproof and if installed in filled or unstable
      ground, a building sewer shall be constructed of cast iron soil pipe, except that
      nonmetallic material may be accepted if laid on a suitable concrete bed or
      cradle as approved by the City Council.

7.    The size and slope of the building sewer shall be subject to the approval of the
      Superintendent and the City Council and in no event shall the diameter be less
      than four (4) inches and the slope less than one-eighth (1/8) inch per foot. The
      wye connection and the building drain shall be uncovered and the differential
      elevation determined before construction is begun. Where practicable, the
      building sewer shall be laid on a uniform grade.

8.    Whenever possible, the building sewer shall be brought to the building at an
      elevation below the basement floor. No building sewer shall be laid parallel to
      and within three (3) feet of any bearing wall, which might thereby be weakened.
      The depth shall be sufficient to afford protection from frost. The building sewer
      shall be laid in straight alignment insofar as possible and changes in direction
      shall be made only with properly curved pipe and fittings.

9.    Whenever any building drain is too low to permit gravity flow to the municipal
      sewer, sewage carried by such drain shall be lifted by approved artificial means
      and discharged into the building sewer.

10.   All excavations required for the installation of a building sewer shall be open
      trench work unless other construction is authorized by the City Council. Pipe

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               laying and backfill shall be preformed in accordance with ASTM specification
               C12-19. No backfill shall be placed until the installation work has been
               inspected and approved by the Superintendent.

         11.   All joints and connections shall be made gas-tight and water-tight.

         12.   The connection of a building sewer with the municipal sewer shall be made at a
               wye branch. If the sewer is twelve (12) inches in diameter or less, and no
               properly located wye branch is available, the owner may at his own expense,
               install a wye branch in the municipal sewer at a location specified by the
               Superintendent.

         13.   The applicant for a sewer permit shall notify the Superintendent when the
               building sewer is ready for inspection. The connection shall be made under the
               supervision of the Superintendent.

         14.   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 satisfactory manner.

8.0204   Application for First Service Connections. Any party desiring sewer service from the
         sewer system of the City for premises not theretofore connected with the system
         shall apply for a connection by contacting the Finance Officer. A form of such
         application shall contain the address of the premises to be served and state the
         uses, residential or commercial, to which the sewer is to be put. The applicant shall
         pay, as and for a connection charge, the sum of five hundred dollars ($500.00).

         (Amended: Ordinance No. 2008-01)

8.0205   Use of Municipal Sewer System.

         1.    No person shall discharge or cause to be discharged any storm water, surface
               water, ground water, roof runoff, subsurface drainage, cooling water or
               unpolluted industrial process waters into any municipal sanitary sewer.

         2.    No person shall discharge or cause to be discharged any of the following
               described waters or wastes into any municipal sewer.

               a.   Any liquid or vapor having a temperature higher than 150 degrees F.

               b.   Any water or waste which may contain more than 100 parts per million, by
                    weight, of fat, oil or grease.

               c.   Any gasoline, benzene, naptha, fuel oil, or other flammable or explosive
                    liquid, solid or gas.

               d.   Any garbage except properly shredded garbage.

               e.   Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,
                    feathers, tar, plastics, wood, paunch manure, or any other solid or viscous

                                             104
                    substance capable of causing obstruction to the flow in sewers or other
                    interference with the proper operation of the sewerage system.

              f.    Any waters or wastes containing a toxic or poisonous substance in
                    sufficient quantity to injure or interfere with any sewage treatment
                    process, constitute a hazard to humans or animals or to create any
                    hazard in the waters of the sewage disposal plant.

              g.    Any waters or wastes containing suspended solids of such character and
                    quantity that unusual attention or expense is required to handle such
                    materials at the sewage treatment plant.

              h.    Any noxious or malodorous gas or substance capable of creating a public
                    nuisance.

         3.   Grease, oil, and sand interceptors shall be provided when, in the opinion of the
              City Council, they are necessary for the proper handling of liquid wastes
              containing grease in excessive amounts, 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 City Council, and shall be located so as to be
              readily and easily accessible for cleaning and inspection. Grease and oil
              interceptors shall be constructed of impervious materials capable of
              withstanding abrupt and extreme changes in temperature. They shall be of
              substantial construction, water-tight, and equipped with easily removable
              covers which when bolted in place shall be gas-tight and water-tight. All
              grease, oil and sand interceptors shall be maintained by the owner, at his own
              expense, in continuously efficient operation at all times.

8.0206   Powers and Authority of Inspectors. The Superintendent or other duly authorized
         employees of the municipality bearing proper credentials and identification shall be
         permitted to enter upon all properties for the purpose of inspection, observation,
         measurement, sampling, and testing in accordance with the provisions of this
         Chapter.

8.0207   Rates and Charges for Sewage Treatment and Disposal Services.

         1.   There are herby established just and equitable rates, charges and rentals for
              treatment and disposal services and benefits as authorized by SDCL 9-50-16.
              Said charges shall from time to time be at least sufficient to produce net
              revenues adequate to pay the principal of and interest on the bonds payable
              from revenues of the sewage disposal plant as such principal and interest
              becomes due, and to create and maintain required reserve therefor, and said
              rates, charges and rentals shall be revised whenever necessary for such
              purpose. Said rates, charges and rentals shall be based on minimum monthly
              charges.

         2.   There shall be imposed a rate, charge, and rental for sewage treatment and
              disposal as set by resolution of the City Council.

              (Amended: Ordinance No. 2006-02)

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         3.    It is hereby found and determined that the sewage disposal plant prevents
               pollution of the water supply and, where the premises are connected to the
               municipal water system, the charge may be a surcharge on and collected with
               the regular monthly water bill. In case of nonpayment of such sewer surcharge
               within thirty (30) days, the City Council may discontinue water service to the
               premises in accordance with section 8.0113 of this ordinance. In the event of
               the discontinuance of water service the same shall not be resumed until
               payment of all past due water and sewer charges, including penalties thereon
               and a charge of two dollars ($2.00) for the resumption of service.

         4.    Where the premises are not connected to the municipal water service, the City
               Council may require that separate meters be installed to measure all sewage to
               be discharged into the municipal sewer or may require a special charge and
               permit.

         5.    Any claim for unpaid rates, charges or rentals which have been properly billed
               may be collected in a civil action against such owner or occupant in any court
               of competent jurisdiction.

         6.    There shall be maintained within the sewer Improvement Fund, a sewer
               maintenance and construction account. All receipts from the connection
               charge as made and collected pursuant to Section 8.0204 shall be credited to
               said account and shall be used to pay cost of construction, maintenance and
               repair of main and service sewers. Any additional expense of such
               construction, maintenance or repairs shall be provided out of the general fund
               of the municipality or from special assessments against property benefitted by
               such sewers and shall not be paid from any other revenues. All proceeds from
               the rates, charges and rentals herein provided shall be credited to the
               operation and maintenance account of said fund and shall be used and applied
               in accordance with the provisions of this Chapter.

8.0208   Penalties. No unauthorized person shall maliciously, willfully or negligently break,
         damage, destroy, uncover, deface or tamper with any structure, appurtenance or
         equipment which is a part of the municipal sewage system. Any person violating this
         provision shall be guilty of a misdemeanor and punishable according to law. Any
         person violating any other provision of this Chapter shall be served by the
         municipality with written notice stating the nature of the violation and providing a
         reasonable time limit for the satisfactory correction thereof. The offender shall, within
         the period of time stated in such notice, permanently cease all violations or shall be
         guilty of a misdemeanor. Any person violating any of the provisions of this Chapter
         shall become liable to the municipality for any expense, loss or damage occasioned
         the municipality by reason of such violation.


CHAPTER 8.03 - STORMWATER DRAINAGE
8.0301   Fee

         (a)    The purpose of this division is to establish a charge against real property within
               the city for the operation, maintenance, and capital expenses of the storm
               sewer and drainage system.

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(b)     All real property, except property owned by cemetery corporations, within the
       city shall be charged an annual fee for the operation, maintenance, and capital
       improvements of the storm sewer and drainage system. The fee for such
       property shall be based on the lot area, a runoff weighting factor, and a unit
       financial charge, and which fee is determined as follows:

       Storm Drainage Fee equals the runoff weighting factor, multiplied by parcel
       area (in square feet), multiplied by unit financial charge (in dollars per square
       feet).

       (1)    Runoff weighting factor. The runoff weighting factor is determined by the
             type of land use, and indicates the relative volume of storm water runoff
             from a land parcel, as a function of the percentage of impervious surfaces
             covering each land parcel. The runoff weighting factor is to be assigned
             by land use type, as shown in Table I:

TABLE I*

  Land       Land Use                                                    Runoff
  Use                                                                   Weighting
  Code                                                                   Factor
      1      Private road                                                    5
      2      Railroad right-of-way                                           5
      3      Platted public right-of-way                                     5
             Single family (lot area less than 30,000 square
      11     feet)                                                          7.5
             Single family (lot area of 30,000 -- 60,000 square
      12     feet)                                                         7.5
      13     Estate (lot area of 60,000 -- 100,000 square feet)            3.5
      14     Estate (lot area greater than 100,000 square feet)            2.5
      15     Two family                                                   11.25
      16     Manufactured housing                                         11.25
      21     Townhouse                                                     7.5
      22     Apartments - 1 to 3 stories                                  11.25
      23     Apartments - 4 or more stories                               11.25
      31     Banks and financial institutions                             18.75
      32     Government offices                                           18.75
      33     Other offices                                                18.75
      34     Public parking ramps and lots                                18.75
      35     Public service facility                                        1
      36     Neighborhood and public utilities                             17
      37     Neighborhood-compatible storage                              18.75
      38     Leased private parking lots                                  18.75
      40     Churches                                                     11.25
      41     Nursing homes                                                11.25

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   42      Assisted living and group homes                           11.25
   43      Health clubs and activity center                          18.75
   44      Colleges, Universities, and adult ed.                     11.25
   45      Hospitals/funeral homes                                   11.25
   46      Primary, secondary & special education                    11.25
   47      Day care centers                                          11.25
   48      Assembly areas, arenas, stadiums                          18.75
   49      Cultural activities, libraries, museums                   18.75
   51      Low intensity commercial                                   17
   52      Moderate intensity commercial                             18.75
   53      High intensity commercial                                 18.75
   61      Mining                                                      1
   62      Airport                                                     5
   63      Assembly, processing & manufacturing                       17
   64      Warehousing, distribution, wholesale                       17
   65      Process plants and feedlots                                17
   66      Salvage yards and junk yards                               7.5
   67      Mini-storage                                               17
   68      Large public or private utilities                          17
   69      Military facilities                                        17
   71      Public parks                                                1
   72      Public golf courses                                         1
   73      Community Gardens                                           1
   74      Private golf courses                                        1
   75      Private campgrounds                                         1
   81      Cemetery                                                    1
   82      Natural drainage facility or dike                           0
   83      Tree farm                                                   1
   84      Public nature/conservation areas                            1
   85      Bodies of water                                             0
   86      Private common space or nature area                         1
   91      Crop land and farms                                         1
   92      Grazing land                                                1
   93      Limited development potential                               1
   94      Developing site - new serviceable lot                       1
   95      Developing site - redeveloping Lot                          1
   96      Building Permit                                             1

Upon written request from a property owner, a detailed site study will be conducted
by the city engineer to determine the runoff weighting factor. This written request

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must be submitted to the Authorized Official on or before April 30 of the year the fees
are charged to the subject land parcel. The city engineer shall calculate the
percentage of impervious area for the subject parcel which contributes storm water
runoff to the drainage system of the city. This system includes the storm sewer
system, drainageways, the diversion channel, and the Big Sioux River and Skunk
Creek within the city. The runoff weighting factor is then determined through
utilization of Table II. This calculation shall be completed by July 1 of the year the
written appeal is requested.

TABLE II

 Percentage Average Runoff to Rainfall           Runoff Weighting Factor
Impervious Ratio (Rv*)                           (Rv × 25)
Area
   0           0.04                              1.0
   10          0.19                              4.75
   15          0.26                              6.5
   20          0.30                              7.5
   30          0.38                              9.5
   40          0.45                              11.25
   50          0.53                              13.25
   60          0.60                              15.0
   70          0.68                              17.0
   80          0.75                              18.75
   90          0.83                              20.75
  100          0.90                              22.5

*These values are derived from the "STORM" equation (figure 5-20, page 5-49), A
 Statistical Method for the Assessment of Urban Storm Drainage, EPA, Washington,
 D.C., January 1979. For low percentage impervious surfaces (zero percent to 20
 percent), a linear relationship was assumed between the "STORM" equation and
 empirical data derived from drainage runoff in high depression storage, loose soils,
 and flat areas.

Interpolation of the runoff weighting factor for a given percentage of impervious area
not listed in Table II may be obtained by assuming a linear relationship between the
values listed.

The Authorized Official may direct that the runoff weighting factor for a given parcel
be calculated by a detailed site investigation and Table II, where an obvious
departure from the percentage of impervious surfaces of similar land uses exists.

A determination of the runoff weighting factor, resulting from a detailed site
investigation and Table II, brought about either by written request from a property
owner or direction from the Authorized Official, shall be used in the calculation of the

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         subject parcels storm drainage fee and shall replace the factor previously derived
         from Table I, even if the resulting value is higher.

              (2)     Parcel area. Parcel area is to be obtained from the records of the Lincoln
                      County Assessor’s Office and Lincoln County Register of Deeds.

         (Amended: Ordinance No. 2008-06)

8.0302   Collection

         The storm drainage fee established in chapter 8.0301 shall be an annual charge.
         The first half of the fee is due on May 1, and the second half is due on November 1,
         of the same year, payable at the office of county treasurer within which the land
         parcel lies. These fees shall be remitted or turned over to the city finance director, at
         least once a month, by the county treasurer.

         (Amended: Ordinance No. 2008-06)

8.0303   Fund established

         The stormwater drainage fees paid to the city shall be kept in a separate fund to be
         known as the stormwater drainage fund. This fund shall be used to pay the cost of
         financing the operation, maintenance or construction of the drainage and storm
         sewer system.

         (Amended: Ordinance No. 2008-06)

8.0304   Unit Charge

         The unit charge shall be effective at a rate of ($0.0007) seven hundred thousandths.
         This rate can adjust by resolution of the City Council.

         (Amended: Ordinance No. 2008-06)




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TITLE 9 - PLANNING AND ZONING AND BUILDING REGULATIONS

                Chapter 9.01 - Planning Commission
                Chapter 9.02 - Zoning and Subdivision Regulations
                Chapter 9.03 - Plumbing and Electrical Work
                Chapter 9.04 - Residential Building Code
                Chapter 9.05 - Building Code
                Chapter 9.06 - Mechanical and Fuel Gas Code
                Chapter 9.07 - Property Maintenance Code
                Chapter 9.08 - Flood Damage Prevention

CHAPTER 9.01 - PLANNING COMMISSION
9.0101   Created. There is hereby created a city planning commission for the city and for land
         within three miles of its corporate limits and not located within any other municipality.

         (Amended: Ordinance No. 2006-05)

9.0102   Composition. The city planning commission shall consist of not less than five
         members approved by the city council. The term of each appointed member shall be
         for five years.

         (Amended: Ordinance No. 2006-05)

9.0103   Appointment. The members of the city planning commission shall be appointed by
         the mayor subject to the approval of the city council.

         (Amended: Ordinance No. 2006-05)

9.0104   Terms of Members. The appointment of each member of the planning commission
         shall be for terms of five years so that there will be an overlapping of tenures. Initial
         term length for each individual member shall be determined by resolution of the city
         council following adoption of this ordinance.

         (Amended: Ordinance No. 2006-05)

9.0105   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.

         (Amended: Ordinance No. 2006-05)

9.0106   Removal for Cause. The mayor, with the confirmation of the city council, shall after
         public hearing 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 record of such
         hearing.

         (Amended: Ordinance No. 2006-05)

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9.0107   Compensation; Expenses. All members of the planning commission shall be
         compensated for meetings attended and actual expenses, which shall be subject to
         approval of the city council.

         (Amended: Ordinance No. 2006-05)

9.0108   Organization. Upon appointment the planning commission shall be called together
         by the mayor and shall organize by electing a chairman from among its members for
         a term of one year with eligibility for reelection, and may fill such other of its offices
         as it may create in a manner prescribed by the rules of such planning commission.

         (Amended: Ordinance No. 2006-05)

9.0109   Meetings; Rules; Records. The planning commission shall hold at least one regular
         meeting each month. Subject to the approval of the city council, it shall adopt such
         rules for transaction of it business and shall keep a record of its resolutions,
         transactions, findings, and determinations which shall be a public record.

         (Amended: Ordinance No. 2006-05)

9.0110   Annual Report. The planning commission shall each year on or about May 1 make a
         report to the city council of its proceedings with a statement of its receipts and
         disbursements and the progress of its work during the preceding year.

         (Amended: Ordinance No. 2006-05)

9.0111   Employment of Staff. Subject to the approval of the city council, the planning
         commission may employ such technical, engineering, clerical and other assistance
         as may be deemed essential to carry on the work of the planning commission.
         Persons so employed shall not be under the civil service except as otherwise
         determined by the city council. In case of the employment of a fulltime planning
         engineer by the city, his work shall be performed in cooperation with and under the
         direction of the planning commission. The compensation of all such employees shall
         be fixed by the city council.

         (Amended: Ordinance No. 2006-05)

9.0112   Contracts. All contracts and agreements relating to the work of the planning
         commission and for services or materials required by it shall be made by the city
         council in its discretion.

         (Amended: Ordinance No. 2006-05)

9.0113   Miscellaneous Powers. The planning commission shall have all powers granted to
         zoning commissions and shall also be the zoning commission of the city. The
         planning commission may make reports and recommendations relating to the plan
         and development of the city to public officials and agencies, public utility companies,
         civic, educational, professional, and other organizations, and citizens. It may
         recommend to the executive or legislative officials of the city programs for public
         improvements and the financing thereof. All public officials shall, upon request,
         furnish to the planning commission, within a reasonable time, such available

                                              112
         information as it may require for its work. The planning commission, its members
         and employees, in the performance of its functions, may enter upon any land, make
         examinations and surveys and place and maintain necessary monuments and marks
         thereon. In general, the planning commission shall have all such powers as may be
         necessary to enable it to fulfill and perform its functions, promote city planning or
         carry out all the purposes of this chapter.

         (Amended: Ordinance No. 2006-05)

9.0114   Preparation of Comprehensive Plan for City Development; Contents of Plan;
         Changes or Additions. It shall be a function and duty of the planning commission to
         propose a plan for the physical development of the city, including any areas outside
         the boundary and within its planning jurisdiction which, in the planning commission’s
         judgment, bear relation to the planning of the city. The comprehensive plan, with the
         accompanying maps, plats, charts and descriptive and explanatory matter, shall
         show the planning commission’s recommendations for the physical development and
         may include, among other things, the general location, character, and extent of
         streets, bridges, viaducts, parks, parkways, waterways and waterfront developments,
         playgrounds, airports, and other public ways, grounds, places and spaces; the
         general location of public schools, of public buildings and other public property; a
         zoning ordinance for the regulation of the height, area, bulk, location, and use of
         private and public structures and premises; and of population density as may be
         provided by law may be included as an adjunct to the comprehensive plan; the
         general location and extent of public utilities and terminals, whether publicly or
         privately owned, for water, light, power, heat, sanitation, transportation,
         communication, and other purposes; the acceptance, widening, removal, extension,
         relocation, narrowing, vacation, abandonment, or change of use of any of such public
         ways, grounds, places, spaces, buildings, properties, utilities, or terminals; the
         general location, character, layout, and extent of community centers and
         neighborhood units, and the general character, extent, and layout of the replanning
         of blighted districts and slum areas. The planning commission may from time to time
         propose amendments, extensions, or additions to the plan or carry any of the subject
         matter into greater detail.

         (Amended: Ordinance No. 2006-05)

9.0115   Petitioned Annexation - Generally. Upon receipt of a request from a property owner
         to annex a legally described property; the petitioner, city planning commission, and
         the public works department in consultation with the city engineer’s office shall
         complete an analysis regarding utility schedules and associated costs for including
         the continuous territory into the municipal boundaries.

         (Amended: Ordinance No. 2006-05)

9.0116   Resolution. The city council may adopt a resolution to extend its boundaries. The
         resolution shall address the following:

         1.   The petitioners’ analysis;

         2.   The description and boundaries of the contiguous territory to be annexed;


                                            113
         3.   The proposed land uses and densities associated with the parcel to be
              annexed;

         4.   That municipal utilities and access to a major street network are considered in
              terms of the proposed boundary and land uses.

         (Amended: Ordinance No. 2006-05)

9.0117   Study Required Before Annexation Without Petition.

         A.   Except as provided by SDCL 9-4-1, before a municipality may extend its
              boundaries to include contiguous territory, the governing body shall conduct a
              study to determine the need for the contiguous territory and to identify the
              resources necessary to extend the municipal boundaries.

         B.   The planning and building services department shall follow the process detailed
              within South Dakota law in annexing contiguous territory within the urbanized,
              planned and future urbanized areas as detailed within the adopted
              comprehensive plan.

         (Amended: Ordinance No. 2006-05)

9.0118   Pre-annexation Agreement - Generally. Upon receipt of a request from property
         owner(s) to complete a pre-annexation agreement; the petitioner, city planning
         commission, and the public works department in consultation with the city engineer’s
         office shall complete an analysis regarding utility schedules and associated costs for
         including the non-contiguous territory into the municipal boundaries at such time as
         the property becomes contiguous.

         (Amended: Ordinance No. 2006-05)

9.0119   Resolution. The city council shall then adopt a resolution for future extension of its
         boundaries. The resolution shall address the following:

         1.   The petitioners’ analysis;

         2.   An agreement that the property owner(s) waive legal rights opposing future
              annexation;

         3.   The description and boundaries of the non-contiguous territory to be annexed
              in the future;

         4.   The proposed land uses and densities associated with the parcel to be
              annexed in the future;

         5.   That municipal utilities and access to a major street network are considered in
              terms of the proposed boundary and land uses.

         (Amended: Ordinance No. 2006-05)



                                             114
9.0120   Petitioned Annexation; Fee. To defray the costs of processing, investigating,
         conducting public hearings, filing and recording of annexation petitions, a fee shall be
         required as established by the city council and shall be paid by any person filing a
         petition for annexation of territory of the city. The city may waive all or a portion of
         the filing fee.

         (Amended: Ordinance No. 2006-05)

9.0121   Comprehensive Plan. It shall be a function and duty of the city planning commission
         to make and adopt a comprehensive plan for the physical development of the city.
         The plan may include among other things, population and economic projections, park
         and recreation plans, a major street plan, water and sewer plans, and a land use
         plan which shows the planning commission’s recommendations for future physical
         development. (SDCL 11-6-14)

         (Amended: Ordinance No. 2006-05)

9.0122   Zoning and Subdivision Regulations. In exercising the duties granted to it by this
         Chapter, the city planning commission shall prepare regulations governing land uses,
         building or set-back lines and the subdivision or platting of land within the city in
         accordance with SDCL 11-4 and 11-6.

         (Amended: Ordinance No. 2006-05)


CHAPTER 9.02 - ZONING AND SUBDIVISIONS REGULATIONS (SEE
              APPENDIX I)


CHAPTER 9.03 - PLUMBING AND ELECTRICAL WORK
9.0301   Registration Required. No person shall engage in or do any work as a plumbing or
         electrical contractor, plumber or electrician, or apprentice in the City unless
         registered to do so with the South Dakota State Plumbing Board or State Electrical
         Board pursuant to SDCL 36-16 and 36-25. A copy of such registration shall be filed
         with the Finance Officer. Nothing in this Section shall prohibit any person from doing
         plumbing or electrical work which complies with the provisions of the minimum
         standards prescribed by the South Dakota State Plumbing Board or State Electrical
         Board on property owned and occupied by him or her or on premises where he or
         she may be employed in full time maintenance work, provided that such plumbing or
         electrical work is still subject to all other applicable ordinances and regulations.
         (SDCL 9-34-12)


CHAPTER 9.04 - RESIDENTIAL CODE
9.0401   Adopted. The International Residential Code, 2006 edition-including Appendix E,
         Appendix G, and Appendix H-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,

                                             115
         movement, repair, equipment, use and occupancy, location, removal, and demolition
         of detached one- and two-family dwellings and townhouses 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 therefore. The
         minimum building standards in the 2006 edition of the International Residential Code
         and amendments thereto shall be applied to any building permit issued after June 2,
         2009.

         A printed copy as amended is on file with the city finance officer.

         (Amended: Ordinance No. 2009-03)

9.0402   Amendments and additions. The following sections and subsections of the
         residential building code adopted in this article shall be amended, added, or deleted
         as follows. All other sections or subsections of the residential building code shall
         remain the same.

         R101.1 Title. These provisions shall be known as the Residential Code for One- and
         Two-Family Dwellings of the City of Harrisburg, and shall be cited as such and will be
         referred to herein as this code.

         R101.2 Scope. The provisions of the International Residential Code for One- and
         Two-Family Dwellings 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 and multiple single-family
         dwellings (townhouses) not more than three stories above grade in height with a
         separate means of egress and their accessory structures.

         Exception: Existing buildings undergoing repair, alteration or additions, and change
         of occupancy may be permitted to comply with the International Existing Building
         Code.

         R103.1 Enforcement agency. Planning and zoning department is hereby created
         and the official in charge thereof shall be known as the building official.

         R103.2 Appointment. Repealed.

         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 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 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. Any suit instituted against an officer or employee because of an act or
         omission 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 immunities and defenses provided by other applicable state
         and federal laws. 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.


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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.

R105.1 Required. Any owner or 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 done, shall first make application to the building official
and obtain the required permit. The building official may exempt permits for minor
work.

R105.2 Work exempt from permit. Permits shall not be required for the following.
Exemption from the 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 the city.

Building:

     1.     One-story detached accessory structures, provided the floor area does
            not exceed 50 square feet (4.65 m2).

     2.     Fences not over 6 feet (1,829 mm) high. A fence permit in accordance
            with the zoning ordinance is required.

     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 two to one.

     5.     Sidewalks and driveways.

     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 which do not project more
            than 54 inches (1,372 mm) from the exterior wall and do not require
            additional support.

     10.    Shingling or other similar roofing work.


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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.

Mechanical:

       1.   Portable heating appliance.

       2.   Portable ventilation appliances.

       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 minor part that does not alter approval of equipment
            or make such equipment unsafe.

       6.   Portable evaporative cooler.

       7.   Self-contained refrigeration systems containing ten pounds (4.54 kg) or
            less of refrigerant or that are actuated by motors of one 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.

            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. 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.

R106.1.5 Foundation reinforcement. Construction for detached one- and two-
family dwellings and townhouses shall be provided with the intended reinforcement
of foundation walls referenced in Tables 404.1.1(2), 404.1.1(3) and 404.1.1(4) for
masonry foundation walls and Table 404.1.1.(5) for concrete foundation walls where
the foundation wall exceeds the provisions of Table 404.1.1(1).




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R108.2 Schedule of permit fees. On buildings, structures, mechanical, 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 by resolution by the City
Council and can be obtained from the City of Harrisburg Offices.

R108.6 Delinquent accounts. The administrative authority may refuse to issue
permits or conduct inspections for any person or business whose account is
delinquent.

R108.7 Work commencing before permit issuance. Any person who commences
any work on a building, structure, or mechanical before obtaining the necessary
permits shall be subject to an additional fee established by the building official that
shall be in addition to the required permit fees. Legal and/or civil proceedings may
also be commenced.

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.

R110.1 Use and occupancy. No building or structure shall be used or occupied,
and no change in the existing occupancy classification of a building or structure or
portion thereof shall be made until the building official has issued a certificate of
occupancy therefore as provided herein and final inspections have been obtained
from the electrical, mechanical, plumbing, and building inspection divisions of
building services. An inspection placard shall be posted on the electrical panel or an
equivalent placement determined by the building inspector, which is signed two
separate times after framing and final inspections respectively have occurred by the
building inspector for new one- and two-family dwelling units and multiple single-
family dwellings (townhouses). An additional inspection placard shall be posted on
the electrical panel or an equivalent placement determined by the mechanical
inspector, which is signed two separate times after rough-in and final inspections
respectively have occurred by the mechanical inspector for new one- and two-family
dwelling units and multiple single-family dwellings (townhouses). 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 jurisdiction. 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.



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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. There shall be and is hereby created a process for appeals 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. Members shall consist of any member
on the City Council.

The Council 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 Council shall have
authority relative to the interpretation of the administrative provisions of this code and
shall 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 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.

R202 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

     1.    Ground Snow Load. 40 psf contour

           Roof slopes with a rise of 3 inches (76.2 mm) or less to 12 inches (305
           mm) shall be designed for a full or unbalanced snow load of not less than
           30 pounds per square foot (1.44 kN/square meter) of horizontal
           projection. Where a roof system is designed to slope less than 1/4 inch
           (6.35 mm) per 12 inches (305 mm), a surcharge load of not less five
           pounds per square foot (0.24 kN/square meter) in addition to the required
           live load due to snow shall be designed for.

           Roof slopes with over 3 inches (76.2 mm) of rise per 12 inches (305 mm)
           shall be designed for a full or unbalanced snow load of not less than 25
           pounds per square foot (1.2 kN/square meter) of horizontal projection.



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      Potential unbalanced accumulation of snow at valleys, parapets, roof
      structures, and offsets in roofs of uneven configuration shall be
      considered.

2.    Wind Speed. (Footnote d) 90 mph.

3.    Seismic Design Category. (Footnote f) A.

4.    Weathering. (Footnote a) Severe.

5.    Frost Line Depth. (Footnote b) 42 inches (1,067 mm).

6.    Termite Damage. (Footnote c) Slight to Moderate.

7.    Winter Design Temperature. -11 degrees Fahrenheit

8.    Ice shields underlayment required (h) Yes

9.    Flood Hazards. (Footnote g). Harrisburg entered the regular phase of the
      National Flood Insurance Program on April 7, 1997.

10.   Air Freezing Index. (Footnote i) 2500

11.   Mean Annual Temperature (degrees Fahrenheit) 46

      For SI: 1 pound per square foot = 0.0479 kN/m2, 1 mile per hour = 1.609
      km/h.

      a.   Weathering may require a higher strength concrete or grade of
           masonry than necessary to satisfy the structural requirements of this
           code. The weathering column shall be filled in with the weathering
           index (i.e., "negligible," "moderate," or "severe") for concrete as
           determined from the Weathering Probability Map [Figure R301.2(3)].

      b.   The frost line depth may require deeper footings than indicated in
           Figure R403.1(1). 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(4)]. 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 ½ percent values for winter from the Plumbing Code.
           Deviations from the temperatures shall be permitted to reflect local


                               121
                     climates or local weather experience as determined by the building
                     official.

               f.    The jurisdiction shall fill in this part of the table with the Seismic
                     Design Category determined from Section R301.2.2.1.

               g.    To establish flood hazard areas, the city has adopted 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 engineered report entitled
                     "The Flood Insurance Study for Lincoln County, South Dakota and
                     Incorporated Areas" dated April 2, 2008, as amended or revised
                     with the accompanying Flood Insurance Rate Map (FIRM) 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 the
                     floodplain management ordinance shall prevail.

               h.    In accordance with Sections R905.2.7.1, 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%) value on the National Climatic Data
                     Center data table, "Air Freezing Index-USA Method (Base 32°
                     Fahrenheit)," at www.ncdc.noaa.gov/fpsf.html.

               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 degrees Fahrenheit)," at
                     www.ncdc.noaa.gov/fpsf.html.

TABLE R301.5 MINIMUM UNIFORMLY DISTRIBUTED LIVE LOADS
   (in pounds per square foot)

USE                                                    LIVE LOAD
Attics with limited storage b, g, h                    20
Attics without storage b                               10
Decks e                                                40
Exterior balconies                                     60


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Fire escapes                                        40
Guardrails and handrails d                          200i
Guardrails in-fill components f                     50i
Passenger vehicle garages a                         50a
Rooms other than sleeping rooms                     40
Sleeping rooms                                      40
Stairs                                              40c

   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.   Attics without storage are those where the maximum clear height
                    between joist and rafter is less than 42 inches, or where there are
                    not two or more adjacent trusses with the same web configuration
                    capable of containing a rectangle 42 inches high by 2 feet wide, or
                    greater, located within the plane of the truss. For attics without
                    storage, 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 R502.2.1 for decks attached to exterior walls.

               f.   Guard in-fill components (all those except the handrails), 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.   For attics with limited storage and constructed with trusses, this live
                    load need be applied only to those portions of the bottom chord
                    where there are two or more adjacent trusses with the same web
                    configuration capable of containing a rectangle 42 inches high or
                    greater by 2 feet wide or greater, located within the plane of the
                    truss. The rectangle shall fit between the top of the bottom chord
                    and the bottom of any other truss member, provided that each of the
                    following criteria is met:


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                   1.     The attic area is accessible by a pull-down stairway or framed
                          opening in accordance with Section R807.1; and

                   2.     The truss has a bottom chord pitch less than 2:12.

              h.   Attic spaces served by a fixed stair shall be designed to support the
                   minimum live load specified for sleeping rooms.

              i.   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.

   R302.1 Exterior walls. Construction, projections, openings, and penetrations of
   exterior walls of dwellings and accessory buildings shall comply with Table R302.1.
   These provisions shall not apply to walls, projections, openings, or penetrations in
   walls that are perpendicular to the line used to determine the fire separation
   distance. Projections beyond the exterior wall shall not extend more than 12 inches
   (305 mm) into the areas where openings are prohibited.

   Exceptions:

        1.    Detached tool and storage sheds, playhouses, and similar structures
              exempted from permits not required to provide wall protection based on
              location on the lot. Projections beyond the exterior wall shall not extend
              over the lot line.

        2.    Detached garages accessory to a dwelling located within 3 feet of a lot
              line may have roof eave projections not exceeding 4 inches.

        3.    Foundation vents installed in compliance with this code are permitted.

   TABLE R302.1 EXTERIOR WALLS

Exterior Wall Element                            Minimum Fire-               Minimum Fire
                                                 Resistance                  Separation
                                                 Rating                      Distance
Walls                   (Fire-                   1 hour with                 0 feet
                        resistance               exposure from
                        rated)                   both sides
                        (Not fire-               0 hours                     5 feet
                        resistance
                        rated)
Projections             (Fire-                   1 hour on the               < 3 feet
                        resistance               underside

                                       124
                       rated)
                       (Not fire-                  0 hours                     3 feet
                       resistance
                       rated)
Openings               Not allowed                 N/A                         < 3 feet
                       25% Maximum                 0 hours                     3 feet
                       of Wall Area
                       Unlimited                   0 hours                     5 feet
Penetrations           All                         Comply with                 < 5 feet
                                                   Section R317.3
                                                   None required               5 feet

   N/A = Not Applicable

   R303.6.1 Light activation. Where lighting outlets are installed in interior stairways,
   there shall be a wall switch at each floor level to control the lighting outlet where the
   stairway has six or more risers. The illumination of exterior stairways shall be
   controlled from inside the dwelling unit.

   Exception: Lights that are continuously illuminated or automatically controlled.

   R308.4 Hazardous locations. The following shall be considered specific hazardous
   locations for the purposes of glazing:

        1.     Glazing in swinging doors except jalousies.

        2.     Glazing in fixed and sliding panels of sliding door assemblies and panels
               in sliding and bifold closet door assemblies.

        3.     Glazing in storm doors.

        4.     Glazing in all unframed swinging doors.

        5.     Glazing in doors and enclosures for hot tubs, whirlpools, saunas, steam
               rooms, bathtubs, and showers. Glazing in any part of a building wall
               enclosing these compartments where the bottom exposed edge of the
               glazing is less than 60 inches (1524 mm) measured vertically above any
               standing or walking surface.

        6.     Glazing in an individual fixed or operable panel adjacent to a door where
               the nearest vertical edge is within a 24-inch (610 mm) arc of the door in a
               closed position and whose bottom edge is less than 60 inches (1524 mm)
               above the floor or walking surface.




                                         125
     7.    Glazing in an individual fixed or operable panel, other than those
           locations described in Items 5 and 6 above, that meets all of the following
           conditions:

     7.1. Exposed area of an individual pane larger than 9 square feet (0.836 m2).

     7.2. Bottom edge less than 18 inches (457 mm) above the floor.

     7.3. Top edge more than 36 inches (914 mm) above the floor.

     7.4. One or more walking surfaces within 36 inches (914 mm) horizontally of
          the glazing.

     8.    All glazing in railings regardless of an area or height above a walking
           surface. Included are structural baluster panels and nonstructural infill
           panels.

     9.    Glazing in walls and fences enclosing indoor and outdoor swimming
           pools, hot tubs, and spas where the bottom edge of the glazing is less
           than 60 inches (1524 mm) above a walking surface and within 60 inches
           (1524 mm) horizontally of the water's edge. This shall apply to single
           glazing and all panes in multiple glazing.

     10.   Glazing adjacent to stairways, landings, and ramps within 36 inches (914
           mm) horizontally of a walking surface when the exposed surface of the
           glass is less than 60 inches (1524 mm) above the plane of the adjacent
           walking surface.

     11.   Glazing adjacent to stairways within 60 inches (1524 mm) horizontally of
           the bottom tread of a stairway in any direction when the exposed surface
           of the glass is less than 60 inches (1524 mm) above the nose of the
           tread.

Exception: The following products, materials, and uses are exempt from the above
hazardous locations:

     1.    Openings in doors through which a 3-inch (76 mm) sphere is unable to
           pass.

     2.    Decorative glass in Items 1, 6, or 7.

     3.    Glazing in Section R308.4, Item 6, when there is an intervening wall or
           other permanent barrier between the door and the glazing.

     4.    Glazing in Section R308.4, Item 6, in walls perpendicular to the plane of
           the door in a closed position, other than the wall toward which the door
           swings when opened, or where access through the door is to a closet or
           storage area 3 feet (914 mm) or less in depth. Glazing in these
           applications shall comply with Section R308.4, Item 7.



                                    126
     5.    Glazing in Section R308.4, Items 7 and 10, when a protective bar is
           installed on the accessible side(s) of the glazing 36 inches ± 2 inches
           (914 mm ± 51 mm) above the floor. The bar shall be capable of
           withstanding a horizontal load of 50 pounds per linear foot (730 N/m)
           without contacting the glass and be a minimum of 1½ inches (38 mm) in
           height.

     6.    Outboard panes in insulating glass units and other multiple glazed panels
           in Section R308.4, Item 7, when the bottom edge of the glass is 25 feet
           (7620 mm) or more above grade, a roof, walking surfaces, or other
           horizontal [within 45 degrees (0.79 rad) of horizontal] surface adjacent to
           the glass exterior.

     7.    Louvered windows and jalousies complying with the requirements of
           Section R308.2.

     8.    Mirrors and other glass panels mounted or hung on a surface that
           provides a continuous backing support.

     9.    Safety glazing in Section R308.4, Items 10 and 11, is not required where:

     9.1. The side of a stairway, landing, or ramp has a guardrail or handrail,
          including balusters or in-fill panels, complying with the provisions of
          Sections 1013 and 1607.7 of the International Building Code; and

     9.2. The plane of the glass is more than 18 inches (457 mm) from the railing;
          or

     9.3. When a solid wall or panel extends from the plane of the adjacent walking
          surface to 36 inches (914 mm) above the floor and the construction at the
          top of that wall or panel is capable of withstanding the same horizontal
          load as the protective bar.

     10.   Glass block panels complying with Section R610.

R310.1 Emergency escape and rescue required. Basements and every sleeping
room shall have at least one operable emergency and rescue opening. Such
opening shall open directly into a public street, public alley, yard, or court. Where
basements contain one or more sleeping rooms, emergency egress and rescue
openings shall be required in each sleeping room, but shall not be required in
adjoining areas of the basement. Where emergency escape and rescue openings
are provided, they shall have a sill height of not more than 48 inches (1,220 mm)
above the floor. Where a door opening having a threshold below the adjacent
ground elevation serves as an emergency escape and rescue opening and is
provided with a bulkhead enclosure, the bulkhead enclosure shall comply with
Section R310.3. 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. Emergency escape and rescue openings with a finished sill height below
the adjacent ground elevation shall be provided with a window well in accordance
with Section R310.2. Emergency escape and rescue openings shall open directly
into a public way, or to a yard or court that opens to a public way.

                                   127
   Exception: Basements used only to house mechanical equipment and not
   exceeding total floor area of 200 square feet (18.58 m2).

   R310.1.1 Minimum opening area. All emergency escape and rescue openings
   shall have a minimum net clear opening of 5.0 square feet (0.465 m2).

   R310.2.1 Ladder and steps. Window wells with a vertical depth greater than 48
   inches (1,220 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 R311.5 and R311.6. Ladders
   or rungs shall have an inside width of at least 12 inches (305 mm), shall
   project at least three 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.

   R311.4.3 Landings at doors. There shall be a floor or landing on each side of each
   exterior door. The floor or landing at the exterior door shall not be more than 1.5
   inches (38 mm) lower than the top of the threshold. The landing shall be permitted to
   have a slope not to exceed 0.25 unit vertical in 12 units horizontal (2 percent).
   Exceptions:

         1.    Where a stairway of two or fewer risers is located on the exterior side of a
               door, other than the required exit door, a landing is not required for the
               exterior side of the door provided the door, other than an exterior storm or
               screen door, does not swing over the stairway.

         2.    The exterior landing at an exterior doorway shall not be more than 8
               inches (202 mm) below the top of the threshold, provided the door, other
               than an exterior storm or screen door, does not swing over the landing.

         3.    The height of floors at exterior doors, other than the exit door, required by
               Section R311.4.1 shall not be more than 8 inches (202 mm) lower than
               the top of the threshold.

R311.5.3.1 Riser height. The maximum riser height shall be 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).

R311.5.3.3 Profile. The radius of curvature at the leading edge of the tread shall be no
greater than 9/16-inch (14.3 mm). A nosing not less than 3/4-inch (19 mm) but not more
than 1 1/4-inch (32 mm) shall be provided on stairways with solid risers. The greatest
nosing projection shall not exceed the smallest nosing projection by more than 3/8-inch
(9.5 mm) between two stories, including the nosing at the level of floors and landings.
Beveling of nosing shall not exceed 1/2 inch (12.7 mm). Risers shall be vertical or
sloped from the underside of the leading edge of the tread above at an angle not more
than 30 (0.51 rad) degrees from the vertical. Open risers are permitted.

Exception: A nosing is not required where the tread depth is a minimum of ten inches
(255 mm).

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R311.5.6.2 Continuity. Handrails for stairways shall extend the full length of the flight,
from a point directly above the top riser of the flight to a point directly above 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 inch (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.

   R311.5.6.3 Handrail grip size. All required handrails shall be of one of the following
   types or provide equivalent grasp ability.

         1.    Type I. Handrails with a circular cross section shall have an outside
               diameter of at least 1 1/4 inches (32 mm) and not greater than two inches
               (51 mm). If the handrail is not circular it shall have a perimeter dimension
               of at least four inches (102 mm) and not greater than 6 1/4 inches (160
               mm) with a maximum cross section of dimension of 2 1/4 inches (57 mm).

         2.    Type II. Handrails with a perimeter greater than 6 1/4 inches (160 mm)
               shall provide 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 at least 5/16 inch (8mm) within 7/8 inch (22mm) below the
               widest portion of the profile. This required depth shall continue for at
               least 3/8 inch (10mm) to a level that is not less than 1 3/4 inches (45
               mm) below the tallest portion of the profile. The minimum width of the
               handrail above the recess shall be 1 1/4 inches (32 mm) to a maximum of
               2 3/4 inches (70 mm). Edges shall have a minimum radius of 0.01 inches
               (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.

   R312.2 Guard opening limitations. Required guards on open sides of stairways,
   raised floor areas, balconies and porches shall have intermediate rails or ornamental
   closures, which do not allow passage of a sphere five inches (127 mm) or more in
   diameter.

   Exception: The triangular openings formed by the riser, tread and bottom rail of a
   guard at the open side of a stairway are permitted to be of such a size that a sphere
   six inches (152 mm) cannot pass through.

   R313.2 Smoke alarms. Smoke alarms shall be installed in the following locations:

         1.    In each sleeping room.



                                         129
     2.    Outside each separate sleeping area in the immediate vicinity of the
           bedroom.

     3.    On each additional story of the dwelling, including basements but 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.    Where the ceiling height of a room is open to the hallway serving the
           bedrooms 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 (1220 mm) in length are allowed to omit the
smoke detector within the hallway adjacent to the bedrooms.

When more than one smoke alarm is required to be installed within an individual
dwelling unit, 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 unit. The alarm
shall be clearly audible in all bedrooms over background noise levels with all
intervening doors closed.

All smoke alarms shall be listed and installed in accordance with the provisions of
this code and the household fire warning equipment provisions of NFPA 72.

R313.2.1 Alterations, repairs, and additions. When alterations, repairs, or
additions requiring a permit occur with a valuation in excess of $1,000.00, or when
one or more sleeping rooms are added or created in existing dwellings, the individual
dwelling unit shall be provided with smoke alarms located as required for new
dwellings.

Exception: 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, are exempt from the requirements of this section.

R317.2.1 Continuity. The common wall for townhouses shall be continuous from
the foundation to the underside of the roof sheathing, deck, or slab and shall extend
the full length of the common wall including walls extending through and separating
attached accessory structures.

Exterior walls that extend beyond an adjacent structure that has a fire separation
distance less than 5 feet (1523 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 which have a fire separation distance of less
than 3 feet (914 mm) to a common property line shall have a one-hour fire rating with
exposure from both sides which extends at least 30 inches (762 mm) above the
projection with no openings allowed therein.



                                    130
R319.1 Location required. Protection from decay shall be provided in the following
locations by the use of naturally durable wood or wood that is preservative treated in
accordance with AWPA U1 for the species, product, preservative, and end use.
Preservatives shall be listed in Section 4 of AWPA U1.

     1.    Wood joists or the bottom of a wood structural floor when closer than 18
           inches (457 mm) or wood girders when closer than 12 inches (305 mm) to
           the exposed ground in crawl spaces or unexcavated area located within
           the periphery of the building foundation.

     2.    All wood framing members that rest on concrete or masonry exterior
           foundation walls and are less than 6 inches (152 mm) from the exposed
           ground.

     3.    Sills and sleepers supporting bearing walls on a concrete or masonry slab
           that is [has] direct contact with the ground unless separated from such
           slab by an impervious moisture barrier.

     4.    The ends of wood girders entering exterior masonry or concrete walls
           having clearances of less than 0.5 inch (12.7 mm) on tops, sides, and
           ends.

     5.    Wood siding, sheathing, and wall framing on the exterior of a building
           having a clearance of less than 6 inches (152 mm) from the ground.

     6.    Wood structural members supporting moisture-permeable floors or roofs
           that are exposed to the weather, such as concrete or masonry slabs,
           unless separated from such floors or roofs by an impervious moisture
           barrier.

     7.    Wood furring strips or other wood framing members attached directly to
           the interior of exterior masonry walls or concrete walls below grade
           except where an approved vapor retarder is applied between the wall and
           the furring strips or framing members.

R321.1 Premises identification. New and existing buildings shall have approved
address numbers, building numbers, or approved building identification placed in a
position that is plainly visible and legible 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 a minimum of 4 inches (102
mm) high with a minimum stroke width of 0.5 inch (12.7 mm). 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.

R401.3 Drainage. Surface drainage shall be diverted to a storm sewer conveyance
or other approved point of collection so as to not create a hazard. Lots shall be
graded to drain surface water away from foundation walls. The grade shall fall a
minimum of 6 inches (152 mm) within the first 10 feet (3048 mm).



                                     131
   Exception: Where lot lines, walls, slopes, or other physical barriers prohibit 6 inches
   (152 mm) of fall within 10 feet (3048 mm), the final grade shall slope away from the
   foundation at a minimum slope of 2 percent and the water shall be directed to drains
   or swales to ensure drainage away from the structure. Swales shall be sloped a
   minimum of 1 percent when located within 10 feet (3048 mm) of the building
   foundation. Impervious surfaces within 10 feet (3048 mm) of the building foundation
   shall be sloped a minimum of 2 percent away from the building.

   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.    Extending below the frost line specified in Table R301.2.(1);

         2.    Constructing in accordance with Section R403.3;

         3.    Constructing in accordance with ASCE 32-01; and

         4.    Erected on solid rock.

   Exceptions:

         1.    Protection of freestanding accessory structures with an area of 1500
               square feet (129 m2) or less, of light framed construction, with an eave
               height of 10 feet (3048 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-framed construction, with
               an eave height of 10 feet (3048 mm) or less shall not be required.

         3.    Decks not supported by a dwelling need not be provided with footings that
               extend below the frost line.

         Footings shall not bear on frozen soil unless the frozen condition is permanent.

R404.1 Concrete and masonry foundation walls. Concrete and masonry foundation
walls shall be selected and constructed in accordance with the provisions of Section
R404 or in accordance with ACI 318, ACI 332, NCMATR68-A or ACI 530/ASCE 5/TMS
402, or other approved structural standards. When ACI 318, ACI 332 or ACI 530/ASCE
5/TMS 402, or the provisions of Section R404 are used to design concrete or masonry
foundation walls, project drawings, typical details, and specifications are not required to
bear the seal of the architect or engineer responsible for design, unless otherwise
required by the state law of the jurisdiction having authority.




                                        132
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 pound per square foot = 0.0479 kPa;
1 pound per square foot per foot = 0.157 kPa/mm.

     a.   Soil classes are in accordance with the United Soil Classification System.
          Refer to Table R405.1

     b.   Unbalanced backfill height is the difference in height of the exterior and
          interior finish ground levels. Where there is an interior concrete slab, the
          unbalanced backfill height shall be measured from the exterior finish
          ground level to the top of the interior concrete slab.

     c.   The size and spacing of vertical reinforcement shown in the table is
          based on the use of reinforcement with a minimum yield strength of
          60,000 psi. Vertical reinforcement with a minimum yield strength of
          40,000 psi or 50,000 psi is permitted, provided the same size bar is used
          and the spacing shown in the table is reduced by multiplying the spacing
          by 0.67 or 0.83, respectively.

     d.   Vertical reinforcement, when required, shall be placed nearest the inside
          face of the wall a distance d from the outside face (soil side) of the wall.
          The distance d is equal to the wall thickness, t, minus 1.25 inches plus
          one-half the bar diameter, db (d = t - (1.25+ db/2). The reinforcement
                                   133
               shall be placed within a tolerance of ±3/8 inch where d is less than or
               equal to 8 inches, or ± ½ inch where d is greater than 8 inches.

         e.    In lieu of the reinforcement shown, smaller reinforcing bar sizes and
               closer spacing’s resulting in an equivalent cross-sectional area of
               reinforcement per linear foot of wall are permitted.

         f.    Concrete cover for reinforcement measured from the inside face of the
               wall shall not be less than 3/4 inch. Concrete cover for reinforcement
               measured from the outside face of the wall shall not be less than 1½
               inches for No. 5 bars and smaller, and not less than 2 inches for larger
               bars.

         g.    The minimum thickness is permitted to be reduced 2 inches, provided the
               minimum specified compressive strength of concrete f.c , is 4,000 psi.

         h.    A plain concrete wall with a minimum thickness of 11.5 inches is
               permitted, provided minimum specified compressive strength of concrete,
               f.c , is 3,500 psi.

         i.    Concrete shall have a specified compressive strength of not less than
               2,500 psi at 28 days, unless a higher strength is required by note g or h.

         j.    "DR" means design is required in accordance with ACI 318 or ACI 332.

         k.    "PC" means plain concrete.

         l.    Where vertical reinforcement is required, horizontal reinforcement shall
               be provided in accordance with the requirements of Section R404.4.6.2
               for ICF foundation walls.

R404.5 Retaining walls. Retaining walls that are not laterally supported at the top and
that retain in excess of 48 inches (1220 mm) of unbalanced fill shall be designed to
ensure stability against overturning, sliding, excessive foundation pressure, and water
uplift. Retaining walls shall be designed for a safety factor of 1.5 against lateral sliding
and overturning.

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 311.5
provided that the design live load does not exceed 40 psf (1.92 kN/m2) and the design
dead load does not exceed 20 psf (0.96 kN/m2). The allowable span of ceiling joists that
support attics utilized for limited storage or no storage shall be determined in accordance
with Section R802.4.




                                         134
TABLE R602.3(1) FASTENER SCHEDULE FOR STRUCTURAL MEMBERS; Row 5

Description of                     Number and Type                       Spacing of
Building Elements                  of Fastener a, b, c, d                Fasteners
Top or sole plate to               2-12d (3½" x 0.135)                   --
stud, end nail

  R602.10.1 Braced wall lines. Braced wall lines shall consist of braced wall panel
  construction in accordance with Section R602.10.3. The amount and location of
  bracing shall be in accordance with Table R602.10.1 and the amount of bracing shall
  be the greater of that required by the seismic design category or the design wind
  speed. Braced wall panels shall begin no more than 12.5 feet (3810 mm) from each
  end of a braced wall line. Braced wall panels that are counted as part of a braced
  wall line shall be in line, except that offsets out-of-plane of up to 4 feet (1219 mm)
  shall be permitted provided that the total out-to-out offset dimension in any braced
  wall line is not more than 8 feet (2438 mm).

  Exception: The offsets out-of-plane may exceed 4 feet (1219 mm) and the out-to-
  out offset dimension may exceed 8 feet (2438 mm) if the area of the offset is less
  than 200 square feet.

  R613.2 Window sills. In dwelling units, where the opening of an operable window is
  located more than 72 inches (1829 mm) above the finished grade or surface below,
  the lowest part of the clear opening of the window shall be a minimum of 18 inches
  (457 mm) above the finished floor of the room in which the window is located.
  Glazing between the floor and 18 inches (457 mm) shall be fixed or have openings
  through which a 5-inch diameter (127 mm) sphere cannot pass.

  Exceptions:

        1.   Windows whose openings will not allow a 5-inch diameter (127 mm)
             sphere to pass through the opening when the opening is in its largest
             opened position.

        2.   Openings that are provided with window guards that comply with ASTM F
             2006 or F 2090.

  R703.2.1 Weather resistive sheathing papers. House wraps or weather resistive
  sheathing papers consisting of spun bonded olefin sheets of high density
  polyethylene fibers are required to be installed on the exterior side of the sheathing
  material directly underneath the exterior veneer.

  R907.3 Recovering versus replacement. New roof coverings shall not be installed
  without first removing existing roof coverings where any of the following conditions
  occur:

        1.   Where the existing roof or roof covering is water-soaked or has
             deteriorated to the point that the existing roof or roof covering is not
             adequate as a base for additional roofing.


                                      135
                     2.     Where the existing roof covering is wood shake, slate, clay, cement, or
                            asbestos- cement tile.

                     3.     Where the existing roof has two or more applications of any type of roof
                            covering.

                Exceptions:

                     1.     Complete and separate roofing systems, such as standing-seam metal
                            roof systems, that are designed to transmit the roof loads directly to the
                            building's structural system and that do not rely on existing roofs and roof
                            coverings for support shall not require the removal of existing roof
                            coverings.

                     2.     Installation of metal panel, metal shingle, and concrete and clay tile roof
                            coverings over existing wood shake roofs shall be permitted when the
                            application is in accordance with Section R907.4.

                     3.     The application of new protective coating over existing spray
                            polyurethane foam roofing systems shall be permitted without tear-off of
                            existing roof coverings.

                TABLE N1102.1
                Insulation and Fenestration Requirements by Component
                Row 6

      Minimum Insulation R-Value [(hr•ft2•°
                                          F)/Btu]
Climate Fenestration Skylight Glazed     Ceiling Wood Mass Floor Basement Slabd Crawl
 Zone U-Factor       U-Factor Fenestrati R-      Frame Wall R- R- Wall R- R-    Space
        [Btu/hr-ft2-          on SHGC Value Wall R- Value Value Value     ValueWall R-
        degrees F]                               Value                    and Value
                                                                          Dept
                                                                          h
  6        0.35           0.60         NR         40a      19        15       19      11b        10,       19
                                                                                                 42
                                                                                                 inch
                                                                                                 es
                                                                                                 (106
                                                                                                 7
                                                                                                 mm)

                     a.     The minimum R-value for ceilings is further based on a minimum 6-inch
                            (151 mm) heel height to allow the ceiling insulation to extend over the top
                            plate.

                     b.     The minimum R-value for basement wall to be applied at the time of
                            finishing the basement.

                                                     136
     c.    R-values are minimums. U-factors and SHGC are maximums. R-19
           insulation shall be permitted to be compressed into a 2 × 6 cavity.

     d.    The fenestration U-factor column excludes skylights. The solar heat gain
           coefficient (SHGC) column applies to all glazed fenestration.

     e.    R-5 shall be added to the required slab edge R-values for heated slabs.

For SI: 1 Btu/hr (hr-feet2° = 5.68 W/meters 2 K; one (hr-foot2°
                          F)                                  F)/Btu = 0.176
       2
meters K/W

Exception: Qualifying buildings which have installed therein either a high-efficiency
gas furnace having a minimum 90 AFUE rating, or high-efficiency heat pumps having
a minimum 8.0 HSPF and 13 SEER, shall be permitted to apply the high efficient
trade-off listed below for exterior above grade walls, basement walls, slab perimeter
insulation, and crawl space walls. All other factors remain the same:

Walls—R-15

Basement Walls—R-8 (which is allowed to be applied upon the finishing of the
basement)

Crawl Space Walls—R-19

Slab Perimeter R-Value and Depth—R-5, 42 inches (1067 mm)

N1101.8 Certificate. Repeal.

M1308.3 Foundations and supports. Foundations and supports for outdoor
mechanical systems shall be raised at least 1 ½ inches (38 mm) above the finished
grade, and shall also conform to the manufacturer's installation instructions.

M1403.1 Heat pumps and/or air conditioners. The minimum unobstructed total
area of the outside and return air ducts or openings to a heat pump and/or air
conditioner 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. Electric heat pumps shall conform to UL 1995.

M1411.5 Insulation of refrigerant piping. Piping and fittings for refrigerant vapor
(suction) lines shall be insulated with insulation having a thermal resistivity of at least
R-2 and having external surface permeance not exceeding 0.05 perm [2.87 ng/(s -
m2 - Pa)] when tested in accordance with ASTM E 96.

SECTION M1508 SUBSLAB SOIL EXHAUST SYSTEMS

M1508.1 General. When a subslab soil exhaust system is provided, the duct shall
conform to the requirements of this section.

M1508.2 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 International Plumbing Code as

                                     137
building sanitary drainage and vent pipe: cast iron; galvanized steel; brass or copper
pipe; copper tube of a weight not less than that of copper drainage tube, Type DWV;
and plastic piping.

M1508.3 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).

M1508.4 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
(3048 mm) from any operable openings or air intake.

M1601.2 Factory-made ducts. Factory-made air ducts or duct material shall be
approved for the use intended, and shall be installed in accordance with the
manufacturer's installation instructions. Each portion of a factory-made air duct
system shall bear a listing and label indicating compliance with UL 181 and UL 181A
or UL 181B.

Flexible air ducts shall be limited in length to 14 feet. Flexible air connectors are not
allowed.

M1601.3.1 Joints and seams. Joints of duct systems outside of the building
envelope, all return ducts located within 10 feet (3.05 m) of any appliance or all
return ducts within a mechanical room and the plenum/coil cabinet connections shall
be made substantially airtight by means of tapes, mastics, gasketing, or other
approved closure systems. Closure systems used with rigid fibrous glass ducts shall
comply with UL181A and shall be marked "181A-P" for pressure-sensitive tape,
"181A-M" for mastic, or "181A-H" for heat-sensitive tape. Closure systems used with
flexible air ducts and flexible air connectors shall comply with UL 181B and shall be
marked "181B-FX" for pressure- sensitive tape or "181B-M" for mastic. Duct
connections to flanges of air distribution system equipment or sheet metal fittings
shall be mechanically fastened. Mechanical fasteners for use with flexible
nonmetallic air ducts shall comply with UL 181B and shall be marked 181B-C. Crimp
joints for round ducts shall have a contact lap of at least 1.5 inches (38 mm) and
shall be mechanically fastened by means of at least three sheet metal screws or
rivets equally spaced around the joint.

M1601.3.2 Support. Metal ducts shall be supported with 1/2-inch (13 mm) wide 18-
gage, 1-inch (26 mm) wide 24 gage or 1 1/2-inch (39 mm) wide 26 gage metal straps
or 12-gage galvanized wire at intervals not exceeding 10 feet (3048 mm) or other
approved means. Nonmetallic ducts shall be supported in accordance with the
manufacturer's installation instructions.

M1701.6 Opening location. In areas prone to flooding as established by Table
R301.2(1), openings shall be located at or above the design flood elevation
established in Section R323.1.5. Combustion air intake openings located on the
exterior of a building shall have the lowest side of such openings located not less
than 12 inches (305 mm) vertically from the adjoining grade level. Combustion air
intake openings shall be located a minimum of 3 feet from a gas meter.




                                     138
   M1703.1 Outdoor air. Where the space in which fuel-burning appliances are
   located does not meet the criterion for indoor air specified in Section M1702, outside
   combustion air shall be supplied as specified in Section M1703.2.

   Exception: When all air is taken from the outdoors for appliances and the total input
   of the appliances is less than 300,000 Btu/hr (1,704,000 W/ meters squared K), one
   outside air duct may be used and shall terminate below the draft hood. An exterior
   opening may be used in place of a duct provided that it is located at least 1 foot
   below the draft hood.

   M1703.2.1.1 Alternate combustion air sizing. As an alternate to the above-
   referenced combustion air openings, the net free area of openings, ducts, or
   plenums supplying air to an area containing fuel-burning appliances shall be as
   specified below.

Combustion Air Requirements for Appliances Requiring an Outside Air Opening in
Areas with 5,000 degrees Fahrenheit (2,777 degrees Celsius) or Greater Heating
Degree Days

 Total Input of                                        Required Free Area
 Appliances1                                           of Air Supply
 Thousand of Btu/h                                     Opening or Duct,
                                                       Square Inches2
 25 (26.4 KJ/h)                                        7 (4,516 mm2)
 50 (52.8 KJ/h)                                        7 (4,516 mm2)
 75 (79.1 KJ/h)                                        11 (7,097 mm2)
 100 (106 KJ/h)                                        14 (9,032 mm2)
 125 (132 KJ/h)                                        18 (11,610 mm2)
 150 (158 KJ/h)                                        22 (14,190 mm2)
 175 (185 KJ/h)                                        25 (16,130 mm2)
 200 (211 KJ/h)                                        29 (18,710 mm2)
 225 (237 KJ/h)                                        32 (20,650 mm2)
 250 (264 KJ/h)                                        36 (23,230 mm2)
 275 (290 KJ/h)                                        40 (25,810 mm2)
 300 (317 KJ/h)                                        43 (27,740 mm2)

        1.    For total inputs that fall between the listing figures, use the next largest
              listed input.

        2.    These figures are based on the maximum equivalent duct length of 20
              feet (6.1 m). For equivalent duct lengths in excess of 20 feet (6.1 m) to
              and including a maximum of 150 feet (45.7 m), increase round duct
              diameter by one size. A square or rectangular duct may be used only
              where the required duct size is 9 square inches (5,800 mm2) or larger and
              the smaller dimension must be not less than 3 inches (76.2 mm).
                                       139
M1804.2.6 Mechanical draft systems. Mechanical draft systems shall be installed
in accordance with their listing, the manufacturer's installation instructions and,
except for direct vent appliances, the following requirements:

     1.    The vent terminal shall be located not less than 3 feet (914 mm) above a
           forced air inlet located within 10 feet (3,048 mm).

     2.    The vent terminal shall be located not less than 4 feet (1,219 mm) below,
           4 feet (1,219 mm) horizontally from, or 1 foot (305 mm) above any door,
           window, or gravity air inlet into a dwelling.

     3.    The vent termination point shall not be located closer than 3 feet (914
           mm) to an interior corner formed by two walls perpendicular to each
           other.

     4.    The bottom of the vent terminal shall be located at least 12 inches (305
           mm) above finished ground level.

     5.    The vent termination shall not be mounted directly above or within 3 feet
           (914 mm) horizontally of an oil tank vent or gas meter.

     6.    Power exhauster terminations shall be located not less than 10 feet
           (3,048 mm) from lot lines and adjacent buildings.

     7.    The discharge shall be directed away from the building.

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
or G2407.6.2. The minimum dimension of air openings shall be not less than 3
inches (76 mm).

Combustion air intake openings located on the exterior of a building shall have the
lowest side of such openings located not less than 12 inches (305 mm) vertically
from the adjoining grade level.

Combustion air intake opening shall be located a minimum of 3 feet from a gas
meter.

G2407.6.1 (304.6.1) Two-permanent-openings method. Two permanent
openings, one commencing within 12 inches (305 mm) of the top and one
commencing within 12 inches (305 mm) of the bottom of the enclosure, shall be
provided. The openings shall communicate directly, or by ducts, with the outdoors or
spaces that freely communicate with the outdoors.

Where directly communicating with the outdoors, or where communicating with the
outdoors through vertical ducts, each opening shall have a minimum free area of 1
square inch per 4,000 Btu/h (550 mm2/kW) of total input rating of all appliances in the
enclosure [see Figures G2407.6.1(1) and G2407.6.1(2)].

Where communicating with the outdoors through horizontal ducts, each opening
shall have a minimum free area of not less than 1 square inch per 2,000 Btu/h (1,100

                                   140
   mm2/kW) of total input rating of all appliances in the enclosure [see Figure
   G2407.6.1(3)].

   G2407.6.3 (304.6.3) Alternate combustion air sizing. As an alternate to the
   above- referenced combustion air openings, the net free area of openings, ducts, or
   plenums supplying air to an area containing fuel-burning appliances shall be as
   specified below.

Combustion Air Requirements for Appliances Requiring an Outside Air Opening in
Areas with 5,000 degrees Fahrenheit (2,777 degrees Celsius) or Greater Heating
Degree Days

Total Input of Appliances                               Required Free Area of Air Supply
Thousands of Btu/hr                                     Opening
                                                        or Duct, Square Inches
25 (26.4 KJ/h)                                          7 (4,516 mm2)
50 (52.8 KJ/h)                                          7 (4,516 mm2)
75 (79.1 KJ/h)                                          11 (7,097 mm2)
100 (106 KJ/h)                                          14 (9,032 mm2)
125 (132 KJ/h)                                          18 (11,610 mm2)
150 (158 KJ/h)                                          22 (14,190 mm2)
175 (185 KJ/h)                                          25 (16,130 mm2)
200 (211 KJ/h)                                          29 (18,710 mm2)
225 (237 KJ/h)                                          32 (20,650 mm2)
250 (264 KJ/h)                                          36 (23,230 mm2)
275 (290 KJ/h)                                          40 (25,810 mm2)
300 (317 KJ/h)                                          43 (27,740 mm2)

         1.      For total inputs that fall between the listing figures, use the next largest
                 listed input.

         2.      These figures are based on the maximum equivalent duct length of 20
                 feet (6.1 m). For equivalent duct lengths in excess of 20 feet (6.1 m) to
                 and including a maximum of 150 feet (45.7 m), increase round duct
                 diameter by one size. A square or rectangular duct may be used only
                 where the required duct size is 9 square inches (5,800 mm squared) or
                 larger and the smaller dimension must be not less than 3 inches (76.2
                 mm).

   G2427.4.1 (503.4.1) Plastic piping. Plastic piping used for venting appliances listed
   for use with such venting materials shall be approved.



                                          141
Plastic pipe and fittings used to vent appliances shall be installed in accordance with
the pipe manufacturer's installation instructions and the appliance manufacturer's
instructions. Solvent cement joints between ABS pipe and fittings shall be cleaned.
Solvent cement joints between CPVC and PVC pipe and fittings shall be primed. The
primer shall be a contrasting color.

Exception. Where compliance with this section would conflict with the appliance
manufacturer's installation instructions.

P2501.3 Overriding guidelines. All guidelines in the residential code referring to
plumbing may be installed, inspected, and maintained by standards determined by
the South Dakota Plumbing Commission if inspected by state officials.

E3301.5 Overriding guidelines. All guidelines in the residential code referring to
electrical standards may be installed, inspected, and maintained by standards
determined by the South Dakota Electrical Commission if inspected by state officials.

SECTION AG102 DEFINITIONS

AG102.1General. For the purposes of these requirements, the terms used shall be
defined as follows and as set forth in Chapter 2.

ABOVE-GROUND/ON-GROUND POOL. See "Swimming pool".

BARRIER. A fence, wall, building wall or combination thereof which 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 townhouse 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 over 18 inches (457.5 mm) deep. This includes in-ground,
aboveground and on- ground swimming pools, hot tubs and spas.

SWIMMING POOL, INDOOR. A swimming pool which is totally contained within a
structure and surrounded on all four sides by walls of said structure.

SWIMMING POOL, OUTDOOR. Any swimming pool, which is not an indoor pool.

SECTION AG105 BARRIER REQUIREMENTS


                                    142
AG105.1 Application. The provisions of this chapter 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 (610 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 (610 mm) or more shall fail
to provide and maintain such barrier as herein provided.

AG105.2 Outdoor swimming pool. An outdoor swimming pool, including an in-
ground, aboveground or on-ground pool, hot tub or spa shall be provided with 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 (1067 mm) above grade
           measured on the side of the barrier, which faces away from the swimming
           pool. The maximum vertical clearance between grade and the bottom of
           the barrier shall be two inches (51 mm) measured on the side of the
           barrier, which 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 four inches (102 mm).

     2.    Openings in the barrier shall not allow passage of a four-inch-diameter
           (102 mm) sphere.

     3.    Where an aboveground 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 removed, any opening created shall not allow the passage of a
          four-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 form part of the enclosure need not be so equipped.

AG105.3 Indoor swimming pool. Delete.


                                     143
          AG105.4 Prohibited locations. Delete.

          Section AG105.6 Modifications. 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.

          The code shall be filed with the city planning and zoning administrator.

          (Amended: Ordinance No. 2009-03)

9.0403 - 9.0416. Reserved.

          (Amended: Ordinance No. 2009-03)


CHAPTER 9.05 - BUILDING CODE

9.0501    Adopted. The International Building Code, 2006 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 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 providing for the
          issuance of permits and collection of fees therefore. The minimum building
          standards in the 2006 edition of the International Building Code and amendments
          thereto shall be applied to any building permit issued after June 2, 2009.

          A printed copy as amended is on file with the city planning and zoning administrator.

          (Amended: Ordinance No. 2009-03)

9.0502    Conflicts. In the event of any conflict between the provisions of the code adopted by
          this article and applicable provisions of this Code of Ordinances, state law or city
          ordinance, rule or regulation, the provisions of this Code of Ordinances, state law or
          city ordinance, rule or regulation shall prevail and be controlling.

          (Amended: Ordinance No. 2009-03)

9.0503    Reserved.

          (Amended: Ordinance No. 2009-03)




                                              144
9.0504   Amendment and additions. The following sections and subsections of the
         International Building Code adopted in this article shall be amended added, or
         repealed by the city as follows. All other sections or subsections of the International
         Building Code as published shall remain the same.

         101.1 Title. These regulations shall be known as the Building Code of the City of
         Harrisburg, South Dakota, hereinafter referred to as "this code."

         101.2 Scope. The provisions of this code shall apply to the construction, alteration,
         movement, enlargement, replacement, repair, equipment, use and occupancy,
         location, maintenance, removal, and demolition of every building or structure or any
         appurtenances connected or attached to such buildings or structures.

         Exceptions:

              1.    Detached one- and two-family dwellings and multiple single-family
                    dwellings (townhouses) not more than three stories above grade plane in
                    height with a separate means of egress and their accessory structures
                    shall comply with the International Residential Code.

              2.    Existing buildings undergoing repair, alterations or additions, and change
                    of occupancy shall be permitted to comply with the International Existing
                    Building Code as an alternate to Chapter 34, Existing Structures.

         103.1 Enforcement agency. Planning and zoning department is hereby created
         and the official in charge thereof shall be known as the building official.

         103.2 Appointment. Repealed.

         104.8 Liability. The building official, 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 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. Any suit instituted
         against an officer or employee because of an act or omission 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 laws.

         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, its officers and employees
         be held as assuming any such liability by reason of the inspections authorized by this
         code or any permits or certificates issued under this code.

         105.1 Required. Any owner or 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 done, shall first make application to the building official

                                              145
and obtain the required permit. The building official may exempt permits for minor
work.

105.2 Work exempt from permit. Exemptions from permit requirements of this
code shall not be deemed to grant authorization provisions of this code or any other
laws or ordinances of the city. 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 does not exceed 50
            square feet (4.65 square meters). A placement permit in accordance with
            the zoning ordinance is required.

     2.     Fences not over 6 feet (1829 mm) high. A fence permit in accordance
            with the zoning ordinance is required.

     3.     Oil derricks.

     4.     Retaining walls which are not over 4 feet (1219 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 III-A liquids.

     5.     Water tanks supported directly on grade if the capacity does not exceed
            5,000 gallons (18,925 L) and the ratio of height to diameter or width does
            not exceed 2 to 1.

     6.     Sidewalks and driveways not more than 30 inches (762 mm) above
            adjacent grade and not over any basement or story below and which are
            not part of an accessible route.

     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, as applicable in Section 101.2,
            which are less than 18 inches (457 mm) deep.

     10.    Shade cloth structures constructed for nursery or agricultural purposes
            and not including service systems.

     11.    Swings and other playground equipment accessory to detached one- and
            two-family dwellings.

     12.    Window awnings supported by an exterior wall which do not project more
            than 54 inches (1372 mm) from the exterior wall and do not require
            additional support of Group R-3 and Group U occupancies.

     13.    Nonfixed and movable fixtures, cases, racks, counters, and partitions not
            over 5 feet 9 inches (1753 mm) in height.

                                     146
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 which does not alter its approval or make it
           unsafe.

     6.    Portable evaporative cooler.

     7.    Self-contained refrigeration system containing ten pounds (4.54 kg) or
           less of refrigerant and actuated by motors of one horsepower (746 W) or
           less.

107.1 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 permitted for more than 365 days. Extensions beyond 365 days are
not allowed unless approved by the City Council. Structures used as a temporary
business office shall be provided with an accessible route that meets accessibility
requirements of this code.

107.3 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 the applicable
Electrical Code.

108.2 Schedule of permit fees. On buildings, structures, mechanical, 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 building permit shall be set forth by resolution by the City Council
and can be obtained from the City of Harrisburg Offices.

108.7 Delinquent accounts. The city may refuse to issue permits or conduct
inspections for any person or business whose account is delinquent.

109.3.1 Footing inspection. Footing and foundation 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.


                                    147
110.2 Certificate issued. After the building official inspects the building or structure
and finds no violations of the provisions of this code or other laws that are enforced
by the building official, 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 the use for which the proposed occupancy
           is classified.

     4.    The name of the building official and building inspector.

     5.    The edition of the code under which the permit was issued.

     6.    The type of construction as defined in Chapter 6.

     7.    Any special stipulations and conditions of the building permit.

112.1 General. There shall be and is hereby created a process for appeals 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. Members shall consist of any member
on the City Council.

The Council 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.

112.2 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 Council shall have authority
relative to the interpretation of the administrative provisions of this code and shall be
empowered to waive requirements of this code.

113.3 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 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.

202 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.



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305.2 Day care. The use of a building or structure, or portion thereof, for
educational, supervision or personal care services for more than 12 children older
than 2 1/2 years of age, shall be classified as a Group E occupancy.

308.3.1 Child care facility. A child care facility that provides care on a 24-hour
basis to more than 12 children two and one-half years of age or less shall be
classified as Group I-2.

308.5.2 Child care facility. A facility that provides supervision and personal care on
less than a 24-hour basis for more than 12 children two and one-half years of age or
less shall be classified as Group I-4.

Exception: A child day care facility that provides care for more than five but no
more than 100 children two and one-half years or less of age, when the rooms where
such children are cared for are located on the level of exit discharge and each of
these child care rooms has an exit door directly to the exterior, shall be classified as
Group E.

402.10 Kiosks. Kiosks and similar structures (temporary or permanent) shall meet
the following requirements:

     1.    Combustible kiosks or other structures shall not be located within the mall
           unless constructed of any of the following materials:

     1.1. Fire-retardant-treated wood complying with Section 2303.2.

     1.2. Foam plastics having a maximum heat release rate not greater than
          100kW (105 Btu/h) when tested in accordance with the exhibit booth
          protocol in UL 1975.

     1.3. Aluminum composite material (ACM) having a flame spread index of not
          more than 25 and a smoke-developed index of not more than 450 when
          tested as an assembly in the maximum thickness intended for use in
          accordance with ASTM E 84.

     2.    The top of kiosks or similar structures located within the mall shall be
           open and accessible to the automatic fire-extinguishing system, or the
           kiosk shall be provided with approved fire suppression and detection
           devices.

     3.    There shall be maintained an unobstructed access space of not less than
           10 feet (3,048mm) between temporary or permanent kiosks and all other
           amenities, and there shall be maintained an unobstructed access width of
           not less than 10 feet (3,048 mm) parallel and adjacent to the mall
           storefronts. The mallway shall be of sufficient width to
           accommodate the occupant load immediately tributary thereto.

     4.    The total number of kiosks shall not exceed more than one for each
           10,000 square feet (929 m2) of mallway area.



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     5.    Each kiosk or similar structure or groupings thereof shall have a
           maximum area of 300 square feet (28 m2).

403.3 Reduction in fire-resistance rating. Repealed.

403.3.1 Type of construction. Repealed.

403.3.2 Shaft enclosures. Repealed.

406.1.4 Separation. Separations shall comply with the following:

     1.    The private garage shall be separated from the dwelling unit and its attic
           area by means of a minimum 1/2-inch (12.7 mm) gypsum board applied
           to the garage side. Garages beneath habitable rooms shall be separated
           from all habitable rooms above by not less than a 5/8-inch Type X
           gypsum board or equivalent. Door openings between a private garage
           and the dwelling unit shall be equipped with either solid wood doors or
           solid or honeycomb core steel doors not less than 1 3/8 inches (34.9 mm)
           thick, or doors in compliance with Section 715.4.3. Openings from a
           private garage directly into a room used for sleeping purposes shall not
           be permitted.

     2.    Ducts in a private garage and ducts penetrating the walls or ceilings
           separating the dwelling unit from the garage shall be constructed of a
           minimum 0.019-inch (0.48 mm) sheet steel and shall have no openings
           into the garage.

     3.    A separation is not required between a Group R-3 and U carport,
           provided the carport is entirely open on two or more sides and there are
           not enclosed areas above.

[F] 501.2 Address numbers. Buildings shall have approved address numbers,
building numbers, or approved building identification placed in a position that is
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 alphabetical letters. Numbers shall be a minimum of 4 inches (102 mm)
high with a minimum stroke width of 0.5 inch (12.7 mm).

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.

507.5.1 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 507.2, 507.3,
           507.4, or 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

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           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 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 code.

509.6 Group R-2 buildings of Type IIA construction. Repealed.

717.4.2 Groups R-1 and R-2. Draftstopping shall be provided in attics, mansards,
overhangs, or other concealed roof spaces of Group R-2 buildings with three or more
dwelling units and in all Group R-1 buildings. Draftstopping shall be installed above,
and in line with, sleeping unit and dwelling unit separation walls that do not extend to
the underside of the roof sheathing above.

Exceptions:

     1.    Where corridor walls provide a sleeping unit or dwelling unit separation,
           draftstopping shall only be required above one of the corridor walls.

     2.    Draftstopping is not required in buildings equipped throughout with an
           automatic sprinkler system in accordance with Section 903.3.1.1.

     3.    In occupancies in Group R-2 that do not exceed four stories in height, the
           attic space shall be subdivided by draftstops into areas not exceeding
           3,000 square feet (279 m2) or above every two dwelling units, whichever
           is smaller. Draftstops shall be above and in line with the walls separating
           individual dwelling units.

     4.    Draftstopping is not required in buildings equipped throughout with an
           automatic sprinkler system in accordance with Section 903.3.1.2,
           provided that automatic sprinklers are also installed in the combustible
           concealed spaces.

[F] 903.2.5Group I. An automatic sprinkler system installed in accordance with
903.3.1.1 shall be provided throughout buildings with a Group I fire area.

[F] 903.2.7 Group R. An automatic sprinkler system installed in accordance with
Section 903.3 shall be provided throughout all buildings with a Group R-1 fire area
and a Group R-4 fire area with more than eight occupants. An automatic fire
extinguishing system shall be provided throughout all buildings with a Group R-2 fire
area where more than two stories in height, including basements, or having more
than 16 dwelling units.

[F] 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
any room merely because it is damp, of fire-resistance-rated construction, or
contains electrical equipment.

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     1.    Any room where the application of water, or flame and water, constitutes
           a serious life or fire hazard.

     2.    Any room or space where sprinklers are considered undesirable because
           of the nature of the contents, when approved by the fire code official.
           Such rooms shall be 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.

     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.    In rooms or areas that are of noncombustible construction with wholly
           noncombustible contents.

[F] 904.11 Commercial cooking systems. The automatic fire-extinguishing system
for commercial cooking systems shall be of a type recognized for protection of
commercial cooking equipment and exhaust systems of the type and arrangement
protected. Systems shall be installed to include cooking surfaces, deep fat fryers,
griddles, upright broilers, char broilers, range tops, roasters, and grills. Protection
shall also be provided for the enclosed plenum space within the hood above the
filters and exhaust ducts serving the hood.

Exception: The requirement for protection does not include steam kettles and
steam tables or equipment, which as used does not create grease-laden vapors.

Pre-engineered automatic dry and wet chemical extinguishing systems shall be
tested in accordance with UL 300 and listed and labeled for the intended application.
Other types of automatic fire-extinguishing systems shall be listed and labeled for
specific use as protection for commercial cooking operations. The system shall be
installed in accordance with this code, its listing, and the manufacturer's installation
instructions. Automatic fire-extinguishing systems of the following types shall be
installed in accordance with the referenced standard indicated, as follows:

     1.    Carbon dioxide extinguishing systems, NFPA 12.

     2.    Automatic sprinkler systems, NFPA 13.

     3.    Foam water sprinkler system or foam water spray systems, NFPA 16.

     4.    Dry chemical extinguishing systems, NFPA 17.

     5.    Wet chemical extinguishing systems, NFPA 17A.

Exception: Factory-built commercial cooking recirculation systems that are tested in
accordance with UL 710B, and listed, labeled, and installed in accordance with
Section 304.1 of the International Mechanical Code.

[F] 904.11.2 System interconnection. The actuation of the fire suppression system
shall automatically shut down the fuel and/or electrical power supply to the cooking

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equipment and all electrical receptacles located beneath the hood. The fuel and
electrical supply reset shall be manual.

[F] 907.2.2 Group B. A manual fire alarm system shall be installed in Group B
occupancies having an occupant load of 500 or more persons, more than 100
persons above or below the lowest level of exit discharge, or having more than two
occupied levels.

Exception: Manual fire alarm boxes are not required where the building is equipped
throughout with an automatic sprinkler system and the alarm notification appliances
will activate upon sprinkler water flow.

907.2.3 Group E. A manual fire alarm system shall be installed in Group E
occupancies. When automatic sprinkler systems or smoke detectors are installed,
such systems or detectors shall be connected to the building fire alarm system.

Exceptions:

     1.    Manual fire alarm boxes are not required in Group E occupancies where
           all the following apply:

     1.1. Interior corridors are protected by smoke detectors with alarm verification.

     1.2. Auditoriums, cafeterias, gymnasiums, and the like are protected by heat
          detectors or other approved detection devices.

     1.3. Shops and laboratories involving dusts or vapors are protected by heat
          detectors of other approved detection devices.

     1.4. Off-premises monitoring is provided.

     1.5. The capability to activate the activation signal from a central point is
          provided.

     1.6. In buildings where normally occupied spaces are provided with a two-way
          communication system between such spaces and a constantly attended
          receiving station from where a general evacuation alarm can be sounded,
          except in locations specifically designated by the building official.

     2.    Manual fire alarm boxes shall not be required in Group E occupancies
           where the building is equipped throughout with an approved automatic
           sprinkler system, the notification appliances will activate on sprinkler
           water flow, and manual activation is provided from a normally occupied
           location.

[F] 907.2.6.2 Group I-2. Corridors in hospitals, nursing homes (both intermediate
care and skilled nursing facilities), detoxification facilities, and spaces permitted to be
open to the corridors by Section 407.2 shall be equipped with an automatic fire
detection system.

Exceptions:

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     1.       Corridor smoke detection is not required in smoke compartments that
              contain patient sleeping rooms where patient sleeping units are provided
              with smoke detectors that comply with UL 268. Such detectors shall
              provide a visual display on the corridor side of each patient sleeping unit
              and an audible and visual alarm at the nursing 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.

[F] 907.2.8.2 Automatic fire alarm system. An automatic fire alarm system shall
be installed throughout all interior corridors serving sleeping units and at the top of
each enclosed stairwell.

Exception: An automatic fire 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 exterior exit access that leads directly
to an exit.

[F] 907.2.8.3 Smoke alarms. Smoke alarms shall be installed as required by
Section 907.2.10. In buildings that are not equipped throughout with an automatic
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the
smoke alarms in sleeping units shall be connected to an emergency electrical
system and shall be annunciated by sleeping unit at a constantly attended location
from which the fire alarm system is capable of being manually activated. Smoke
detection installed as part of an intelligent or addressable fire alarm system capable
of annunciation of room origin at a constantly attended location from which manual
activation can occur shall be acceptable.

[F] 907.2.8.4 Heat detectors. Heat detectors shall be installed in each attic
subdivision and in all common areas such as recreation rooms, laundry rooms,
furnace room, and similar areas.

Exception: Heat detection is not required in areas protected by an automatic fire
extinguishing system installed in accordance with 903.3.1.1 or 903.3.1.2.

[F] 907.2.9 Group R-2. A manual and automatic fire alarm system shall be installed
in Group R-2 occupancies where:

     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; or

     3.       The building contains more than 16 dwelling units or sleeping units or four
              or more dwelling units or sleeping units above the level of exit discharge.

Exceptions:



                                      154
     1.    A fire alarm system is not required in buildings not over 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 at least one-hour fire partitions and each dwelling unit or sleeping unit
           has an exit directly to a public way, exit court, or yard.

     2.    Manual fire alarm boxes are not required throughout the building when
           the following conditions are met:

     2.1. The building is equipped throughout with an automatic sprinkler system in
          accordance with Section 903.3.1.1 or 903.3.1.2.

     2.2. The notification appliances will activate upon sprinkler 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 open-ended corridors designed in accordance with
           Section 1022.6, Exception 4.

907.2.9.1 Heat detectors. Heat detectors shall be installed in each living unit, attic
subdivision, any attached garages, and in all common areas such as recreation
rooms, laundry rooms, furnace rooms and similar areas. Living unit heat detectors
shall consist of, at minimum, one 135-degree, fixed-rate-of-rise type detector,
centrally located within each living unit.

Exception: Heat detection is not required in areas protected by an automatic fire
extinguishing system installed in accordance with 903.3.1.1 or 903.3.1.2.

907.2.9.2 Smoke detectors. System smoke detection shall be provided in each
stairway and all exit corridors.

[F] 907.11 Duct smoke detectors. Duct smoke detectors shall be connected to the
building's fire alarm control panel when a fire alarm system is provided. Activation of
a duct smoke detector shall initiate a visible and audible supervisory signal at a
constantly attended location. Duct smoke detectors shall not be used as a substitute
for required open area detection. 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.

Exception: The supervisory signal at a constantly attended location is not required
where duct smoke detectors activate the building's alarm notification appliances.

[F] 912.2.1 Visible location. Fire department connections shall be located on the
street side of buildings, fully visible and recognizable from the street or nearest point
of fire department vehicle access, or as otherwise approved by the fire code official.
A weather-rated horn/strobe or horn connected to the fire sprinkler system shall be
located not lower than 8 feet above the fire department connection and within 10 feet


                                    155
   horizontally of the connection. The weather-rated horn/strobe must be visible from
   the fire lane or street.

   TABLE 1005.1 EGRESS WIDTH PER OCCUPANT SERVED

                       Without Sprinkler System                  With Sprinkler System
                       Stairways          Other                  Stairways          Other
                       (inches            egress                 (inches            egress
                       per                components             per                components
                       occupant)          (inches per            occupant)          (inches per
                                          occupant)                                 occupant)
Occupancy              0.3                0.2                    0.2                0.15
other than
those listed
below
Assembly:              0.3                0.2                    0.3                0.2
Group A
Hazardous:             0.7                0.4                    0.3                0.2
H-1, H-2,
H-3 and H-
4
Institutional:         NA                 NA                     0.3                0.2
I-2
For SI: 1 inch = 25.4 mm. NA = Not applicable.

          (a)    Buildings equipped throughout with an automatic sprinkler system in
                 accordance with Section 903.3.1.1 or 903.3.1.2.

   1007.3 Exit stairways. In order to be considered part of an accessible means of
   egress, an exit stairway shall have a clear width of 48 inches (1,219 mm) minimum
   between handrails and shall either incorporate an area of refuge within an enlarged
   floor-level landing or shall be accessed from either an area of refuge complying with
   Section 1007.6 or a horizontal exit.

   Exceptions:

          1.     Unenclosed exit stairways as permitted by Section 1020.1 are permitted
                 to be considered part of an accessible means of egress.

          2.     The area of refuge is not required at unenclosed exit stairways as
                 permitted by Section 1020.1 in buildings or facilities that are equipped
                 throughout with an automatic sprinkler system installed in accordance
                 with Section 903.3.1.1.

          3.     The clear width of 48 inches (1,219 mm) between handrails is not
                 required at exit stairways in buildings or facilities equipped throughout
                 with an automatic sprinkler system installed in accordance with Section
                 903.3.1.1 or 903.3.1.2.

                                         156
     4.    Areas of refuge are not required at exit stairways in buildings or facilities
           equipped throughout by an automatic sprinkler system installed in
           accordance with Section 903.3.1.1 or 903.3.1.2.

     5.    The clear width of 48 inches (1,219 mm) between handrails is not
           required for exit stairways accessed from a horizontal exit.

     6.    Areas of refuge are not required at exit stairways serving open parking
           garages.

1007.4 Elevators. In order to be considered part of an accessible means of egress,
an elevator shall comply with the emergency operation and signaling device
requirements of Section 2.27 of ASME A17.1. Standby power shall be provided in
accordance with Sections 2702 and 3003. The elevator shall be accessed from
either an area of refuge complying with Section 1007.6 or a horizontal exit.

Exceptions:

     1.    Elevators are not required to be accessed from an area of refuge or
           horizontal exit in open parking garages.

     2.    Elevators are not required to be accessed from an area of refuge or
           horizontal exit in buildings and facilities equipped throughout by an
           automatic sprinkler system installed in accordance with Section 903.3.1.1
           or 903.3.1.2.

1008.1.6 Thresholds. Thresholds at doorways shall not exceed 0.75 inch (19.1
mm) in height for sliding doors serving dwelling units or 0.5 inch (12.7 mm) for other
doors. Raised thresholds and floor level changes greater than 0.25 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).

Exception: The threshold height shall be limited to 8 inches (203 mm) where the
occupancy is Group R-2 or R-3; the door is an exterior door that is not a component
of the required means of egress; the door, other than an exterior storm or screen
door, does not swing over the landing or step; and the doorway is not on an
accessible route as required by Chapter 11 and is not part of an Accessible unit,
Type A unit, or Type B unit.

1009.3 Stair treads and risers. Stair riser heights shall be 7 inches (178 mm)
maximum and 4 inches (102 mm) minimum. Stair tread depths shall be 11 inches
(279 mm) minimum. The riser height shall be measured vertically between the
leading edges of adjacent treads. The tread depth shall be measured horizontally
between the vertical planes of the foremost projection of adjacent treads and at right
angle to the tread's leading edge. Winder treads shall have a minimum tread depth
of 11 inches (279 mm) measured at a right angle to the tread's leading edge at a
point 12 inches (305 mm) from the side where the treads are narrower and a
minimum tread depth of 10 inches (254 mm).

Exceptions:


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     1.    Alternating tread devices in accordance with Section 1009.9.

     2.    Spiral stairways in accordance with Section 1009.9.

     3.    Aisle stairs in assembly seating areas where the stair pitch or slope is set,
           for sightline reasons, by the slope of the adjacent seating area in
           accordance with Section 1025.11.2.

     4.    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 walk line shall be 10 inches (254 mm), and the
           minimum winder tread depth shall be 6 inches (152 mm). A nosing not
           less than 0.75 inch (19.1 mm), but not more than 1.25 inches (32 mm),
           shall be provided on stairways with solid risers where the tread depth is
           less than 11 inches (279 mm).

     5.    See Section 3403.4 or the International Existing Building Code for the
           replacement of existing stairways.

1009.10 Handrails. Stairways shall have handrails on each side and shall comply
with Section 1012. Where glass is used to provide the handrail, the handrail shall
also comply with Section 2407.

Exceptions:

     1.    Aisle stairs complying with Section 1025 provided with a center handrail
           need not have additional handrails.

     2.    Stairways within dwelling units, spiral stairways, and aisle stairs serving
           seating only on one side are permitted to have a handrail on one side
           only.

     3.    Decks, patios, and walkways that have a single change in elevation
           where the landing depth on each side of the change of elevation is
           greater than what is required for a landing, do not require handrails.

     4.    In Group R-3 occupancies, a change in elevation consisting of a single
           riser at an entrance or egress door does not require handrails.

     5.    Changes in room elevations of only one riser within dwelling units and
           sleeping units in Group R-2 and R-3 occupancies do not require
           handrails.

     6.    Risers or ramps accessing the front of a platform as defined in Section
           410.1 having a difference in elevation from the floor below of 30 inches or
           less.



                                    158
1013.3 Opening limitations. Open guards shall have balusters or ornamental
patterns such that a 5-inch diameter (127 mm) sphere cannot pass through any
opening up to a height of 34 inches (864 mm). From a height of 34 inches (864 mm)
to 42 inches (1067 mm) above the adjacent walking surfaces, a sphere 8 inches (203
mm) in diameter shall not pass.

Exceptions:

     1.    The triangular openings formed by the riser, tread, and bottom rail at the
           open side of a stairway shall be of a maximum size such that a sphere of
           6 inches (152 mm) in diameter cannot pass through the opening.

     2.    At elevated walking surfaces for access to and use of electrical,
           mechanical, or plumbing systems or equipment, guards shall have
           balusters or be of solid materials such that a sphere with a diameter of 21
           inches (533 mm) cannot pass through any opening.

     3.    In areas which are not open to the public within occupancies in Group B,
           I-3, F, H, M, or S, balusters, horizontal intermediate rails, or other
           construction shall not permit a sphere with a diameter of 21 inches (533
           mm) to pass through any opening.

     4.    In assembly seating areas, guards at the end of aisles where they
           terminate at a fascia of boxes, balconies, and galleries shall have
           balusters or ornamental patterns such that a 5-inch diameter (127 mm)
           sphere cannot pass through any opening up to a height of 26 inches (660
           mm). From a height of 26 inches (660 mm) to 42 inches (1067mm)
           above the adjacent walking surfaces, a sphere 8 inches (203 mm) in
           diameter shall not pass.

     5.    Within individual dwelling units and sleeping units in Group R-2 and R-3
           occupancies, openings for required guards on the sides of stair treads
           shall not allow a sphere of 5 inches (127 mm) to pass through.

1015.2.1 Two exits or exit access doorways. Where two exits or exit access
doorways are required from any portion of the exit access, the exit access including
the exit doors or exit access doorways 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 exit access doorways.
Interlocking or scissor stairs shall be counted as one exit stairway.

Exceptions:

     1.    Where exit enclosures are provided as a portion of the required exit and
           are interconnected by a one-hour fire- resistance-rated corridor
           conforming to the requirements of Section 1017, 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

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                distance of the exit access including the exit doors or exit access
                doorways shall not be less than one-third of the length of the maximum
                overall diagonal dimension of the area served.

     1015.2.2 Three or more exits or exit access doorways. Where access to three or
     more exits is required, at least two means of exit access including two exit doors or
     exit access doorways shall be arranged in accordance with the provisions of Section
     1015.2.1.

     Table 1019.2

     Buildings With One Exit

Occupancy               Maximum Height of              Maximum Occupancy
                        Building Above                 (or Dwelling Units)
                        Grade Plane                    Per Floor and
                                                       Travel Distance
A, Bc, Ed, F,           1 story                        49 occupants and 75 feet travel
M, U                                                   distance
H-2, H-3                1 story                        3 occupants and 25 feet travel
                                                       distance
H-4, H-5, Id,           1 story                        10 occupants and 75 feet travel
R                                                      distance
Sa                      1 story                        29 occupants and 75 feet travel
                                                       distance
Bb, F, M, Sa            2 stories                      30 occupants and 75 feet travel
                                                       distance
R-2                     2 storiesc                     4 dwelling units and 50 feet travel
                                                       distance

     For SI: 1 foot = 304.8 mm.

          a.    For the required number of exits for open parking structures, see Section
                1019.1.1.

          b.    For the required number of exits for air traffic control towers, see Section
                412.1.

          c.    Buildings equipped throughout with an automatic sprinkler system in
                accordance with Section 903.3.1.1 with an occupancy in Group B shall
                have a maximum travel distance of 100 feet.

          d.    Day care maximum occupant load is 10.

     1020.1.5 Discharge identification. A stairway in an exit enclosure shall not
     continue below the 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


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unintentionally continuing into levels below. Directional exit signs shall be provided
as specified in Section 1011.

1026.1 General. In addition to the means of egress required by this chapter,
provisions shall be made for emergency escape and rescue in Group R and Group I-
1 occupancies. Basements and sleeping rooms below the fourth story above grade
plane shall have at least one exterior emergency escape and rescue opening in
accordance with this section. Where basements contain one or more sleeping
rooms, emergency egress and rescue openings shall be required in each sleeping
room, but shall not be required in adjoining areas of the basement. Such opening
shall open directly into a public way or to a yard or court that opens to a public way.

Exceptions:

     1.    The emergency escape and rescue opening is permitted to open onto a
           balcony within an atrium in accordance with the requirements of Section
           404, provided the balcony provides access to an exit and the dwelling unit
           or sleeping unit has a means of egress that is not open to the atrium.

     2.    Basements with a ceiling height of less than 80 inches (2032 mm) shall
           not be required to have emergency escape and rescue windows.

     3.    High-rise buildings in accordance with Section 403.

     4.    Emergency escape and rescue openings are not required from
           basements or sleeping rooms that have an exit door or exit access door
           that opens directly into a public way or to a yard, court, or exterior exit
           balcony that opens to a public way.

     5.    Basements without habitable spaces or having no more than 200 square
           feet (18.6 square meters) in floor area shall not be required to have
           emergency escape windows.

1026.2 Minimum size. Emergency escape and rescue openings shall have a
minimum net clear opening of 5.0 square feet (0.46 m2).

1026.3 Maximum height from floor. Emergency escape and rescue openings shall
have the bottom of the clear opening not greater than 48 inches (1219 mm)
measured from the floor.

1026.5.2 Ladders or steps. Window wells with a vertical depth of more than 48
inches (1219 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 1009.



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1104.3.2 Press boxes. Press boxes in assembly areas shall be on an accessible
route.

Exceptions:

     1.    An accessible route shall not be required to press boxes in bleachers that
           have points of entry at only one level, provided that the aggregate area of
           all press boxes is 500 square feet (46 m2) maximum.

     2.    An accessible route shall not be required to free-standing press boxes
           that are elevated above grade 12 feet (3,660 mm) minimum provided that
           the aggregate area of all press boxes is 500 square feet (46 m2)
           maximum.

1104. 4 Multilevel buildings and facilities. At least one accessible route shall
connect each accessible level, including mezzanines, 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 (278.7 square meters) per story. This exception shall not apply to:

     1.1. Multiple tenant facilities of Group M occupancies containing five or more
          tenant spaces;

     1.2. Levels containing offices of health care providers (Group B or I); or

     1.3. Passenger transportation facilities and airports (Group A-3 or B).

     2.    In Group A, I, R and S occupancies, levels that do not contain accessible
           elements or other spaces required 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 with an occupant load
           of five or fewer persons that does not contain public use space, that story
           shall not be required to be connected by an accessible route to the story
           above or below.

1104.5 Location. Repealed.

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.



                                    162
163
As referenced above, standard and van accessible parking space signs shall state,
"RESERVED PARKING," and include the International Symbol of Accessibility, and
supplemental signage must additionally state, "STATE PERMIT OF 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 which 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 (1219 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.

1107.6.2 Group R-2. Type B units shall be provided in occupancies in Group R-2 in
accordance with Sections 1107.6.2.1 and 1107.6.2.2.

1107.6.2.1 Apartment houses, monasteries and convents. Type B units shall be
provided in apartment houses, monasteries and convents in accordance with
Sections 1107.6.2.1.1 and 1107.6.2.1.2.

1107.6.2.1.1 Type A units. Repealed.

1107.6.2.2 Group R-2 other than apartment houses, monasteries, and
convents. In Group R-2 occupancies other than apartment houses, monasteries,
and convents, Type B dwelling units shall be provided in accordance with Sections
1107.6.2.2.1 and 1107.6.2.2.2.

1107.6.2.2.1 Accessible units. Repealed.

1205.4.1 Controls. The control for activation of the required stairway lighting shall
be in accordance with the Electrical Code.

1206.3.3 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.

1404.2.1 Weather resistive sheathing papers. House wraps or weather resistive
sheathing papers consisting of spun bonded olefin sheets of high density
polyethylene fibers are required to be installed on the exterior side of the sheathing
material underneath the exterior covering.

1405.12.2 Window sills. In occupancy Groups R-2 and R-3, one- and two-family
and multiple-family dwellings, where the opening of the sill portion of an operable
window is located more than 72 inches (1829 mm) above the finished grade or other
surface below, the lowest part of the clear opening of the window shall be a minimum
of 18 inches (457 mm) above the finished floor surface of the room in which the
window is located. Glazing between the floor and a height of 18 inches (457 mm)
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shall be fixed or have openings such that a 5-inch (127 mm) diameter sphere cannot
pass through.

Exception: Openings that are provided with window guards that comply with ASTM
F 2006 or F 2090.

[P] 1503.4 Roof drainage. Design and installation of roof drainage systems shall
comply with the Plumbing Code.

[P] 1503.4.2 Secondary roof drainage. Roofs shall be sloped a minimum of 1 unit
vertical in 48 units horizontal (2% slope) for drainage unless designed for water
accumulation in accordance with Section 1611.2 Ponding Instability.

[P] 1503.4.2.1 Roof drains. Unless roofs are sloped to drain over roof edges, roof
drains shall be installed at each low point of the roof. Roof drains shall be sized and
discharged in accordance with the plumbing code.

[P] 1503.4.2.2 Overflow drains and scuppers. Where roof drains are required,
overflow drains having the same size as the roof drains shall be installed with the
inlet flow line located 2 inches (51 mm) above the low point of the roof, or overflow
scuppers having three times the size of the roof drains and having a minimum
opening height of 4 inches (102 mm) may be installed in the adjacent parapet walls
with the inlet flow line located 2 inches (51 mm) above the low point of the adjacent
roof.

Overflow drains shall discharge to an approved location and shall not be connected
to roof drain lines.

[P] 1503.4.2.3 Concealed piping. Roof drains shall discharge to an approved
location and shall not be connected to roof drain lines.

[P] 1503.4.2.4 Over public property. Roof drainage water from a building shall not
be permitted to flow over public property.

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
city has adopted 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 engineered report entitled "The
Flood Insurance Study for Lincoln County, South Dakota and Incorporated Areas"
dated April 2, 2008, as amended or revised with the accompanying Flood Insurance
Rate Map (FIRM) and Floodway Map (FBFM) and related supporting data along with
any revisions thereto. The adopted flood hazard map and supporting data are

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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 the floodplain management ordinance shall prevail.

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.

1704.1 General. Where application is made for construction as described in this
section, the owner or the registered design professional in responsible charge acting
as the owner's agent shall employ one or more special inspectors to provide
inspections during construction on the types of work listed under Section 1704. The
special inspector shall be a qualified person who shall demonstrate competence, to
the satisfaction of the building official, for inspection of the particular type of
construction or operation requiring special inspection. These inspections are in
addition to the inspections specified in Section 109.

Exceptions:

     1.    Special inspections are not required for work of a minor nature or as
           warranted by conditions in the jurisdiction as approved by the building
           official.

     2.    Special inspections are not required for building components unless the
           design involves the practice of professional engineering or architecture as
           defined by applicable state statutes and regulations governing the
           professional registration and certification of engineers or architects.

     3.    Unless otherwise required by the building official, special inspections are
           not required for occupancies in Group R-3 as applicable in Section 101.2
           and occupancies in Group U that are accessory to a residential
           occupancy including, but not limited to, those listed in Section 312.1.

     4.    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 1704.3, 1704.4, 1704.5.1, 1704.5.3,
           1704.7, 1704.8, and 1704.9 shall be considered as a guideline.

1704.4 Concrete construction. The special inspections and verifications for
concrete construction shall be as required by this section and Table 1704.4.
Exception: Special inspections shall not be required for:

     1.    Isolated spread concrete footings of buildings three stories or less in
           height that are fully supported on earth or rock and nonlaterally loaded
           foundation walls.

     2.    Continuous concrete footings and foundations supporting walls of
           buildings three stories or less in height that are fully supported on earth or
           rock where:

     2.1. The footings support walls of light frame construction;

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     2.2. The footings are designed in accordance with Table 1805.4.2; or

     2.3. The structural design is based on a f'c no greater than 3000 pounds per
          square inch (psi) (20.6 Mpa).

     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 (1.03 Mpa).

     4.    Concrete foundation walls constructed in accordance with Table
           1805.5(1), 1805.5(2), 1805.5(3) or 1805.5(4).

     5.    Concrete patios, driveways and sidewalks, on grade.

1704.12 Exterior insulation and finish systems (EIFS). Repealed.

Section 1716. Prefabricated construction.

1716.1. General.

1716.1.1 Purpose. The purpose of this section is to regulate materials and establish
methods of safe construction where any structure of portion thereof is wholly of
partially prefabricated.

1716.1.2 Scope. Unless otherwise specifically stated in this section, all
prefabricated construction and materials used therein shall conform to all the
requirements of this code.

1716.1.3 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.

1716.2 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 during prefabrication.

1716.3 Tests of assemblies. The building official may require special tests to be
made on assemblies to determine their durability and weather resistance.

1716.4 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.



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1716.5 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.

1716.6 Permits, materials, plans, fees, certificate, and inspections.

1716.6.1 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.

1716.6.2 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).

1716.6.3. Permits and fees. On buildings, structures, mechanical, plan review, 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 by resolution by the City
Council and can be obtained from the City of Harrisburg Offices.

1716.6.4 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.

1716.6.5 Certifying agency. To be acceptable under this code, every certificate of
approval shall be made by the approved agency.

1716.6.6 Field erection. The building official shall inspect placement of
prefabricated assemblies at the building site to determine compliance with this code.
Final inspections are to be made after the installation and finishing work has been
completed and the building is ready for occupancy.

1716.6.7 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.

1716.6.8 Moving permits. A moving permit shall be obtained for each prefabricated
structure being moved within the city in accordance with Section 3404 Moved
Buildings. Only companies or individuals allowed by the building official or City
Council may get granted a moving permit from the City of Harrisburg.


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1803.7 Grading permits required. No person shall excavate or grade without first
obtaining a permit from the city. If a building permit is not obtained, a separate
grading permit must be obtained from the city 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 one 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 three feet (914 mm) in depth not intended to support
           structures, which does not exceed 300 cubic yards (153 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.

     10.   An excavation that (1) is less than two feet (610 mm) in depth or (2) does
           not create a cut slope of less than five feet (1,524 mm) in height and
           steeper than one unit vertical in one and one-half units horizontal (66.7
           percent slope).




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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.

1803.7.1 Grading permit requirements. Grading shall be performed in accordance
with a grading plan approved by the city. Submitted plans shall indicate existing
elevations, proposed elevations, method of erosion control, and shall include the
legal description.

1804.2 Presumptive load-bearing values. The maximum allowable foundation
pressure, lateral pressure, or lateral sliding resistance values for supporting soils
near the surface shall not exceed the values specified in Table 1804.2 unless data to
substantiate the use of a higher value are submitted and approved except where an
assumed soil bearing capacity is in excess of 3000 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. Presumptive load-bearing values
shall apply to materials with similar physical characteristics and dispositions.

Mud, organic silt, organic clays, peat, or unprepared fill shall not be assumed to have
a presumptive loadbearing capacity unless data to substantiate the use of such a
value are submitted.

Exception: A presumptive load-bearing capacity is 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 and temporary structures.

1805.2.1 Frost protection. Except where otherwise protected from frost, foundation
walls, piers, and other permanent supports of buildings and structures shall be
protected by one or more of the following methods:

     1.    Extending below the frost line of the locality defined as a minimum of 42
           inches below finished grade;

     2.    Constructing in accordance with ASCE 32; or

     3.    Erecting on solid rock.

Exception: Freestanding buildings meeting all of the following conditions shall not
be required to be protected:

     1.    Classified in Occupancy Category I, in accordance with Section 1604.5;

     2.    Area of 1500 square feet (138 m2) or less for light frame construction or
           400 square feet (37 m2) or less for other than light frame construction;
           and

     3.    Eave height of 12 feet (3658 mm) or less.

     Footings shall not bear on frozen soil unless such frozen condition is of a
     permanent character.


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2308.9.3 Bracing. Braced wall lines shall consist of braced wall panels that meet
the requirements for location, type, and amount of bracing as shown in Figure
2308.9.3, specified in Table 2308.9.3(1) and are in line or offset from each other by
not more than 4 feet (1219 mm) except for offsets not more than 200 square feet.
Braced wall panels shall start not more than 12 ½ feet (3810 mm) from each end of a
braced wall line. Braced wall panels shall be clearly indicated on the plans.
Construction of braced wall panels shall be by one of the following methods:

     1.    Nominal 1-inch by 4-inch (25 mm by 102 mm) continuous diagonal braces
           let into top and bottom plates and intervening studs, placed at an angle
           not more than 60 degrees (1.0 rad) or less than 45 degrees (0.79 rad)
           from the horizontal and attached to the framing in conformance with Table
           2304.9.1.

     2.    Wood boards of 5/8 inch (15.9 mm) net minimum thickness applied
           diagonally on studs spaced not over 24 inches (610 mm) o.c.

     3.    Wood structural panel sheathing with a thickness not less than 5/16 inch
           (7.9 mm) for a 16-inch (406 mm) stud spacing and not less than 3/8 inch
           (9.5 mm) for a 24-inch (610 mm) stud spacing in accordance with Tables
           2308.9.3(2) and 2308.9.3(3).

     4.    Fiberboard sheathing panels not less than ½ inch (12.7 mm) thick applied
           vertically or horizontally on studs spaced not over 16 inches (406 mm)
           o.c. where installed with fasteners in accordance with Section 2306.4.4
           and Table 2306.4.4.

     5.    Gypsum board [sheathing 1/2-inch-thick (12.7 mm) by 4-feet-wide (1219
           mm) wallboard or veneer base] on studs spaced not over 24 inches (610
           mm) o.c. and nailed at 7 inches (178 mm) o.c. with nails as required by
           Table 2306.4.5.

     6.    Particleboard wall sheathing panels where installed in accordance with
           Table 2308.9.3(4).

     7.    Portland cement plaster on studs spaced 16 inches (406 mm) o.c.
           installed in accordance with Section 2510.

     8.    Hardboard panel siding where installed in accordance with Section
           2303.1.6 and Table 2308.9.3(5).

For cripple wall bracing, see Section 2308.9.4.1. For Methods 2, 3, 4, 6, 7, and 8,
each panel must be at least 48 inches (1219 mm) in length, covering three stud
spaces where studs are spaced 16 inches (406 mm) apart and covering two stud
spaces where studs are spaced 24 inches (610 mm) apart.

For Method 5, each panel must be at least 96 inches (2438 mm) in length where
applied to one face of a panel and 48 inches (1219 mm) where applied to both faces.
All vertical joints of panel sheathing shall occur over studs and adjacent panel joints
shall be nailed to common framing members. Horizontal joints shall occur over


                                    171
blocking or other framing equal in size to the studding except where waived by the
installation requirements for the specific sheathing materials.

Sole plates shall be nailed to the floor framing and top plates shall be connected to
the framing above in accordance with Section 2308.3.2. Where joists are
perpendicular to braced wall lines above, blocking shall be provided under and in line
with the braced wall panels.

2701.2 Overriding guidelines. All guidelines in the Building Code referring to
electrical may be installed, inspected, and maintained by standards determined by
the South Dakota Electrical Commission if inspected by state officials.

2901.2 Overriding guidelines. All guidelines in the Building Code referring to
plumbing may be installed, inspected, and maintained by standards determined by
the South Dakota Plumbing Commission if inspected by state officials.

3109.1 General. Swimming pools shall comply with the requirements of this section
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
which 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.

3109.2 Definition. The following word and term shall, for the purposes of this
section and as used elsewhere in this code, have the meaning shown herein.

SWIMMING POOLS. Any structure intended for swimming, recreational bathing or
wading that contains water over 18 inches (457 mm) deep. This includes in-ground,
above-ground and on-ground pools; hot tubs; spas and fixed-in-place wading pools.

3109.4.1 Barrier height and clearances. The top of the barrier shall be at least 42
inches (1066 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 two inches (51mm) 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, the maximum vertical clearance between the top of the pool structure
and the bottom of the barrier shall be four inches (102 mm).

3109.4.1.2 Solid barrier surfaces. Delete.

3109.4.1.3 Closely spaced horizontal members. Delete.

3109.4.1.4 Widely spaced horizontal members. Delete.

3109.4.1.5 Chain link dimensions. Delete.

3109.4.1.6 Diagonal members. Delete.



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3109.4.1.8 Dwelling wall as a barrier. A wall of a dwelling may serve as part of the
barrier.

3109.4.4 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, 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.

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 must be submitted when required by the building official. Where such
information is required, no work shall 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 authority
having jurisdiction.

Before a razing permit can be issued, the applicant must furnish approval from the
city engineering department that applicable permits have been secured to assure
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.

3401.3 Compliance with other codes. Alterations, repairs, additions and changes
of occupancy to existing structures shall comply with the provisions for alterations,
repairs, additions and changes of occupancy in the Fire Code, Fuel Gas Code,
Plumbing Code, Property Maintenance Code, Mechanical Code, Residential Code
and Electrical Code.

[EB] SECTION 3408 MOVED STRUCTURES

3408.1 Conformance. Structures moved into or within the city shall comply with the
provisions of this code for new structures.

Exceptions:

     1.    Structures used as a temporary office or shelter on a construction or
           development site when approved by the building official;

     2.    Structures used as a temporary business office for a period not exceed
           one year when approved by the building official and provided it meets the
           applicable accessibility requirements of this code;

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     3.    Mobile homes/manufactured homes used as a sales office at a location
           where such homes are offered for sale provided it meets the applicable
           accessibility requirements of this code.

3408.2 Definitions. For the purpose of this section, the following words and phrases
mean:

     1.    Building mover. Any person, firm, partnership, corporation, or association
           who engages in the business or work of moving a building across public
           property within the city.

     2.    Building moving. The moving of any house, building, structure, or any
           part or parts thereof, except structures or parts of structures less than 12
           feet wide and 13.5 feet high when loaded, from one location to another
           when moving requires traveling upon, across, along, or over any street,
           avenue, highway, thoroughfare, alley, sidewalk, or other public ground in
           the city. This term does not apply to manufactured or modular structures
           or assemblies which do not exceed 15 feet in height and 16.6 feet in
           width including all nonstructural appendages, or a length of 80.6 feet
           including all nonstructural appendages.

     3.    Agency. The planning and building services department, police
           department, city maintenance, and city engineering department.

3408.3 Permitted Movers. Any company or individual may be allowed to move a
building if approved by the building official or City Council.

3408.4 Bonding. Any company or individual allowed to move a building shall file a
bond running to the city in the penal sum of $10,000.00 with sufficient sureties and
conditioned that the license will comply with all city requirements to the satisfaction of
the city engineering department and shall encompass repairs due to any damage to
any sidewalk, crosswalk, hydrant, street, alley, or other property done or caused by
himself, his servants, or employees in connection with moving any building. The
bond will guarantee payment for damages to property and payment to the city for
services provided by the city. The license will indemnify and save harmless the city
against any and all liability for damages, costs, or expenses arising out of any
negligence on his part or on the part of his servants or employees in connection with
the moving of any building, or the use of any public street or ground for that purpose.

3408.5 Revocation. A company or individual’s allowance may be revoked at any
time if the mover violates the provisions of this chapter or rules established by the
agency or conducts his business in a careless or reckless manner, or refuses to
make prompt payment of any sums due the city from him under any of the provisions
of this chapter or whose bond or insurance as required herein has been cancelled or
otherwise terminated.

3408.6 Transferability. No license or permit issued pursuant to this chapter shall be
transferable.

3408.7 Permits required. No person shall engage in building moving, unless and
until he has obtained a building moving permit, which will not be issued to anyone

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except a person licensed as the building mover. Such permit shall be obtained not
less than 48 hours prior to the move.

3408.8 Prerequisites to a permit. No permit to move a building shall be issued as
hereunder provided until the following conditions have been satisfied.

     A.   Scheduled capping the sanitary sewer service and/or water service can
          be documented to the City.

     B.   A building permit is required to place a one- or-two-family dwelling in a
          residential zoning district on the property described on the application if
          located in the city. Before a city building permit can be issued for a one-
          or two-family dwelling to be moved in a residential zoning district, the
          applicant shall post the property. A hearing before the planning and
          zoning commission will be required prior to the issuance of the building
          permit upon request from the public. A hearing will be initiated and
          scheduled at the request of the public within the time period of posting the
          signs per Item 1 below. The request shall be in writing on forms provided
          by the planning and zoning department.

     Before any action can be taken by the commission, the applicant shall:

          1.    Post the property where the dwelling is to be moved for a
                continuous period of not less than five working days with signs
                furnished by the building official. At least two signs shall be posted.
                The applicant shall submit a written oath that the signs were
                properly posted.

          2.    Submit one certified copy of the restrictions and covenants of the
                property where the dwelling is proposed to be moved. Those
                portions applicable to the dwelling shall be highlighted. If the
                property contains no restriction or covenants, a statement to that
                fact shall be submitted.

          3.    Submit a proposed site plan containing the legal description where
                the dwelling is proposed to be moved.

          4.    Submit the inspection report from the building inspector.

          5.    Submit original clear photographs of the front, rear, and side
                elevations of the dwelling to be moved.

     C.   Any person filing an application for a moving permit shall file with the city
          finance officer a liability insurance policy issued by the insurance
          company authorized to do business in this state and approved as to form
          by the city attorney in the following amounts: $250,000.00 per person,
          $500,000.00 per accident, $500,000.00 property damage.

     D.   When required by the building official, satisfactory evidence from a
          licensed pest control company that all nuisance pests have been
          exterminated from the structure.

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     E.    Approval of the route and time of move by the city maintenance
           supervisor.

3408.9 Permit application. The application shall contain the date or dates of the
moving of the building, house, or structure, a detailed statement setting forth the
proposed route to be followed, the name of the person in charge of the move, the
location of the premises to which the structure or building is to be moved, and an
agreement that the applicant will immediately report any damage done by the moving
operation to any public property and will indemnify and hold the city harmless from
any claims or damages for injuries to persons or property resulting from the moving
of the building or structure.

3408.10 Fees. Fees will be determined by either the building official or City Council.

3408.11 Denial. If the applicant fails to agree or comply with the conditions as set
forth herein or, in the judgment of the building official, the building or structure is in
such a state of disrepair that it would not be safe to move the building or, if in the
judgment of the traffic engineer or the city forester, the proposed move would result
in an undue hazard to public traffic or undue damage to streets, sidewalks, trees, or
other public property, the permit will be denied and reasons therefor endorsed upon
the application.

3408.12 Restrictions on moving through streets. All moving of the building once
started shall continue until completed, and no building shall be parked along the
route unless deemed an emergency and approved by the engineering department.
The engineering or planning and zoning departments may require police escorts,
temporary removal of traffic devices, or may restrict or specify the day and hours
during which the moving operation must be accomplished.

3408.13 Posting. Two moving placards must be posted on a visible location of
opposite ends of the building being moved during the entire move, and the person
moving the building must carry a signed duplicate of the permit.

3408.14 Escorts. Movers shall provide a front and rear escort for all movements.

3408.15 Flags. Red and orange flags, 12 inches by 12 inches, must be fastened to
the rear corners of the moving structure.

3408.16 Notice to public service companies, cable TV operations, and the city
of Harrisburg. Before moving any building, the building mover shall notify the Metro
Communications (911) immediately prior to entering public property. The mover
shall make arrangements with the police department and traffic engineers 48 hours
prior to the move if a police escort is required. The mover shall also give 48 hours
notice to all city departments, public service operations, and cable TV operators
whose wires, traffic control devices, or other appliances which affect the moving of
such building of the time when the move is to take place and request and arrange for
the passage of such building. Such building mover shall pay to the city and said
corporation and operators the reasonable cost and expense of the work required to
be done.



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         3408.17 Tampering with private property. The mover during all moves shall obey
         all laws pertaining to tampering with private property and vehicles on the street.
         Tampering with any wires or facilities belonging to private or public service
         companies is prohibited.

         3408.18 Reporting damage. The building mover shall immediately report any
         damage done by the moving operation to any street, sidewalk, curb, utility
         equipment, tree sign, or other public or private property to the city engineer.

         3410.2 Applicability. Structures existing prior to March 11,1968 in which there is
         work involving additions, alterations or changes of occupancy shall be made to
         conform to the requirements of this section or the provisions of Sections 3403
         through 3407. The provisions in Sections 3410.2.1 through 3410.2.5 shall apply to
         existing occupancies that will continue to be, or are proposed to be, in Groups A, B,
         E, F, M, R, S and U. These provisions shall not apply to buildings with occupancies
         in Group H or I.

         (Amended: Ordinance No. 2009-03)

9.0505-9.0510 Reserved.

         (Amended: Ordinance No. 2009-03)


CHAPTER 9.06 - MECHANICAL AND FUEL GAS CODE

9.0601   Adopted. The International Mechanical Code including Appendix A, 2006 edition,
         and the International Fuel Gas Code including Appendix B and C, 2006 edition, as
         amended, are hereby adopted for regulating the design, construction, quality of
         materials, erection, installation, alteration, repair, location, relocation, replacement,
         addition to, use, or maintenance of heating, ventilation, cooling, refrigeration,
         incinerators, or other miscellaneous heat producing appliances in the city, and for
         providing for performance of inspections and collection of fees therefor. The
         minimum mechanical standards referenced in the International Mechanical Code and
         the International Fuel Gas Code shall be applied to any permit issued after June 2,
         2009.

         A printed copy as amended is on file with the city planning and zoning administrator.

         (Amended: Ordinance No. 2009-03)

9.0602   Amendments. The following sections and subsections of the International
         Mechanical Code adopted in this article shall be amended or added as follows. All
         other sections or subsections of the International Mechanical Code as published
         shall remain the same.

         101.1 Title. These regulations shall be known as the Mechanical Code of the City of
         Harrisburg, South Dakota, hereinafter referred to as "this code."




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101.2 Scope. This code shall regulate the design, installation, maintenance,
alteration, and inspection of mechanical systems that are permanently installed and
utilized to provide control of environmental conditions and related processes within
buildings. This code shall also regulate those mechanical systems, system
components, equipment, and appliances specifically addressed herein. The
installation of fuel gas distribution piping and equipment, fuel gas-fired appliances,
and fuel gas-fired appliance venting systems shall be regulated by the International
Fuel Gas Code.

Exceptions:

     1.    Detached one- and two-family dwellings and multiple single-family
           dwellings (townhouses) not more than three stories high with separate
           means of egress and their accessory structures shall comply with the
           International Residential Code.

     2.    Mechanical systems in existing buildings undergoing repair, alterations, or
           additions, and change in occupancy shall be permitted to comply with the
           International Existing Building Code.

103.2 Appointment. Repealed.

103.4 Liability. The code official, officer, or employee charged with the enforcement
of this code, while acting for the jurisdiction, 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 omission required or permitted 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 provided by the city's insurance pool,
and immunities and defenses provided by other applicable state and federal laws.
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; and any
officer of the department of mechanical inspection, acting in good faith and without
malice, shall be free from liability for acts performed under any of its provisions or by
reason of any act or omission in the performance of official duties in connection
therewith.

106.1 When required. An owner, authorized agent, or contractor who desires to
erect, install, enlarge, alter, repair, remove, convert, or replace a mechanical system,
the installation of which is regulated by this code, or to cause such work to be done,
shall first make application to the code official and obtain the required permit for the
work. A permit is not required by a licensed mechanical contractor if an inspection
as specified in Section 107 is requested and obtained for any mechanical work.

Exception: Where equipment and appliance replacements or repairs must be
performed in an emergency situation, the permit application shall be submitted within
the next working business day of the department of mechanical inspection.



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106.4.3 Expiration. Every permit issued by the code official under the provisions of
this code shall expire by limitation and become null and void if the work authorized
by such permit is not commenced within 90 days from the date of such permit, or if
the work authorized by such permit is suspended or abandoned at any time after the
work is commenced for a period of 90 days. Before such work recommences, a new
permit shall be first obtained and the fee, therefore, shall be the same amount
required for a new permit for such work, provided no changes have been made or
will be made in the original construction documents for such work, and provided
further that such suspension or abandonment has not exceeded one year.

All homeowner mechanical permits shall expire 365 days after issuance.

106.5.1 Work commencing before permit issuance. Any person who commences
work on a mechanical system before obtaining the necessary permits may be subject
to a $250.00 administrative fee in addition to the required permit fees. Legal and/or
civil action may also be commenced.

106.5.2 Fee schedule. The fee for each building permit shall be set forth by
resolution by the City Council and can be obtained from the City of Harrisburg
Offices.

106.5.3 Fee refunds. Fee refunds can only be issued if approved by the city
council.

107.1 Required inspections and testing. It shall be the duty of the licensed
mechanical contractor or his designated mechanic doing the work authorized by a
permit to notify the mechanical inspector that such work is ready for inspection. The
building official may require that every request for inspection be filed at least one
working day before such inspection is desired.

The code official, upon notification from the permit holder or the permit holder's
agent, shall make the following inspections and other such inspections as necessary,
and shall either release that portion of the construction or shall notify the permit
holder or the permit holder's agent of violations that must be corrected. The holder
of the permit shall be responsible for the scheduling of such inspections.

     1.    Underground inspection shall be made after trenches or ditches are
           excavated and bedded, piping installed, and before backfill is put in place.
           When excavated soil contains rocks, broken concrete, frozen chunks, and
           other rubble that would damage or break the piping or cause corrosive
           action, clean backfill shall be on the job site.

     2.    Rough-in inspection shall be made after the roof, framing, fireblocking,
           and bracing are in place and all ducting and other components to be
           concealed are complete, and prior to the installation of wall or ceiling
           membranes.

     3.    Final inspection shall be made upon completion of the mechanical
           system.



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Exception: Ground source heat pump loop systems tested in accordance with
Section 1208.1.1 shall be permitted to be backfilled prior to inspection.

The requirements of this section shall not be considered to prohibit the operation of
any heating equipment or appliances installed to replace existing heating equipment
or appliances serving an occupied portion of a structure provided that a request for
inspection of such heating equipment or appliances has been filed with the
department not more than 48 hours after such replacement work is completed, and
before any portion of such equipment or appliances is concealed by any permanent
portion of the structure.

108.3 Prosecution of violation. If the notice of violation is not complied with
promptly, the code official shall 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 structure in violation of the provisions of
this code or of the order or direction made pursuant thereto.

108.4 Violation penalties. Persons who shall violate a provision of this code or
shall fail to comply with any of the requirements thereof or who shall erect, install,
alter, or repair mechanical work in violation of the approved construction documents
or directive of the code official, or of a permit or certificate issued under the
provisions of this code, shall be guilty of an ordinance violation punishable by means
determined by the city council.

108.5 Stop work orders. Upon notice from the code official that mechanical work is
being done contrary to the provisions of this code or in a dangerous or unsafe
manner, such work shall immediately cease. Such notice shall be in writing and shall
be given to the owner of the property, or to the owner's agent, or to the person doing
the work. The notice shall state the conditions under which work is authorized to
resume. Where an emergency exists, the code official shall not be required to give a
written notice prior to stopping the work. Any person who shall continue any work on
the system 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
guilty of an ordinance violation and punishable under the general penalty provisions
of this code.

109.1 Repealed.

109.1.1 Repealed.

109.2 Repealed.

109.2.1 Repealed.

109.2.2 Repealed.

109.2.3 Repealed.

109.2.4 Repealed.


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109.2.5 Repealed.

109.2.6 Repealed.

109.3 Repealed.

109.4 Repealed.

109.4.1 Repealed.

109.5 Repealed.

109.6 Repealed.

109.6.1 Repealed.

109.6.2 Repealed.

109.7 Repealed.

201.3 Terms defined in other codes. Where terms are not defined in this code and
are defined in the International Building Code, International Residential Code,
International Existing Building Code, National Electrical Code, International Fire
Code, International Fuel Gas Code, or the Uniform Plumbing Code, such terms shall
have meanings ascribed to them as in those codes.

202 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.

301.7 Electrical. Electrical wiring, controls, and connections to equipment and
appliances regulated by this code shall be in accordance with the Electrical Code.

301.8 Plumbing connections. Potable water supply and building drainage system
connections to equipment and appliances regulated by this code shall be in
accordance with the Plumbing Code.

301.10 Vibration isolation. Where vibration isolation of equipment and appliances
is employed, an approved means of supplemental restraint shall be used to
accomplish the support and restraint.

Piping, electrical conduit, ductwork, vents, and the like shall not be used to provide
support or restraint of equipment.

Where other portions of this code or provisions of the building code require
noncombustible construction or supports, noncombustible materials shall also be
used to meet the requirements of this section.

303.3 Prohibited locations. Fuel-fired appliances shall not be located in, or obtain
combustion air from, any of the following rooms or spaces:

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     1.    Sleeping rooms.

     2.    Bathrooms.

     3.    Toilet rooms.

     4.    Storage closets.

     5.    Surgical rooms.

Exception: This section shall not apply to the following appliances:

     1.    Direct-vent appliances that obtain all combustion air directly from the
           outdoors.

     2.    Solid fuel-fired appliances, provided that the room is not a confined space
           and the building is not of unusually tight construction.

     3.    Appliances installed in a dedicated enclosure in which all combustion air
           is taken directly from the outdoors in accordance with Section 703.
           Access to such enclosure shall be through a solid door, weather-stripped
           in accordance with the exterior door air leakage requirements of the
           International Energy Conservation Code and equipped with an approved
           self-closing device.

304.9 Clearance from grade. Equipment and appliances installed at grade level
shall be supported on a level concrete slab or other approved material extending
above adjoining grade or shall be suspended a minimum of 6 inches (152 mm)
above adjoining grade.

Equipment and appliances including the service areas shall be provided with a
minimum 80-inch (2029 mm) headroom clearance.

305.4 Interval of support. Piping shall be supported at distances not exceeding the
spacing specified in Table 305.4, or in accordance with MSS SP-69.

306.3.1 Electrical requirements. A luminaire controlled by a switch located at the
required passageway opening and a receptacle outlet shall be provided at or near
the appliance location in accordance with the Electrical Code.

306.4.1 Electrical requirements. A luminaire controlled by a switch located at the
required passageway opening and a receptacle outlet shall be provided at or near
the appliance location in accordance with the Electrical Code.

306.5 Equipment and appliances on roofs or elevated structures. Where
equipment and appliances requiring access are installed on roofs or elevated
structures at a height exceeding 16 feet (4877 mm), such access shall be provided
by a permanent approved means of access, the extent of which shall be from floor
level to the equipment and appliances' level service space. Exterior access may be
by means of a ladder which need not extend closer than 7 feet (2134 mm) to finished
grade. Such access shall not require climbing over obstructions greater than 30

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inches (762 mm) high or walking on roofs having a slope greater than 4 units vertical
in 12 units horizontal (33 percent slope).

Permanent ladders installed to provide the required access shall comply with the
following minimum design criteria:

     1.    The side railing shall extend above the parapet or roof edge not less than
           30 inches (762 mm).

     2.    Ladders shall have rung spacing not to exceed 14 inches (356 mm) on
           center.

     3.    Ladders shall have a toe spacing not less than 6 inches (152 mm) deep.

     4.    There shall be a minimum of 18 inches (457 mm) between rails.

     5.    Rungs shall have a minimum 0.75-inch (19 mm) diameter and be capable
           of withstanding a 300-pound (136.1 kg) load.

     6.    Ladders over 30 feet (9144 mm) in height shall be provided with offset
           sections and landings capable of withstanding 100 pounds (488.2 kg/m2)
           per square foot.

     7.    Ladders shall be protected against corrosion by approved means.

     Catwalks installed to provide the required access shall be not less than 24
     inches (610 mm) wide and shall have railings as required for service platforms.

Exception: This section shall not apply to Group R-3 occupancies.

306.5.1 Sloped roofs. Where appliances, equipment, fans, or other components
that require service are installed on a roof having a slope of greater than 3 units
vertical in 12 units horizontal (25 percent slope) and having an edge more than 30
inches (762 mm) above grade at such edge, a level platform shall be provided on
each side of the appliance to which access is required for service, repair, or
maintenance. The platform shall be not less than 30 inches (762 mm) in any
dimension and shall be provided with guards. The guards shall extend not less than
42 inches (1067 mm) above the platform, shall be constructed so as to prevent the
passage of a 21-inch-diameter (533 mm) sphere, and shall comply with the loading
requirements for guards specified in the International Building Code.

306.5.2 Electrical requirements. A receptacle outlet shall be provided at or near
the equipment location in accordance with the Electrical Code.

312.1 Load calculations. Heating and cooling system design loads for the purpose
of sizing systems, appliances and equipment may be required to be determined in
accordance with the procedures described in the ASHRAE Handbook of
Fundamentals. Heating and cooling loads shall be adjusted to account for load
reductions that are achieved when energy recovery systems are utilized in the HVAC
system in accordance with the ASHRAE Handbook-HVAC Systems and Equipment.
Alternatively, design loads may be determined by an approved equivalent

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computation procedure, using the design parameters specified in Chapter 3 of the
International Energy Conservation Code.

401.4.1 Intake openings. Mechanical and gravity outdoor air intake openings shall
be located a minimum of 10 feet (3,048 mm) horizontally from any hazardous or
noxious contaminant source, such as vents, chimneys, plumbing vents, streets,
alleys, parking lots, and loading docks, except as otherwise specified in this code.
Where a source of contaminant is located within 10 feet (3,048 mm) horizontally of
an intake opening, such opening shall be located a minimum of 2 feet (610 mm)
below the contaminant source.

Environmental air exhausted from a residential dwelling shall not be considered to be
a hazardous or noxious contaminant.

403.3 Ventilation rate. Ventilation systems shall be designed to have the capacity
to supply the minimum outdoor airflow rate determined in accordance with Table
403.3 based on the occupancy of the space and the occupant load or other
parameters stated therein, or shall be designed in accordance with ASHRAE
Standard 62-2004. The occupant load utilized for design of the ventilation system
shall not be less than the number determined from the estimated maximum occupant
load rate indicated in Table 403.3. Ventilation rates for occupancies not represented
in Table 403.3 shall be determined by an approved engineering analysis. The
ventilation system shall be designed to supply the required rate of ventilation air
continuously during the period the building is occupied, except as otherwise stated in
other provisions of the code.

Exception: The occupant load is not required to be determined, based on the
estimated maximum occupant load rate indicated in Table 403.3 where approved
statistical data documents the accuracy of an alternate anticipated occupant density.




                                   184
185
186
For SI: 1 cubic foot per minute = 0.0004719m3/s, 1 ton = 908 kg, 1 cubic foot per
minute per square foot = 0.00508m3/(s m2), ºC = [(ºF) -32]/1.8, 1 square foot =
0.0929m2.

     a.    Based upon net floor area.

     b.    Mechanical exhaust required and the recirculation of air from such spaces
           as permitted by Section 403.2.1 is prohibited (see Section 403.2.1, Items
           1 and 3).




                                   187
     c.   Spaces unheated or maintained below 50ºF are not covered by these
          requirements unless the occupancy is continuous.

     d.   Ventilation systems in enclosed parking garages shall comply with
          Section 404.

     e.   Where the ventilation rate is expressed in cfm/ft2, such rate is based upon
          cubic feet per minute per square foot of the floor area being ventilated.

     f.   The sum of the outdoor and transfer air from adjacent spaces shall be
          sufficient to provide an exhaust rate of not less than 1.5 cfm/ft2.

     g.   Transfer air permitted in accordance with Section 403.2.2.

     h.   Mechanical exhaust is required and recirculation is prohibited except that
          recirculation shall be permitted where the resulting supply air stream
          consists of not more than 10 percent air recirculated from these spaces
          (see Section 403.2.1, Items 2 and 4).

     i.   The required exhaust system shall capture the contaminants and odors at
          their source or within 10 feet of the finished floor.

501.2.1 Location of exhaust outlets. The termination point of exhaust outlets and
ducts discharging to the outdoors shall be located with the following minimum
distances:

     1.   For ducts conveying explosive or flammable vapors, fumes, or dusts: 30
          feet (9,144 mm) from property lines; 10 feet (3,048 mm) from operable
          openings into buildings; 6 feet (1,829 mm) from exterior walls and roofs;
          30 feet (9,144 mm) from combustible walls and operable openings into
          buildings which are in the direction of the exhaust discharge; 10 feet
          (3,048 mm) above adjoining grade.

     2.   For other product-conveying outlets: 10 feet (3,048 mm) from the
          property lines; 3 feet (914 mm) from exterior walls and roofs; 10 feet
          (3,048 mm) from operable openings into buildings; 10 feet (3,048 mm)
          above adjoining grade.

     3.   For environmental air duct exhaust: 3 feet (914 mm) from property lines;
          3 feet (914 mm) from operable openings into buildings for all occupancies
          other than Group U, and 10 feet (3,048 mm) from mechanical air intakes.

          Exception. Bathroom exhaust fans serving individual dwelling units or
          sleeping units in Group R's may be 3 feet from property lines, operable
          openings, and mechanical air intakes.

     4.   For specific systems: For clothes dryer exhaust, see Section 504.4; for
          kitchen hoods, see Section 506.3; for dust, stock, and refuse conveying
          systems, see Section 511.2; and for subslab soil exhaust systems, see
          Section 512.4.


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504.6.1 Maximum length. The maximum length of a clothes dryer exhaust duct
shall not exceed 25 feet (7,620 mm) from the dryer location to the outlet terminal.
The maximum length of the duct shall be reduced 2 1/2 feet (762 mm) for each 45
degree (0.79 rad) bend and 5 feet (1,524 mm) for each 90 degree (1.6 rad) bend.
The maximum length of the exhaust duct does not include the transition duct.

Exception: Where the make and model of the clothes dryer to be installed is known
and the manufacturer's installation instructions for such dryer are provided to the
code official, the maximum length of the exhaust duct, including any transition duct,
shall be permitted to be in accordance with the dryer manufacturer's installation
instructions.

506.3.6 Grease duct clearances. Grease duct systems and exhaust equipment
serving a Type I hood shall have a clearance to combustible construction of not less
than 18 inches (457 mm), and shall have a clearance to noncombustible construction
and gypsum wallboard attached to noncombustible structures of not less than 3
inches (76 mm).

Exceptions:

     1.    Listed and labeled factory-built commercial kitchen grease ducts and
           exhaust equipment installed in accordance with Section 304.1.

     2.    The 18-inch (457 mm) clearance to combustible construction is allowed to
           be reduced to 3 inches (76 mm) where the combustible construction is
           protected with materials as required for a one-hour fire-resistive
           construction for hood replacements only where the existing adjacent
           construction is combustible.

506.3.10 Grease duct enclosure. A grease duct serving a Type I hood that
penetrates a ceiling, wall, or floor shall be enclosed from the point of penetration to
the outlet terminal. A duct shall penetrate exterior walls only at locations where
unprotected openings are permitted by the International Building Code. Ducts shall
be enclosed in accordance with the International Building Code requirements for
shaft construction. The duct enclosure shall be sealed around the duct at the point
of penetration and vented to the outside of the building through the use of weather-
protected openings. Clearance from the duct to the interior surface of enclosures of
combustible construction shall be not less than 18 inches (457 mm). Clearance from
the duct to the interior surface of enclosures of noncombustible construction or
gypsum wallboard attached to noncombustible structures shall be not less than 6
inches (152 mm). The duct enclosure shall serve a single grease exhaust duct
system and shall not contain any other ducts, piping, wiring, or systems.

Exceptions:

     1.    The shaft enclosure provisions of this section shall not be required where
           a duct penetration is protected with a through-penetration fire-stop system
           classified in accordance with ASTM E 814 and having an "F" and "T"
           rating equal to the fire-resistance rating of the assembly being penetrated
           and where the surface of the duct is continuously covered on all sides
           from the point at which the duct penetrates a ceiling, wall, or floor to the

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           outlet terminal with a classified and labeled material, system, method of
           construction, or product specifically evaluated for such purpose, in
           accordance with ASTM E 2336. Exposed duct wrap systems shall be
           protected where subject to physical damage.

     2.    The shaft enclosure provisions of this section shall not be required where
           a duct penetration is protected with a through-penetration fire-stop system
           classified in accordance with ASTM E 814 and having an "F" and "T"
           rating equal to the fire resistance rating of the assembly being penetrated
           and where a prefabricated grease duct enclosure assembly is protected
           on all sides from the point at which the duct penetrates a ceiling, wall, or
           floor to the outlet terminal with a classified and labeled prefabricated
           system specifically evaluated for such purposes in accordance with UL
           2221.

     3.    The 18-inch (457 mm) clearance to combustible construction is allowed to
           be reduced to 3 inches (76 mm) where the combustible construction is
           protected with materials as required for a one-hour fire-resistive
           construction for hood replacements only where the existing adjacent
           construction is combustible.

507.1 General. Commercial kitchen exhaust hoods shall comply with the
requirements of this section. Hoods shall be Type I or Type II and shall be designed
to capture and confine cooking vapors and residues.

Exceptions:

     1.    Factory-built commercial exhaust hoods which are tested in accordance
           with UL 710, listed, labeled, and installed in accordance with Section
           304.1 shall not be required to comply with Sections 507.4, 507.7, 507.11,
           507.12, 507.13, 507.14, and 507.15.

     2.    Factory-built commercial cooking recirculation systems which are tested
           in accordance with UL 710B, listed, labeled, and installed in accordance
           with Section 304.1 shall not be required to comply with Sections 507.4,
           507.5, 507.7, 507.12, 507.13, 507.14, and 507.15.

     3.    Net exhaust volumes for hoods shall be permitted to be reduced during
           no-load cooking conditions, where engineered or listed multispeed or
           variable speed controls automatically operate the exhaust system to
           maintain capture and removal of cooking effluents as required by this
           section.

507.2.1.1 Operation. Repealed.

507.9 Clearances for Type I hood. A Type I hood shall be installed with a
clearance to combustibles of not less than 18 inches (457 mm).

Exceptions:



                                   190
     1.    Clearance shall not be required from gypsum wallboard attached to
           noncombustible structures provided that a smooth, cleanable,
           nonabsorbent, and noncombustible material is installed between the hood
           and the gypsum wallboard over an area extending not less than 18 inches
           (457 mm) in all directions from the hood.

     2.    The 18-inch (457 mm) clearance to combustible construction is allowed to
           be reduced to 3 inches (76 mm) where the combustible construction is
           protected with materials as required for a one-hour fire-resistive
           construction for hood replacements only where the existing adjacent
           construction is combustible.

508.1.1 Makeup air temperature. The temperature of makeup air shall not be more
than ten degrees F (six degrees C) below the temperature of the air in the
conditioned space.

Exceptions:

     1.    Makeup air that is part of the air-conditioning system.

     2.    Makeup air that does not decrease the comfort conditions of the occupied
           space.

SECTION 512 SUBSLAB SOIL EXHAUST SYSTEMS.

512.1 General. When a subslab soil exhaust system is provided, the duct shall
conform to the requirements of this section.

512.2 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; brass or copper pipe;
copper tube of a weight not less than that of copper drainage tube, Type DWV; and
plastic piping.

512.3 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).

512.4 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 (3048
mm) from any operable openings or air intake.

602.2.1 Materials exposed within plenums. Except as required by Sections
602.2.1.1 through 602.2.1.5, materials within plenums shall be noncombustible or
shall have a flame spread index of not more than 25 and a smoke-developed index
of not more than 50 when tested in accordance with ASTM E 84.

Exceptions:

     1.    Rigid and flexible ducts and connectors shall conform to Section 603.

                                   191
     2.    Duct coverings, linings, tape, and connectors shall conform to Sections
           603 and 604.

     3.    This section shall not apply to materials exposed within plenums in one-
           and two-family dwellings.

     4.    This section shall not apply to smoke detectors.

     5.    Combustible materials enclosed in noncombustible raceways or
           enclosures, approved gypsum board assemblies, or enclosed in materials
           listed and labeled for such application.

602.2.1.1 Wiring. Combustible electrical or electronic wiring methods and materials,
optical fiber cable, and optical fiber raceway exposed within a plenum shall have a
peak optical density not greater than 0.50, an average optical density not greater
than 0.15, and a flame spread not greater than 5 feet (1,524 mm) when tested in
accordance with NFPA 262. Only type OFNP (plenum rated nonconductive optical
fiber cable) shall be installed in plenum-rated optical fiber raceways. Wiring, cable,
and raceways addressed in this section shall be listed and labeled as plenum rated
and shall be installed in accordance with Electrical Code.

603.2 Duct sizing. Ducts installed in a single family dwelling unit may be required to
be sized in accordance with ACCA Manual D or other approved methods. Ducts
installed within all other buildings shall be sized in accordance with the ASHRAE
Handbook of Fundamentals or other equivalent computation procedure.

603.4 Metallic ducts. All metallic ducts shall be constructed as specified in the
SMACNA HVAC Duct Construction Standards-Metal and Flexible.

Exceptions:

     1.    Ducts installed within single dwelling units shall have a minimum
           thickness as specified in Table 603.4.

     2.    "Ductmate Standards" shall be allowed when using "Ductmate"
           connections.

603.6.1.1 Duct length. Flexible air ducts shall be limited in length to 14 feet.

603.6.2 Flexible air connectors. Deleted.

603.6.2.1 Connector length. Deleted.

603.6.2.2 Connector penetration limitations. Deleted.

603.6.3 Air temperature. The design temperature of air to be conveyed in flexible
air ducts shall be less than 250 degrees F (121 degrees C).

603.6.4 Flexible air duct clearance. Flexible air ducts shall be installed with a
minimum clearance to an appliance as specified in the appliance manufacturer's
installation instructions.

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603.9 Joints, seams, and connections. All 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. All longitudinal and transverse
joints, seams and connections in ducts located outside of the building envelope, all
return ducts located within 10 feet (2.28 m) of any appliance or all return ducts within
a mechanical room and the plenum/coil cabinet connections shall be made
substantially airtight and be securely fastened and sealed with welds gaskets,
mastics (adhesives), mastic-plus- embedded-fabric systems, or tapes. Tapes and
mastics used to seal ductwork listed and labeled in accordance with UL181A 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 flexible air ducts and flexible air
connectors shall comply with UL 181B and shall be marked "181B-FX" for pressure-
sensitive tape or "181B-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 181B-C. Unlisted duct tape is not permitted as a sealant on any metal ducts.

606.4.1 Supervision. The duct smoke detectors shall be connected to a fire alarm
system. The actuation of a duct smoke detector shall activate a visible and audible
supervisory signal at a constantly attended location. 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.

Exceptions:

     1.    The supervisory signal at a constantly attended location is not required
           where the duct smoke detector activates the building's alarm-indicating
           appliances.

     2.    In occupancies not required to be equipped with a fire alarm system,
           actuation of a smoke detector shall activate a visible and an audible
           signal in an approved location. Duct smoke detector trouble conditions
           shall activate a visible or audible signal in an approved location and shall
           be identified as air duct detector trouble.

703.1.1 Number and location of openings. Two openings shall be provided, one
within one foot (305 mm) of the ceiling of the room and one within 1 foot (305 mm) of
the floor.

Exception: When all air is taken from the outdoors for appliances and the total input
of the appliances is less than 300,000 Btu/hr (1,704,000 W/ meters squared K), one
outside air duct may be used and shall terminate below the draft hood. An exterior
opening may be used in place of a duct provided that it is located at least one foot
below the draft hood.

703.1.5 Alternate combustion air sizing. As an alternate to the above-referenced
combustion air openings, the net free area of openings, ducts, or plenums supplying
air to an area containing fuel-burning appliances shall be as specified in Table 7-A.


                                    193
          Table No. 7-A
          Combustion Air Requirements for Appliances Requiring an Outside Air
          Opening in Areas with 5,000 Degrees Fahrenheit (2,777 Degrees Celsius) or
          Greater Heating Degree Days
                Total Input of Appliances1        Required Free Area of Air
                Thousand of Btu/h                 Supply
                                                  Opening or Duct, Square
                                                  Inches2
                 25 (26.4 KJ/h)                          7 (4,516 mm2)
                 50 (52.8 KJ/h)                          7 (4,516 mm2)
                 75 (79.1 KJ/h)                          11 (7,097 mm2)
                 100 (106 KJ/h)                          14 (9,032 mm2)
                 125 (132 KJ/h)                          18 (11,610 mm2)
                 150 (158 KJ/h)                          22 (14,190 mm2)
                 175 (185 KJ/h)                          25 (16,130 mm2)
                 200 (211 KJ/h)                          29 (18,710 mm2)
                 225 (237 KJ/h)                          32 (20,650 mm2)
                 250 (264 KJ/h)                          36 (23,230 mm2)
                 275 (290 KJ/h)                          40 (25,810 mm2)
                 300 (317 KJ/h)                          43 (27,740 mm2)

               1.    For total inputs that fall between the listing figures, use the next largest
                     listed input.

               2.    These figures are based on the maximum equivalent duct length of 20
                     feet (6.1 m). For equivalent duct lengths in excess of 20 feet (6.1 m) to
                     and including a maximum of 150 feet (15.2 m), increase the round duct
                     diameter by one size. A square or rectangular duct may be considered
                     only where the required duct size is 9 in 2 (5,800 mm2) or larger and the
                     smaller dimension must be not less than 3 inches (76.2 mm).

          802.3 Installation. Vent systems shall be sized, installed, and terminated in
          accordance with the vent and appliance manufacturer's installation instructions.
          Type B vents shall not be installed with offsets in concealed spaces.

          (Amended: Ordinance No. 2009-03)

9.0603.   Amendments, additions, and deletions to the International Fuel Gas Code.

          The following sections of the International Fuel Gas Code shall be amended, added,
          or deleted as follows. All other sections or subsections of the International Fuel Gas
          Code as published shall remain the same.

          101.1 Title. These regulations shall be known as the Fuel Gas Code of the city of
          Harrisburg, South Dakota, hereinafter referred to as "this code."


                                              194
101.2 Scope. This code shall apply to the installation of fuel gas piping systems,
fuel gas utilization equipment, gaseous hydrogen systems, and related accessories
in accordance with Sections 101.2.1 through 101.2.5.

Exceptions:

     1.    Detached one- and two-family dwellings and multiple single-family
           dwellings (townhouses) not more than three stories high with separate
           means of egress and their accessory structures shall comply with the
           International Residential Code.

     2.    Mechanical systems in existing buildings undergoing repair, alterations or
           additions, and change of occupancy shall be permitted to comply with
           less stringent codes when determined appropriate by the building official
           and/or city council.

103.2 Appointment. Repealed.

103.4 Liability. The code official, officer, or employee charged with the enforcement
of this code, while acting for the city, 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 required or permitted in the discharge of official
duties.

Any suit instituted against any officer or employee because of an act or omission
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 immunities and defenses provided by other applicable state and
federal laws. 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; and any officer of the Department of Planning and Zoning, acting in good faith
and without malice, shall be free from liability for acts performed under any of its
provisions or by reason of any act or omission in the performance of official duties in
connection therewith.

106.1 When required. An owner, authorized agent, or contractor who desires to
erect, install, enlarge, alter, repair, remove, convert, or replace an installation
regulated by this code, or to cause such work to be done, shall first make application
to the code official and obtain the required permit for the work. A permit is not
required by a licensed mechanical contractor if an inspection as specified in Section
107 (IFGC) is requested and obtained for any fuel gas work.

Exception: Where equipment replacements and repairs are required to be
performed in an emergency situation, the permit application shall be submitted within
the next working business day of the Department of Inspection.

106.4.3.1 Final Inspection. After the work has been commenced, the owner or
contractor shall make arrangements for the mechanical inspector to inspect the
installation. Failure to arrange for an inspection shall cause the permit to expire by
limitation and become null and void and the work shall be presumed unsafe in
accordance with Section 108.7 of the International Mechanical Code. All permits

                                     195
shall expire by limitation and become null and void if the work authorized is not
completed within one year from the date of such permit, and all work which has not
received a final inspection shall be presumed unsafe in accordance with Section
108.7 of the International Mechanical Code.

106.5.1 Work commencing before permit issuance. Any person who commences
work on an installation before obtaining the necessary permits may be subject to a
$250.00 administrative fee in addition to the required permit fees.

106.5.2 Fee schedule. The fee for each building permit shall be set forth by
resolution by the City Council and can be obtained from the City of Harrisburg
Offices.

106.5.3 Fee refunds. Fee refunds can only be issued if approved by the city
council.

107.1 Required inspections and testing. It shall be the duty of the licensed
mechanical contractor or his designated mechanic doing the work authorized by a
permit to notify the mechanical inspector that such work is ready for inspection. The
building official may require that every request for inspection be filed at least one
working day before such inspection is desired.

The code official, upon notification from the permit holder or the permit holder's
agent, shall make the following inspections and other such inspections as necessary,
and shall either release that portion of the construction or shall notify the permit
holder or the permit holder's agent of violations that must be corrected. The holder
of the permit shall be responsible for the scheduling of such inspections.

     1.    Underground inspection shall be made after trenches or ditches are
           excavated and bedded, piping installed, and before backfill is put in place.
           When excavated soil contains rocks, broken concrete, frozen chunks, and
           other rubble that would damage or break the piping or cause corrosive
           action, clean backfill shall be on the job site.

     2.    Rough-in inspection shall be made after the roof, framing, fire-blocking,
           and bracing are in place and all ducting and other components to be
           concealed are complete, and prior to the installation of wall or ceiling
           membranes.

     3.    Final inspection shall be made upon completion of the mechanical
           system.

Exception: Ground-source heat pump loop systems tested in accordance with
Section 1208.1.1 shall be permitted to be backfilled prior to inspection.

The requirements of this section shall not be considered to prohibit the operation of
any heating equipment or appliances installed to replace existing heating equipment
or appliances serving an occupied portion of a structure provided that a request for
inspection of such heating equipment or appliances has been filed with the
department not more than 48 hours after such replacement work is completed, and


                                   196
before any portion of such equipment or appliances is concealed by any permanent
portion of the structure.

108.3 Prosecution of violation. If the notice of violation is not complied with
promptly, the code official shall 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 structure in violation of the provisions of
this code or of the order or direction made pursuant thereto.

108.4 Violation penalties. Persons who shall violate a provision of this code, fail to
comply with any of the requirements thereof or erect, install, alter, or repair work in
violation of the approved construction documents or directive of the code official, or
of a permit or certificate issued under the provisions of this code, shall be guilty of an
ordinance violation and punishable under Chapter 1 and/or 2 of the Revised
Ordinances of Sioux Falls, SD.

108.5 Stop work orders. Upon notice from the code official that work is being done
contrary to the provisions of this code or in a dangerous or unsafe manner, such
work shall immediately cease. Such notice shall be in writing and shall be given to
the owner of the property, the owner's agent, or the person doing the work. The
notice shall state the conditions under which work is authorized to resume. Where
an emergency exists, the code official shall not be required to give a written notice
prior to stopping the work. Any person who shall continue any work on the system
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 guilty of an
ordinance violation and punishable by the general provisions of this code.

SECTION 109 (IFGC) Repeal.

Repeal.

109.1 Repeal.

109.2 Repeal.

109.2.1 Repeal.

109.2.2 Repeal.

109.2.3 Repeal.

109.2.4 Repeal.

109.2.5 Repeal.

109.2.6 Repeal.

109.3 Repeal.

109.4 Repeal.

                                     197
109.4.1 Repeal.

109.5 Repeal.

109.6 Repeal.

109.6.1 Repeal.

109.6.2 Repeal.

109.7 Repeal.

201.3 Terms defined in other codes. Where terms are not defined in this code and
are defined in the ICC National Electrical Code, International Building Code,
International Residential Code, International Existing Building Code, International
Fire Code, International Mechanical Code, or Uniform Plumbing Code, such terms
shall have meanings ascribed to them as in those codes.

202 EMPLOYEE. A person whose compensation for mechanical work is reported by
the employer on an Internal Revenue Service W-2 form, and is also otherwise
considered an employee under applicable laws.

202 FIREPLACE CONTACTOR. A person who has the necessary qualification,
training, experience, and technical knowledge to properly plan, layout, and install
fireplaces.

202 FIREPLACE WORK. Work that shall include all masonry fireplaces, factory built
fireplaces, pellet or grain fuel burning appliances, fireplace stoves and room heaters,
decorative appliances for installation in fireplaces, vented gas fireplaces, vented gas
fireplace heaters, and factory built barbeque appliances.

202 INACTIVE MASTER MECHANIC. A person who is licensed by the city of Sioux
Falls, South Dakota as a master mechanic, but is not designated as a master
mechanic for a mechanical contractor and who may be issued upon request an
inactive mechanical contractors license.

202 MASTER MECHANIC. A person who has the necessary qualifications, training,
experience, and technical knowledge to properly plan, layout, and install heating,
ventilation, air-conditioning, refrigeration, and fireplace systems or equipment and
who is licensed by the city.

202 MECHANICAL CONTRACTOR. A person who undertakes or offers to
undertake, to plan for, layout, or install or make additions, alterations, or repairs in
the installation of heating, ventilating, air-conditioning, or refrigeration systems or
equipment with or without compensation and who is licensed by the city. A
mechanical contractor's license does not, of itself, qualify its holder to perform or
supervise mechanical work. Mechanical work means installing, altering, repairing,
planning, or laying out of heating, ventilating, air-conditioning, refrigeration, and
fireplace systems or equipment.



                                     198
202 MECHANICAL WORK. All installation, alteration, repair, replacement, and
maintenance of heating, ventilation, air-conditioning, refrigeration, and fireplace
systems or equipment.

202 OWNER. A natural person who physically performs mechanical work on the
premises the person owns and actually occupies as a resident or owns and will
occupy as a residence upon completion of the construction.

202 PERSONAL SUPERVISION. Means that a master mechanic oversees and
directs the mechanical work performed by employee(s) such that:

     1.    The master mechanic is immediately available to the employee(s).

     2.    The master mechanic is able to and does determine that all mechanical
           work performed by the employee(s) is performed in compliance with this
           chapter and any other ordinance regulating mechanical installations.

202 REFRIGERATION CONTRACTOR. A person who has the necessary
qualifications, training, experience, and technical knowledge to properly plan, layout,
and install refrigeration systems or equipment and is licensed by the city.

202 REFRIGERATION WORK. Work that shall include all cooling systems or
equipment that will be used for other than human comfort.

202 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.

301.6 Plumbing connections. Potable water supply and building drainage system
connections to appliances regulated by this code shall be in accordance with the
Plumbing Code.

304.6 Outdoor combustion air. Outdoor combustion air shall be provided through
opening(s) to the outdoors in accordance with Section 304.6.1 or 304.6.2. The
minimum dimension of air openings shall be not less than 3 inches (76 mm).

Exception: When all air is taken from the outdoors for appliances and the total input
of the appliances is less than 300,000 Btu/hr (1,704,000 W/ meters squared K), one
outside air duct may be used and shall terminate below the draft hood. An exterior
opening may be used in place of a duct provided that it is located at least 1 foot
below the draft hood.

304.6.3 Alternate combustion air sizing (IFGC). As an alternate to the above-
referenced combustion air openings, the net free area of openings, ducts, or
plenums supplying air to an area containing gas-burning appliances shall be as
specified in Table 7-B.




                                    199
Table No. 7-B-Combustion Air Requirements for Appliances Requiring an
Outside Air Opening in Areas with 5,000 degrees Fahrenheit (2,777 degrees
Celsius) or Greater Heating Degree Days
       Total Input of                    Required Free Area of Air
       Appliances1                       Supply
       Thousand of Btu/h                 Opening or Duct, Square
                                         Inches2
          25 (26.4 KJ/h)                         7 (4,516 mm2)
          50 (52.8 KJ/h)                         7 (4,516 mm2)
          75 (79.1 KJ/h)                         11 (7,097 mm2)
          100 (106 KJ/h)                         14 (9,032 mm2)
          125 (132 KJ/h)                         18 (11,610 mm2)
          150 (158 KJ/h)                         22 (14,190 mm2)
          175 (185 KJ/h)                         25 (16,130 mm2)
          200 (211 KJ/h)                         29 (18,710 mm2)
          225 (237 KJ/h)                         32 (20,650 mm2)
          250 (264 KJ/h)                         36 (23,230 mm2)
          275 (290 KJ/h)                         40 (25,810 mm2)
          300 (317 KJ/h)                         43 (27,740 mm2)

     1.      For total inputs that fall between the listing figures, use the next largest
             listed input.

     2.      These figures are based on the maximum equivalent duct length of 20
             feet (6.1 m). For equivalent duct lengths in excess of 20 feet (6.1 m) to
             and including a maximum of 150 feet (15.2 m), increase the round duct
             diameter by one size. A square or rectangular duct may be considered
             only where the required duct size is 9 inches2 (5,800 mm2) or larger and
             the smaller dimension must be not less than 3 inches (76.2 mm).

[M] 306.3.1 Electrical requirements. A luminaire controlled by a switch located at
the required passageway opening and a receptacle outlet shall be provided at or
near the equipment location in accordance with the Electrical Code.

[M] 306.4.1 Electrical requirements. A luminaire lighting fixture controlled by a
switch located at the required passageway opening and a receptacle outlet shall be
provided at or near the equipment location in accordance with the Electrical Code.

[M] 306.5 Appliances on roofs or elevated structures. Where appliances
requiring access are installed on roofs or elevated structures at a height exceeding
16 feet (4877 mm), such access shall be provided by a permanent approved means
of access, the extent of which shall be from grade or floor level to the appliance's
level service space. Exterior access may be by means of a ladder which need not
extend closer than 7 feet (2134 mm) to finished grade. Such access shall not require
climbing over obstructions greater than 30 inches high (762 mm) or walking on roofs
having a slope greater than 4 units vertical in 12 units horizontal (33 percent slope).

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Permanent ladders installed to provide the required access shall comply with the
following minimum design criteria.

     1.    The side railing shall extend above the parapet or roof edge not less than
           30 inches (762 mm).

     2.    Ladders shall have a rung spacing not to exceed 14 inches (356 mm) on
           center.

     3.    Ladders shall have a toe spacing not less than 6 inches (152 mm) deep.

     4.    There shall be a minimum of 18 inches (457 mm) between rails.

     5.    Rungs shall have a minimum diameter of 0.75 inch (19 mm) and shall be
           capable of withstanding a 300-pound (136.1 kg) load.

     6.    Ladders over 30 feet (9144 mm) in height shall be provided with offset
           sections and landings capable of withstanding a load of 100 pounds per
           square foot (488.2 kg/m2).

     7.    Ladders shall be protected against corrosion by approved means.

     Catwalks installed to provide the required access shall be not less than 24
     inches wide (610 mm) and shall have railings as required for service platforms.

Exception: This section shall not apply to Group R-3 occupancies.

[M] 306.5.2 Electrical requirements. A receptacle outlet shall be provided at or
near the equipment location in accordance with the Electrical Code.

309.2 Connections. Electrical connections between equipment and the building
wiring, including the grounding of the equipment, shall conform to the Electrical
Code.

502.5 Installation. Vent systems shall be sized, installed, and terminated in
accordance with the vent and appliance manufacturer's installation instructions and
Section 503. Type B vents shall not be installed with offsets in concealed spaces.

503.4.1 Plastic piping. Plastic piping used for venting appliances listed for use with
such venting materials shall be approved.

Plastic pipe and fittings used to vent appliances shall be installed in accordance with
the pipe manufacturer's installation instructions and the appliance manufacturer's
installation instructions. Solvent cement joints between ABS pipe and fittings shall
be cleaned. Solvent cement joints between CPVC and PVC pipe and fittings shall be
primed. The primer shall be a contrasting color.

Exception: Where compliance with this section would conflict with the appliance
manufacturer's installation instructions.

(Amended: Ordinance No. 2009-03)

                                   201
9.0604 - 9.0610 Reserved.

         (Amended: Ordinance No. 2009-03)


CHAPTER 9.07 - PROPERTY MAINTENANCE CODE

9.0701   Adopted. The International Property Maintenance Code, 2006 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 2006
         International Property Maintenance Code will become effective after June 2, 2009.

         A printed copy as amended is on file with the city planning and zoning administrator.

         (Amended: Ordinance No. 2009-03)

9.0702   Amendments. The following sections and subsections of the International Property
         Maintenance Code adopted in this article shall be amended or added as follows. All
         other sections or subsections shall remain the same.

         101.1 Title. These regulations shall be known as the Property Maintenance Code of
         the City of Harrisburg, South Dakota, hereinafter referred to as "this code."

         101.3 Intent. The intent of this code is to provide flexibility to permit the use of
         alternative approaches to achieve compliance with minimum requirements to
         safeguard the public health, safety, and welfare insofar as they are affected by the
         repair, alteration, change of occupancy, addition, and relocation of existing buildings.
         Repairs, alterations, additions to, and change of occupancy in existing buildings shall
         comply with the applicable International Residential Code or International Building
         Code.

         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, Uniform Plumbing Code, and the National Electrical Code.
         Nothing in this code shall be construed to cancel, modify, or set aside any provision
         of any Ordinances of the Harrisburg, South Dakota.

         103.2 Code official. The building official is designated as the code official and shall
         enforce all provisions of this code.

         103.4 Liability. The code official, officer or employee charged with the enforcement
         of this code, while acting for the jurisdiction, shall not thereby be rendered liable

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personally, and is hereby relieved from all personal liability for any damage accruing
to persons or property as a result of an act or omission required or permitted in the
discharge of official duties.

Any suit instituted against any officer or employee because of an act or omission
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. 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; and
any officer or employee of the city, acting in good faith and without malice, shall be
free from liability for acts performed under any of its provisions or by reason of any
act or omission in the performance of official duties in connection therewith.

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 by resolution and keep on file at the city offices. In addition, an
administrative fee of $250 may be assessed for the preparation of bids and contracts
to correct or abate a violation.

107.6 Extension of time agreement. If the Code Official determines that an
extension of time will not create or perpetuate a situation imminently dangerous to
life or property, the code official may grant an extension of time, not to exceed 180
days in which to complete the work listed in the Notice and Order. Any extension
shall not extend the time to appeal the Notice and Order. Any extension shall be
agreed to in writing in a document containing the following:

     1.    A reasonable and acceptable schedule, setting forth specific dates to
           complete corrective action for each violation listed in the Notice and
           Order.

     2.    A signature of the responsible party.

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 Adjustments 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 Repealed.

111.2.1 Repealed.

111.2.4 Repealed.

111.2.5 Repealed.

111.3 Repealed.

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111.4 Repealed.

111.4.1 Repealed.

111.5 Repealed.

111.6 Repealed.

111.6.1 Repealed.

111.6.2 Repealed.

111.7 Repealed.

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 and acted on by the board of adjustment.

201.3 Terms defined in other codes. Where terms are not defined in this code and
are defined in the Building Code, Residential Code, Fuel Gas Code, or Mechanical
Code, such terms shall have the meanings ascribed to them as in those codes.

302.4 Weeds. All premises and exterior property shall be maintained free from
weeds or plant growth in excess of a height established by resolution by the city
council of Harrisburg. All noxious weeds shall be prohibited. Weeds shall be defined
as all grasses, annual plants, 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 city council of Harrisburg.
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
cost of such removal shall be paid by the owner or agent responsible for the
property.

302.8 Motor vehicles. Abandoned and inoperative vehicles shall be regulated by
Ordinance 2005-2 of the City of Harrisburg or the most current amendments and
additions to the Ordinance.

303.2 Enclosures. Private swimming pools, hot tubs and spas, containing water
more than 18 inches (457 mm) in depth, shall be completely surrounded by a fence
or barrier at least 42 inches (1066 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. Self-closing and self-latching gates
shall be maintained such that the gate will positively close and latch when released
from an open position. No existing pool enclosure shall be removed, replaced, or
changed in a manner that reduces its effectiveness as a safety barrier.



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Exception: Spas or hot tubs with a safety cover that complies with ASTM F 1346
shall be exempt from the provisions of this code.

304.14 Insect screens. During the period from May 1 to October 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 not less than 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.

402.1 Habitable spaces. Every habitable space shall have at least 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 eight 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 three 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:

     1.    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 at least eight percent of the floor area of the
           interior room or space, but not less than 25 square feet (2.33m2). The
           exterior glazing area shall be based on the total floor area being served.

     2.    The glazed areas need not be provided in rooms where artificial light is
           provided capable of producing an average illumination of six footcandles
           (6.46 lux) over the area of the room at a height of 30 inches (762 mm)
           above the floor level.

404.4.1 Room area. Every living room shall contain at least 120 square feet (11.2
m2), and every bedroom shall contain at least 70 square feet (6.5 m2) and every
bedroom occupied by more than one person shall contain at least 50 square feet (4.6
m2) of area for each occupant.

404.5 Overcrowding. Delete.

505.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, water
closet or other plumbing fixture shall be properly connected to either a public water
system or to an approved private water system. All kitchen sinks, lavatories, laundry
facilities, bathtubs and showers shall be supplied with hot or tempered and cold
running water in accordance with the Plumbing Code.

602.2 Residential occupancies. Dwellings shall be provided with heating facilities
                                               F     C)
capable of maintaining a room temperature of 68° ( 20° in all habitable rooms,

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         bathrooms and toilet rooms Cooking appliances shall not be used to provide space
         heating to meet the requirements of this section.

         602.3 Heat supply. Every owner and operator of any building who rents, leases, or
         lets one or more dwelling unit, rooming unit, dormitory, or guestroom on terms, either
         expressed or implied, to furnish heat to the occupants thereof shall supply heat
         during the period from October 1 to May 1 to maintain a temperature of not less than
             F    C)
         68° (20° in all habitable rooms, bathrooms, and toilet rooms.

         Exceptions:

                1.   When the outdoor temperature is below the winter outdoor design
                     temperature for the locality, maintenance of the minimum room
                     temperature shall not be required provided that the heating system is
                     operating at its full design capacity.

                2.                                                             F    C),
                     In areas where the average monthly temperature is above 30° (-1° a
                                                F   C)
                     minimum temperature of 65° (18° shall be maintai ned.

         602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied
         with heat during the period from October 1 to May 1 to maintain a temperature of not
                      F     C)
         less than 65° (18° during the period the spaces are occupied.

         Exceptions:

                1.   Processing, storage, and operation areas that require cooling or special
                     temperature conditions.

                2.   Areas in which persons are primarily engaged in vigorous physical
                     activities.

         604.2 Service. The size and usage of appliances and equipment shall serve as a
         basis for determining the need for additional facilities in accordance with the
         Electrical Code. Dwelling units shall be served by a three-wire, 120/240-volt, single-
         phase electrical service having a rating of not less than 60 amperes.

         (Amended: Ordinance No. 2009-03)

9.0703-9.0710    Reserved.

         (Amended: Ordinance No. 2009-03)


CHAPTER 9.08 - FLOOD DAMAGE PREVENTION
9.0801   Statutory Authorization. The Legislature of the State of South Dakota has in SDCL 9-
         36 and 7-18-14 delegated the responsibility to local government units to adopt
         regulations designed to promote the public health, safety, and general welfare of its
         citizenry. Therefore, the City Council of the City of Harrisburg, South Dakota does
         ordain as follows:


                                             206
         (Amended: Ordinance No. 2008-02)

9.0802   Findings of Fact.

         (1)   The flood hazard areas of the City of Harrisburg are subject to periodic inundation
               which results in loss of life and property, health and safety hazards, disruption of
               commerce and governmental services, extraordinary public expenditures for flood
               protection and relief, and impairment of the tax base, all of which adversely affect
               the public health, safety and general welfare.

         (2)   These flood losses are caused by the cumulative effect of obstructions in areas of
               special flood hazard which increase flood heights and velocities, and when
               inadequately anchored, damage uses in other areas. Uses that are inadequately
               floodproofed, elevated or otherwise protected from flood damage also contribute
               to the flood loss.

         (Amended: Ordinance No. 2008-02)

9.0803   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 to specific areas by provisions designed:

         (1)   To protect human life and health;

         (2)   To minimize expenditure of public money for costly flood control projects;

         (3)   To minimize the need for rescue and relief efforts associated with flooding and
               generally undertaken at the expense of the general public;

         (4)   To minimize prolonged business interruptions;

         (5)   To minimize damage to public facilities and utilities such as water and gas mains,
               electric, telephone and sewer lines, streets and bridges located in areas of special
               flood hazard;

         (6)   To help maintain a stable tax base by providing for the sound use and
               development of areas of special flood hazard so as to minimize future flood blight
               areas;

         (7)   To ensure that potential buyers are notified that property is in an area of special
               flood hazard; and,

         (8)   To ensure that those who occupy the areas of special flood hazard assume
               responsibility for their actions.

         (Amended: Ordinance No. 2008-02)

9.0804   Methods of Reducing Flood Losses. In order to accomplish its purposes, this ordinance
         includes methods and provisions for:



                                              207
         (1)   Restricting or prohibiting uses which are dangerous to health, safety, and property
               due to water or erosion hazards, or which result in damaging increases in erosion
               or in flood heights or velocities;

         (2)   Requiring that uses vulnerable to floods, including facilities which serve such
               uses, be protected against flood damage at the time of initial construction;

         (3)   Controlling the alteration of natural floodplains, stream channels, and natural
               protective barriers, which help accommodate or channel flood waters;

         (4)   Controlling filling, grading, dredging, and other development which may increase
               flood damage; and,

         (5)   Preventing or regulating the construction of flood barriers which will unnaturally
               divert flood waters or which may increase flood hazards in other areas.

         (Amended: Ordinance No. 2008-02)

9.0805   Definitions. Unless specifically defined below, words or phrases used in this ordinance
         shall be interpreted so as to give them the meaning they have in common usage and to
         give this ordinance its' most reasonable application.

         ALLUVIAL FAN FLOODING - means flooding occurring on the surface of an alluvial
         fan or similar landform which originates at the apex and is characterized by high-
         velocity flows; active processes of erosion, sediment transport, and deposition; and
         unpredictable flow paths.

         APEX - means a point on an alluvial fan or similar landform below which the flow
         path of the major stream that formed the fan becomes unpredictable and alluvial fan
         flooding can occur.

         AREA OF SHALLOW FLOODING - means a designated AO, AH, or VO zone on a
         community's Flood Insurance Rate Map (FIRM) with a one percent chance or greater
         annual chance of flooding to an average depth of one to three 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 HAZARD - is the land in the floodplain within a
         community subject to a one percent or greater chance of flooding in any given year.
         The area may be designated as Zone A on the Flood Hazard Boundary Map
         (FHBM). After detailed ratemaking has been completed in preparation for publication
         of the FIRM, Zone A usually is refined into Zones A, AE, AH, AO, A1-99, VO, V1-30,
         VE or V.

         BASE FLOOD - means the flood having a one percent chance of being equaled or
         exceeded in any given year.

         BASEMENT - means any area of the building having its floor sub-grade (below
         ground level) on all sides.


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CRITICAL FEATURE - means an integral and readily identifiable part of a flood
protection system, without which the flood protection provided by the entire system
would be compromised.

DEVELOPMENT - means any man-made change in improved and 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.

ELEVATED BUILDING - means a non-basement building (i) built, in the case of a
building in Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the
elevated floor, or in the case of a building in Zones V1-30, VE, or V, to have the
bottom of the lowest horizontal structure member of the elevated floor elevated
above the ground level by means of pilings, columns (posts and piers), or shear
walls parallel to the flow of the water and (ii) adequately anchored so as not to impair
the structural integrity of the building during a flood of up to the magnitude of the
base flood. In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D,
"elevated building" also includes a building elevated by means of fill or solid
foundation perimeter walls with openings sufficient to facilitate the unimpeded
movement of flood waters. In the case of Zones V1-30, VE, or V, "elevated building"
also includes a building otherwise meeting the definition of "elevated building," even
though the lower area is enclosed by means of breakaway walls if the breakaway
walls met the standards of Section 60.3(e)(5) of the National Flood Insurance
Program regulations.

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
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 before the effective date of the
floodplain management regulations adopted by a community.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR
SUBDIVISION - means the preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured 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 a general and temporary condition of partial or
complete inundation of normally dry land areas from:

      1.    the overflow of inland or tidal waters.

      2.    the unusual and rapid accumulation or runoff of surface waters from any
            source.


                                       209
FLOOD INSURANCE RATE MAP (FIRM) - means an official map of a community,
on which the Federal Emergency Management Agency has delineated both the
areas of special flood hazards and the risk premium zones applicable to the
community.

FLOOD INSURANCE STUDY - is the official report provided by the Federal
Emergency Management Agency. The report contains flood profiles, water surface
elevation of the base flood, as well as the Flood Boundary-Floodway Map.

FLOODPLAIN OR FLOOD-PRONE AREA - means any land area susceptible to
being inundated by water from any source (see definition of flooding).

FLOODPLAIN MANAGEMENT - means the operation of an overall program of
corrective and preventive measures for reducing flood damage, including but not
limited to emergency preparedness plans, flood control works and floodplain
management regulations.

FLOODPLAIN MANAGEMENT REGULATIONS - means zoning ordinances,
subdivision regulations, building codes, health regulations, special purpose
ordinances (such as a floodplain ordinance, grading ordinance and erosion control
ordinance) and other applications of police power. The term describes such state or
local regulations, in any combination thereof, which provide standards for the
purpose of flood damage prevention and reduction.

FLOOD PROTECTION SYSTEM - means those physical structural works for which
funds have been authorized, appropriated, and expended and which have been
constructed specifically to modify flooding in order to reduce the extent of the areas
within a community subject to a "special flood hazard" and the extent of the depths of
associated flooding. Such a system typically includes hurricane tidal barriers, dams,
reservoirs, levees or dikes. These specialized flood modifying works are those
constructed in conformance with sound engineering standards.

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 (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.

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.


                                    210
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 preservation programs which have been approved by the
           Secretary of Interior; or

     4.    Individually listed on a local inventory or 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.

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 or
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 requirement of
Section 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 connected 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.




                                     211
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 community's Flood Insurance Rate Map are referenced.

NEW CONSTRUCTION - means, for the purpose 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 community 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 community.

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
            projections;
      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

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,
addition, 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
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 a walled and roofed building, including a gas or liquid storage
tank, that is principally above ground, as well as a manufactured home.


                                      212
         SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure
         whereby the cost of restoring the structure to its 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 "start of construction" of the
         improvement. This 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 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 - is a grant of relief to a person from the requirement of this ordinance
         when specific enforcement would result in unnecessary hardship. A variance,
         therefore, permits construction or development in a manner otherwise prohibited by
         this ordinance. (For full requirements see Section 60.6 of the National Flood
         Insurance Program regulations.)

         VIOLATION - means the failure of a structure or other development to be fully
         compliant with the community's floodplain management regulations. A structure or
         other development without the elevation certificate, other certifications, or other
         evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2),
         (e)(4), or (e)(5) 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 floodplains of coastal or river areas.

         (Amended: Ordinance No. 2008-02)

9.0806   Lands to Which this Ordinance Applies. This ordinance shall apply to all areas of
         special flood hazard within the jurisdiction of the City of Harrisburg, South Dakota.

         (Amended: Ordinance No. 2008-02)

9.0807   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, dated April
         2nd, 2008, with an accompanying Flood Insurance Rate Map (FIRM), is hereby adopted
         by reference and declared to be a part of this ordinance.



                                              213
         The FIRM panel numbers are 0153 B, 0154 B, 0161 B, and 0162 B. The Flood
         Insurance Study and FIRM are on file at Lincoln County GIS.

         (Amended: Ordinance No. 2008-02)

9.0808   Compliance. 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.

         (Amended: Ordinance No. 2008-02)

9.0809   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.

         (Amended: Ordinance No. 2008-02)

9.0810   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.

         (Amended: Ordinance No. 2008-02)

9.0811   Warning and Disclaimer of Liability. The degree of flood protection required by this
         ordinance is considered reasonable for regulatory purposes and is based on scientific
         and engineering considerations. Larger floods can and will occur on rare occasions.
         Flood heights may be increased by man-made or natural causes. This ordinance does
         not imply that land outside the areas of special flood hazard 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 of Harrisburg, any officer or employee of the City of
         Harrisburg, or the Federal Emergency Management Agency for any flood damages that
         result from reliance on this ordinance or any administrative decision lawfully made
         thereunder.

         (Amended: Ordinance No. 2008-02)

9.0812   Establishment of Development Permit. A development permit shall be obtained before
         construction or development begins within any area of special flood hazard established
         in Section 9.0807. A property receiving a Letter of Map Amendment or Letter of Map
         based upon fill must also obtain a development permit.

         Application for a development permit shall be made on forms furnished by the Flood
         Plain Administrator and may include, but not be limited to:


                                               214
              (1)   Plans in duplicate drawn to scale showing the nature, location, dimensions,
                    and elevations of the area in question; existing or proposed structures, fill,
                    storage of materials, drainage facilities; and the location of the foregoing.

              (2)   Where base flood elevations are utilized, all new construction, substantial
                    improvements and other development must comply with requirements of
                    Section 9.0814 (B), Use of Other Base Flood Data.

         (Amended: Ordinance No. 2008-02)

9.0813   Designation of the Flood Plain Administrator. The Flood Plain Administrator is hereby
         appointed to administer and implement this ordinance by granting or denying
         development permit applications in accordance with its provisions.

         (Amended: Ordinance No. 2008-02)

9.0814   Duties and Responsibilities of the Flood Plain Administrator. Duties of the Flood Plain
         Administrator shall include, but not be limited to:

         (Amended: Ordinance No. 2008-02)

         A.   Permit Review.

              (1)   Review all development permits to determine that the permit requirements
                    of this ordinance have been satisfied;

              (2)   Review all development permits to determine that all necessary permits
                    have been obtained from Federal, State, or local governmental agencies
                    from which prior approval is required.

              (3)   Review all development permits to determine if the proposed development
                    is located in the floodway. If located in the floodway, assure that the
                    encroachment provisions of Section 9.0819(1) are met.

         B.   Use of Other Base Flood Data. When base flood elevation data has not been
              provided in accordance with Section 9.0807, Basis for Establishing the Areas of
              Special Flood Hazard, the Flood Plain Administrator shall obtain, review, and
              reasonably utilize any base flood elevation and floodway data available from any
              Federal, State, or other source. Where base flood elevation data are utilized, all
              new construction, substantial improvements, or other development in Zone A are
              administered in accordance with Sections 9.0814(C), Information to be Obtained
              and Maintained and 9.0818, Specific Standards.

         C.   Information to be Obtained and Maintained.

              (1)   Obtain and record the actual elevation (in relation to mean sea level) of the
                    lowest floor (including basement) of all new or substantially improved
                    structures, and whether or not the structure contains a basement.

              (2)   For all new or substantially improved floodproofed structures:


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                       (i)    Verify and record the actual elevation (in relation to mean sea level) to
                              which the structure has been floodproofed.

                       (ii)   Maintain the floodproofing certifications required in Section 9.0812(3).

               (3)     Maintain for public inspection all records pertaining to the provisions of this
                       ordinance.

         D.    Alteration of Watercourses.

               (1)     Notify adjacent communities and the State of South Dakota office of
                       Emergency Management prior to any alteration or relocation of a
                       watercourse, and submit evidence of such notification to the Federal
                       Emergency Management Agency.

               (2)     Require that maintenance is provided within the altered or relocated portion
                       of said watercourse so that the flood-carrying capacity is not diminished.

         E.    Interpretation of FIRM Boundaries.

               Make interpretations, where needed, as to the exact location of the boundaries of
               the areas of special flood hazard (for example, where there appears to be a
               conflict between a mapped boundary and actual field conditions). The person
               contesting the location of the boundary shall be given a reasonable opportunity to
               appeal the interpretation as provided in Section 9.0815 - 9.0816.

         (Amended: Ordinance No. 2008-02)

9.0815   Appeal Board.

         (1)   The Appeal Board, as established by the City of Harrisburg, shall hear and decide
               appeals and request for variances from the requirements of this ordinance.

         (2)   The Appeal Board shall hear and decide appeals when it is alleged there is an
               error in any requirement, decision, or determination made by the Flood Plain
               Administrator in the enforcement or administration of this ordinance.

         (3)   Those aggrieved by the decision of the Appeal Board, or any taxpayer, may
               appeal such decisions to the court of competent jurisdiction.

         (4)   In passing upon such applications, the Appeal Board shall consider all technical
               evaluations, all relevant factors, standards specified in other sections of this
               ordinance, and:

               (i)     the danger that materials may be swept onto other lands to the injury of
                       others;

               (ii)    the danger to life and property due to flooding or erosion damage;

               (iii)   the susceptibility of the proposed facility and its contents to flood damage
                       and the effect of such damage on the individual owners;

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               (iv)   the importance of the services provided by the proposed facility to the
                      community;

               (v)    the necessity to the facility of a waterfront location, where applicable;

               (vi)   the availability of alternative locations for the proposed use which are not
                      subject to flooding or erosion damage;

               (vii) the compatibility of the proposed use with the existing and anticipated
                     development;

               (viii) the relationship of the proposed use to the comprehensive plan and
                      floodplain management program for that area;

               (ix)   the safety of access to the property in times of flood for ordinary and
                      emergency vehicles;

               (x)    the expected heights, velocity, duration, rate of rise and sediment transport
                      of the floodwaters and the effects of wave action, if applicable, expected at
                      the site; and,

               (xi) the costs of providing governmental services during and after flood
                    conditions, including maintenance and repair of public utilities and facilities
                    such as sewer, gas, electrical, and water systems, streets and bridges.

         (5)   Upon consideration of the factors of Section 9.0815(4) and the purposes of this
               ordinance, the Appeal Board may attach such conditions to the granting of
               variances as it deems necessary to further the purposes of this ordinance.

         (6)   The Flood Plain Administrator shall maintain the records of all appeal actions,
               including technical information, and report any variances to the Federal
               Emergency Management Agency and the SD Office of Emergency Management.

         (Amended: Ordinance No. 2008-02)

9.0816   Conditions for Variances.

         (1)   Generally, 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 items (i-xi) in Section 9.0815(4) have been fully considered. As
               the lot size increases beyond the one-half acre, the technical justifications
               required for issuing the variance increases.

         (2)   Variances may be issued for the reconstruction, rehabilitation or restoration of
               structures listed on the National Register of Historic Places or the State Inventory
               of Historic Places without regard to the procedures set forth in the remainder of
               this section.

         (3)   Variances shall not be issued within any designated floodway if any increase in
               flood levels during the base flood discharge would result.

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         (4)   Variances shall only be issued upon a determination that the variance is the
               minimum necessary, considering the flood hazard, to afford relief.

         (5)   Variances shall only be issued upon:

               (i)     a showing of 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
                       expenses, create nuisances, cause fraud on or victimization of the public as
                       identified in Section 9.0815(4) or conflict with existing local laws or
                       ordinances.

         (6)   Any applicant to whom a variance is granted shall be given written notice that the
               structure will be permitted to be built with a lowest floor below the base flood
               elevation and that the cost of flood insurance will be commensurate with the
               increased risk from the reduced lowest floor elevation.

         (Amended: Ordinance No. 2008-02)

9.0817   General Standards. In all areas of special flood hazard, the following standards are
         required:

         (Amended: Ordinance No. 2008-02)

         A.    Anchoring.

               (1)     All new construction and substantial improvements shall be anchored to
                       prevent flotation, collapse, or lateral movement of the structure and capable
                       of resisting the hydrostatic and hydrodynamic loads.

               (2)     All manufactured homes must be elevated and anchored to resist flotation,
                       collapse or lateral movement and capable of resisting the hydrostatic and
                       hydrodynamic loads. 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. Specific requirements may be:

                       (i)    over-the-top ties be provided at each of the four corners of the
                              manufactured home, with two additional ties per side at intermediate
                              locations, with manufactured homes less than 50 feet long requiring
                              one additional tie per side.

                       (ii)   frame ties be provided at each corner of the home with five additional
                              ties per side at intermediate points, with manufactured homes less
                              than 50 feet long requiring four additional ties per side;



                                                 218
                     (iii)   all components of the anchoring system be capable of carrying a force
                             of 4,800 pounds; and

                     (iv)    any additions to the manufactured home be similarly anchored.

         B.   Construction Materials and Methods.

              (1)    All new construction and substantial improvements shall be constructed with
                     materials and utility equipment resistant to flood damage.

              (2)    All new construction and substantial improvements shall be constructed
                     using methods and practices that minimize flood damage.

              (3)    All new construction and 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.

         C.   Utilities.

              (1)    All new and replacement water supply systems shall be designed to
                     minimize or eliminate infiltration of flood waters into the system;

              (2)    New and replacement sanitary sewage systems shall be designed to
                     minimize or eliminate infiltration of flood waters into the systems and
                     discharge from the systems into flood waters; and

              (3)    On-site waste disposal systems shall be located to avoid impairment to
                     them or contamination from them during flooding.

         D.   Subdivision Proposals.

              (1)    All subdivision proposals shall be consistent with the need to minimize flood
                     damage;

              (2)    All subdivision proposals shall have public utilities and facilities such as
                     sewer, gas, electrical, and water systems located and constructed to
                     minimize flood damage;

              (3)    All subdivision proposals shall have adequate drainage provided to reduce
                     exposure to flood damage; and

              (4)    Base flood elevation data shall be provided for subdivision proposals and
                     other proposed development which contain at least 50 lots or 5 acres
                     (whichever is less).

         (Amended: Ordinance No. 2008-02)

9.0818   Specific Standards. In all areas of special flood hazard where base flood elevation data
         has been provided as set forth in Section 9.0807, Basis for Establishing the Areas of

                                               219
Special Flood Hazard or Section 9.0814(B), Use of Other Base Flood Data, the
following provisions are required:

A.   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. Properties that have received a Letter of
     Map Amendment or Letter of Map Revision based upon fill must still have their
     lowest floor elevated to one foot above the base flood elevation.

B.   Nonresidential Construction. New construction and substantial improvement of
     any commercial, industrial or other nonresidential structure shall either have the
     lowest floor (including basement) elevated to one foot above the level of the base
     flood elevation; or, together with attendant utility and sanitary facilities, shall:

     (1)   be floodproofed so that below the base flood elevation the structure is
           watertight with walls substantially impermeable to the passage of water;

     (2)   have structural components capable of resisting hydrostatic and
           hydrodynamic loads and effects of buoyancy; and,

     (3)   be certified by a registered professional engineer or architect that the design
           and methods of construction are in accordance with accepted standards of
           practice for meeting the provisions of this paragraph. Such certifications
           shall be provided to the official as set forth in Section 9.0814(C)(2).

     (4)   Properties that have received a Letter of Map Amendment or Letter of Map
           Revision based upon fill must still have their lowest floor elevated or
           floodproofed to one foot above the base flood elevation.

C.   Openings in Enclosures Below the Lowest Floor. For all new construction and
     substantial improvements, fully enclosed areas below the lowest floor that are
     subject to flooding shall be designed to automatically equalize hydrostatic flood
     forces on exterior walls by allowing for the entry and exit of floodwaters. Designs
     for meeting this requirement must either be certified by a registered professional
     engineer or architect or must meet or exceed the following minimum criteria:

     (1)   A minimum of two openings having a total net area of not less than one
           square inch for every square foot of enclosed area subject to flooding shall
           be provided;

     (2)   The bottom of all openings shall be no higher than one foot above grade;

     (3)   Openings may be equipped with screens, louvers, or other coverings or
           devices provided that they permit the automatic entry and exit of
           floodwaters.

D.   Below-Grade Residential Crawlspace Construction. New construction and
     substantial improvement of any below-grade crawlspace shall:

     (1)   Have the interior grade elevation, that is below base flood elevation, no
           lower that two feet below the lowest adjacent grade;

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              (2)   Have the height of the below grade crawlspace measured from the interior
                    grade of the crawlspace to the top of the foundation wall, not exceed four
                    feet at any point;

              (3)   Have an adequate drainage system that allows floodwaters to drain from
                    the interior area of the crawlspace following a flood;

              (4)   Meet the provisions of Section 9.0817(A), Anchoring; 9.0817(B),
                    Construction Materials and Methods; and 9.0818(C), Openings in
                    Enclosures Below the Lowest Floor.

         E.   Manufactured Homes.

              (1)   Manufactured homes shall be anchored in accordance with Section
                    9.0817(A)(2).

              (2)   All manufactured homes or those to be substantially improved shall conform
                    to the following requirements:

                    (a)   Require that manufactured homes that are placed or substantially
                          improved on a site (i) outside of a manufactured home park or
                          subdivision, (ii) in a new manufactured home park or subdivision, (iii)
                          in an expansion to an existing manufactured home park or
                          subdivision, or (iv) in an existing manufactured home park or
                          subdivision on which a manufactured home has incurred "substantial
                          damage" as the result of a flood, be elevated on a permanent
                          foundation such that the lowest floor of the manufactured home is
                          elevated to or above the base flood elevation and be securely
                          anchored to an adequately anchored foundation system to resist
                          flotation, collapse and lateral movement.

                    (b)   Require that manufactured homes to be placed or substantially
                          improved on sites in existing manufactured home parks or
                          subdivisions that are not subject to the provisions in (a) above be
                          elevated so that either (i) the lowest floor of the manufactured home is
                          at or above the base flood elevation, or (ii) the manufactured home
                          chassis is supported by reinforced piers or other foundation elements
                          that are no less than 36 inches in height above grade and be securely
                          anchored to an adequately anchored foundation system to resist
                          flotation, collapse, and lateral movement.

         F.   Recreational Vehicles. Require that recreational vehicles either (i) be on the site
              for fewer than 180 consecutive days, (ii) be fully licensed and ready for highway
              use, or (iii) meet the permit requirements and elevation and anchoring
              requirements for manufactured homes.

         (Amended: Ordinance No. 2008-02)

9.0819   Floodways. Located within areas of special flood hazard established in Section 9.0807
         are areas designated as floodways. Since the floodway is an extremely hazardous


                                             221
area due to the velocity of flood waters which carry debris, potential projectiles, and
erosion potential, the following provisions apply:

(1)   Prohibit encroachments, including fill, new construction, substantial
      improvements, and other development unless certification by a registered
      professional engineer or architect is provided demonstrating that encroachments
      shall not result in any increase in flood levels during the occurrence of the base
      flood discharge.

(2)   If Section 9.0819(1) is satisfied, all new construction and substantial
      improvements shall comply with all applicable flood hazard reduction provisions of
      Section 9.0817 - 9.0819.

(Amended: Ordinance No. 2008-02)




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                      TITLE 10 - UTILITY FRANCHISES

          Chapter 10.01 - Cable Services
          Chapter 10.02 - Electricity
          Chapter 10.03 - Natural Gas

CHAPTER 10.01 - CABLE SERVICES
10.0101    Short Title. This ordinance shall be known and may be cited as the Harrisburg Cable
           Services Ordinance (“Ordinance”).

           (Amended: Ordinance No. 2009-12)

10.0102    Definitions. For the purpose of this Ordinance, the following terms, phrases, words,
           and their derivations shall have the meaning given herein. When not inconsistent
           with the context, words used in present tense include the future, words in the plural
           number include the singular number, and words in the singular number include the
           plural number. The word "shall" is always mandatory and not merely directory.

           1.    “Basic Cable Service" means any service tier which includes the retransmission
                 of local television broadcast signals, as provided in the Cable Act.

           2.    "Cable Act" means the Cable Communications Policy Act of 1984, Pub. L. No.
                 98-549, (codified at 47 U.S.C. §§ 521 et. seq. (1982 & Supp. V. 1987)) as
                 amended by the Cable Television Consumer Protection and Competition Act of
                 1992, Pub. L. No. 102-385, and the Telecommunications Act of 1996, Pub. L.
                 No. 104-104, as it may, from time to time, be amended.

           3.    "Cable Service"has the same meaning as in the Cable Act.

           4.    “Cable System" has the same meaning as in the Cable Act.

           5.    “Channel" has the same meaning as in the Cable Act.

           6.    "City" means the City of Harrisburg, South Dakota.

           7.    “City Council" means the mayor and the council members of Harrisburg, South
                 Dakota.

           8.    "County" means Lincoln County, South Dakota.

           9.    “Demarcation” means a point that is 12 inches on the subscriber's side of the
                 protector, or the equivalent thereof in cases where a protector is not

           10.   "Drop" means the cable that connects the subscriber ground block or other
                 point of demarcation to the nearest feeder cable of the system.




                                              223
11.   "FCC" means Federal Communications Commission, its designee, or any
      successor thereto.

12.   "Franchise" means the initial authorization, or renewal thereof, issued by the
      franchising authority, whether such authorization is designated as a franchise,
      permit, license resolution, contract, certificate, or otherwise, which authorizes
      construction and operation of a Cable System for the purpose of offering Cable
      Service or other service to subscribers.

13.   “Franchise Fee" means any tax, fee, or assessment of any kind imposed by the
      City on the Grantee or Grantee's subscriber, or both, solely because of their
      status as a cable operator, cable subscriber, or cable user.

14.   "Grantee" means the Person agreeing to be bound by the terms of this
      Franchise ordinance, its contractors/subcontractors, agents, assigns or its
      successor in accordance with the provisions of this Franchise.

15.   "Gross Revenues" shall mean all revenue received from Cable Service directly
      by the Grantee from the Operation of a Cable System within the City, including
      but not limited to Basic Cable Service, Premium Cable Service and Other
      Services, The term "Gross Revenues" shall not include installation fees,
      diconnection fees, reconnection fees, upgrade or downgrade service fees, fees
      for telecommunications services, if any, fees for the sale of or serviceing of
      equipment, Franchise Fees, advertising revenues, late fees, any fees itemized
      and passed through as a result of Franchise imposed requirements or any
      taxes or fees on services furnished by Grantee imposed directly on any
      Subscriber or user by any municipality, state or other governmental unit and
      collected by Grantee for such governmental unit.

16.   "Person" means any individual person, firm, partnership, association,
      corporation or organization of any kind, and any other legally recognized entity.

17.   “Premium Cable Service” means the delivery over a Cable System of pay-per-
      channel audio-visual signals to Subscribers, including rental of equipment used
      specifically for the receipt of such programming, for a fee or charge, in addition
      to the charge for Basic Cable Services or Cable Services.

18.   "Public Way" means the surface of, and the space above and below, any public
      street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk,
      parkway, way, lane, public way, drive, circle, or other public right-of-way,
      including, but not limited to, public utility easements, dedicated utility strips, or
      rights-of-way dedicated for compatible uses and any temporary or permanent
      fixtures or improvements located thereon now or hereafter held by the City in
      the Service Area which shall entitle the City and the Grantee to the use thereof
      for the purpose of installing, operating, repairing, and maintaining the Cable
      System. Public way shall also mean any easement now or hereafter held by
      the City within the Service Area for the purpose of public travel, or for utility or
      public service use dedicated for compatible uses, and shall include other
      easements or rights-of-way as shall within their proper use and meaning entitle
      the City and the Grantee to the use thereof for the purposes of installing or
      transmitting the Grantee's Cable Service or other service over poles, wires,

                                     224
                cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances,
                attachments, and other property as may be ordinarily necessary and pertinent
                to the Cable System.

          19.   “Other Cable Service” means the delivery over the System of pay-per-program
                or pay-per-view audio-visual signals or any other type of Video Programming
                other than Basic Cable Service and Premium Cable Service to Subscribers,
                including rental of equipment used for the receipt of such programming, for a
                fee or charge, in addition to the charge for Basic Cable Service, Cable Service,
                and/or Premium Cable Service.

          20.   “School District” means the Harrisburg School District 41-5.

          21.   "Service Area" means the present municipal boundaries of the City, and shall
                include any additions thereto by annexation or other legal means.

          22.   "Subscriber" means any member of the general public who receives Cable
                Service distributed by a Cable System and does not further distribute it.

          23.   "Video Programming”has the same meaning as in the Cable Act.

          (Amended: Ordinance No. 2009-12)

10.0103   Qualifications of Grantee and Grant of Non-Exclusive Authority.

          1.    The City hereby grants to the Grantee a nonexclusive Franchise, right and
                privilege to construct, erect, operate, modify and maintain, in, upon, along,
                across, above and over and under all Public Ways and all future extensions
                thereof, and additions thereto, within in the City using poles, wires, cables,
                underground conduits, manholes and other television conductors and fixtures
                necessary for the maintenance and operation in the City of a Cable System for
                the purpose of providing Cable Service, Video Programming and other
                electronic impulses, in order to furnish television and radio programs, and
                various communications and other electronic services to the public, provided
                that all operable permits are applied for and granted, all fees paid and all other
                City codes and ordinances are otherwise complied with in a manner acceptable
                to the City. The right so granted includes the right to use and occupy said
                Public Ways, public places, and easements for the purposes herein set forth.

          2.    The City specifically reserves the right to grant, at any time, additional
                Franchises for a system in accordance with City, state and federal law.

          (Amended: Ordinance No. 2009-12)

10.0104   Duration and Acceptance of Franchise. This Franchise shall commence on the
          effective date of the signed acceptance of this Ordinance by the Grantee and shall
          expire ten (10) years thereafter unless renewed, revoked, or terminated sooner as
          herein provided.

          (Amended: Ordinance No. 2009-12)


                                               225
10.0105   Compliance with Applicable Laws, Regulations, Ordinances and Codes.

          1.   Except in those areas which have been preempted by the Cable Act, or any
               other applicable federal or state law, the Grantee shall be subject to the police
               powers of the City to adapt and enforce ordinances necessary to the health,
               safety, and welfare of the public.

          2.   All facilities and equipment of the Grantee shall be constructed and maintained
               to the premise demarcation point in accordance with the provisions of the
               National Electrical Safety Code, prepared by the National Bureau of Standards.
               All facilities and equipment of the Grantee from the demarcation point to
               customer premise equipment shall be constructed and maintained in
               accordance with the provisions of the National Electrical Code of the National
               Board of Fire Underwriters, and other national, state or City electrical or
               construction codes which may be in effect.

          (Amended: Ordinance No. 2009-12)

10.0106   Territorial Area Involved. This Franchise relates to the present territorial limits of the
          City and to any area added to the City during the term of this Franchise.

          (Amended: Ordinance No. 2009-12)

10.0107   Liability and Indemnification.

          1.   Grantee shall maintain the following types of insurance with a company,
               authorized to do business as an insurance producer in the State of South
               Dakota with a rating by Best of not less than "A."

               a.    Worker's compensation upon its employees with statutory limits of the
                     worker's compensation laws of the State of South Dakota and Coverage
                     B employer's liability covering operations of the individual/group/business
                     and its consultants/subcontractors. This shall include “Other States
                     Insurance” so as to include all states not named on the “declarations”
                     page of the insurance policy, but excepting monopolistic state funds
                     states. The available limits for Coverage B, employer’s liability shall be
                     not less than $1,000,000 each accident, $1,000,000 disease policy limits.

               b.    Commercial general liability (CGL) insurance providing coverage not less
                     than that of the standard commercial general liability insurance policy
                     (“occurrence form”) for operations of the individual/group/business or its
                     consultants/subcontractors. If the “occurrence form” is not available,
                     “claims made” coverage shall be maintained for three years after final
                     completion and acceptance of the project by the City. The policy shall
                     include contractual personal injury, bodily injury, and property damage
                     liability coverages with total available limits not less than $1,000,000 per
                     occurrence, not less than $2,000,000 general aggregate, $2,000,000
                     aggregate products and completed operations. The CGL insurance
                     policy shall name the City and its duly authorized representatives as an
                     additional insured. The City shall be provided with a copy of the
                     certificate of insurance and policy endorsement prior to the effective date
                     of this ordinance.

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     c.    Automobile liability insurance covering all owned, non-owned, and hired
           automobiles, trucks, and trailers. Such insurance shall provide coverage
           at least as broad as that found in the standard comprehensive automobile
           liability policy with limits of not less than $1,000,000 combined single limit
           each occurrence.

2.   Grantee shall indemnify, defend, and hold harmless the City from and against
     losses and physical damage to property and bodily injury or death to persons,
     including payments made under the Worker’s Compensation law which may be
     caused by the erection, maintenance, use or removal of any of Grantee’s
     attachments, poles, or other undertakings, within the City, or by any action of
     Grantee, its agents or employees, provided the Grantee shall not have any
     liability or duty to defend arising out of any claim, demand, cause of action, or
     proceeding resulting from the negligence or willful misconduct of the City, the
     City Council, or any officers, agents, employee, or commission of the City.

3.   Grantee shall carry insurance in the above described amounts to protect the
     parties hereto from and against all claims, demands, actions, suits, judgments,
     costs, expenses and liabilities which may arise or result, directly or indirectly,
     from or by reason of such loss, injury or damage. The City shall give the
     Grantee prompt written notice of any such claims, demands, actions, suits,
     judgments, costs, expenses or liabilities.

4.   All insurance required shall be in full force and effect, and remain so, for the
     entire life of this Franchise. Said policy or policies of insurance, or a certificate
     of insurance thereof, shall be provided to the City prior to the effective date of
     this ordinance, and then deposited with and kept on file by the City. The City
     shall be notified at least 30 days prior to expiration or cancellation of any such
     insurance policy.

5.   All subcontractors of Grantee working in the City's right-of-way shall be
     bonded.
6.   In addition, Grantee shall indemnify, defend, and hold harmless the City for all
     damages and penalties at all times during the term of this Franchise, as a
     result of the legal process followed and conducted by the City for granting this
     Franchise, or Grantee's conduct or performance under this Franchise. These
     damages and penalties shall include, but shall not be limited to, damages
     arising out of personal injury, property damage, copyright infringement,
     defamation, anti-trust, errors and omissions, theft, fire, and all other damages
     arising out of Grantee's exercise of this Franchise, whether or not any act or
     omission complained of is authorized, allowed or prohibited by this Franchise;
     such indemnification shall include, but not be limited to, reasonable attorneys'
     fees and costs.
7.   If, in the opinion of the City, the interests of the City cannot reasonably be
     represented in good faith by the Grantee, the Grantee shall pay all expenses
     incurred by the City in defending itself, including all reasonable out-of-pocket
     expenses, including attorneys' fees and costs.

(Amended: Ordinance No. 2009-12)


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10.0108   System Design. Grantee shall construct a Cable System as follows:

          1.   The system shall be of the type generally referred to as “single trunk, single
               feeder” wherein the trunk cable shall carry signals in the minimum frequency
               range of 5-750 MHz. The system shall provide the capability of distribution of
               multiple Channels of Video Programming.

          2.   The system shall have the capability of providing video, voice, and data
               services.

          3.   Grantee shall provide status monitoring of all power supplies at the node sites.
               This will be completed by the end of the first year of this Franchise agreement.

          4.   Within 18 months of the effective date of this Franchise, Grantee's Cable
               System shall be fully capable of two-way addressable operation at the
               subscriber's receivers and from Grantee's customer service and head end
               facilities on at least one Channel.

          5.   Any system improvements shall be designed, constructed, and operated to
               meet the technical standards promulgated by the FCC.

          6.   The system shall be capable of interconnecting with other able Systems within
               and adjacent to the City.

          (Amended: Ordinance No. 2009-12)

10.0109   Operation and Maintenance of System.

          1.   The Grantee shall render safe and efficient service, make repairs promptly, and
               interrupt service only for good cause and for the shortest possible time. Such
               interruptions, insofar as possible, shall be preceded by notice and shall occur
               during periods of minimum use of the system.

          2.   The Grantee shall maintain a force of sufficient employees to provide safe,
               adequate and prompt service for its facilities.

          3.   Service shall be provided in compliance with all consumer protection and
               customer service regulations governed by the Cable Act, as amended from
               time to time.

          (Amended: Ordinance No. 2009-12)

10.0110   Continuity of Service Mandatory.

          1.   All Subscribers shall have the right to continue to receive service, insofar as
               such Subscribers comply with the financial and policy obligations owed to
               Grantee. If Grantee elects to overbuild, rebuild, modify, or sell the system, or
               the City gives notice of intent to terminate or fails to renew this Franchise,
               Grantee shall act so as to ensure that all Subscribers receive continuous,
               uninterrupted service. If Grantee fails to provide such service, the City may do
               so.

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          2.    If the Franchisee is changed, or if a new operator acquires the system,
                Grantee shall cooperate with the City, new Franchisee, or operator in
                maintaining service to all Subscribers. During such period Grantee shall be
                entitled to the revenues for any period during which it operates the system,
                and shall be entitled to reasonable costs for its services when it no longer
                operates the system.

          3.    If the Grantee fails, for reasons not beyond its control, to operate the system
                for ten consecutive days without prior approval of the City, the City may, at its
                option, operate the system or designate an operator until such time as
                Grantee restores service under conditions acceptable to the City or a
                permanent operator is selected. If the City is required to fulfill this obligation
                for Grantee, the City shall receive the revenue from the system's operation,
                and the Grantee shall reimburse the City for all reasonable costs or damages
                in excess of revenues from the system received by the City during its period
                of operation that is the result of Grantee's failure to perform.

          4.    Nothing in this ordinance shall be construed to be a waiver by Grantee of its
                constitutional or statutory rights under federal or state law.

          (Amended: Ordinance No. 2009-12)

10.0111   Subscriber Privacy. The Grantee shall comply with all federal subscriber privacy
          laws, including information relating to signals from any cable communications
          Channel to a Subscriber terminal for purposes of monitoring individual viewing
          patterns, data or information gathered by monitoring transmission of a signal from a
          Subscriber terminal, and electronic sweeps of the system. The Grantee will comply
          with Section 631 of the Cable Act.

          (Amended: Ordinance No. 2009-12)

10.0112   Emergency Use of Facilities. In the case of any emergency or disaster, including
          weather emergencies, the Grantee shall, upon request of the governing body of the
          City or an appropriate law enforcement or civil defense authority, make available its
          facilities to the City, local law enforcement official, or civil defense authorities during
          any emergency or disaster.

          (Amended: Ordinance No. 2009-12)

10.0113   Safety Requirements. The Grantee shall at all times employ ordinary care and shall
          install and maintain commonly accepted methods and devices for preventing failures
          and accidents which are likely to cause damages, injuries, or nuisances to the public.

          (Amended: Ordinance No. 2009-12)

10.0114   Conditions.

          1.    All transmission and distribution structures, lines, and equipment erected by the
                Grantee within the City shall be installed in accordance with the provisions of
                the National Electrical Safety Code (NESC) prepared by the Bureau of
                Standards and so located as to cause minimum interference with the proper

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     use of Public Ways and places, and to cause minimum interference with the
     rights and reasonable convenience of property owners who join any Public
     Ways and places, and poles, towers, and any other structures, lines, or
     equipment shall be removed by Grantee whenever in the opinion of the City
     Engineer, they restrict or obstruct the operation or location of any facility.

2.   All transmission and distribution structures, lines and equipment erected by the
     Grantee within the City shall be located, erected and maintained so as not to
     endanger or interfere with the lives of persons or to interfere with any
     installations of the City or of a public utility serving the City, or to interfere with
     new improvements the City may deem proper to make.

3.   In the maintenance and operation of their transmission and distribution system
     in the Public Way, and in the course of any new construction or addition to their
     facilities. Grantee shall proceed so as to cause the least possible
     inconvenience to the general public. Any opening or obstruction in the streets
     or other public places made by Grantee in the course of their operations shall
     be guarded and protected at all times by the placement of adequate barriers,
     fences, or boardings, the bounds of which, during periods of dusk and
     darkness, shall be clearly designated by warning lights.

4.   No excavations of any type shall be performed or caused to be performed
     without prior written authorization from the City Engineer. The City may require
     all or any part of the installation to be buried underground in instances or areas
     where other public utilities are required to be located underground.

5.   If the business of Grantee necessitates the opening, breaking or tearing up of a
     portion of a Public Way or other part of any City-owned or City-controlled
     property, such act of opening, breaking up or tearing up of the property shall, at
     the option of the City be performed by the City prior to the performance of
     Grantee’s work by Grantee. If the City does not exercise it’s option, in the case
     of a disturbance of any Public Way, the Grantee shall, at its own cost and
     expense and in a manner approved by the City Engineer, replace and restore
     such Public Way to the same or substantially the same condition as the Public
     Way was prior to such disturbance. In such instances, Grantee shall save the
     City harmless against all loss or damage to any Person or property in
     accordance with the provisions of Section VII hereof.

6.   If at any time during the period of this Franchise the City shall lawfully elect to
     alter or change the grade of any Public Way, the Grantee shall, upon 30 days
     prior notice by the City, remove, relay, and/or relocate its poles, wires, cables,
     underground conduits, manholes and/or other fixtures, as applicable, at
     Grantee’s sole cost and expense.

7.   All installations of equipment shall be of permanent nature, durable, and
     installed in accordance with good engineering practices, and of sufficient height
     to comply with all existing City regulations, ordinances, and state laws so as not
     to interfere in any manner with the right of the public or individual property
     owner, and any equipment installed in a Public Way or place shall not interfere
     with the usual travel on such Public Way or usual use of such public place by

                                     230
      the public and during the construction, repair, or removal thereof, shall not
      obstruct or impede traffic.

8.    The Grantee shall, at the request of any Person holding a building moving
      permit issued by the City, temporarily raise or lower its wires to permit the
      moving of buildings. The expense of such temporary removal or raising or
      lowering of wires shall be paid by the Person requesting it, and the Grantee
      may require such payment in advance. The Grantee shall be given not less
      than ten (10) days advance written notice of such action.

9.    The Grantee may trim trees upon the overhanging Public Ways and places of
      the City so as to prevent the branches of such trees from coming in contact
      with the wires and cables of the Grantee, except that at the option of the City,
      such trimming may be performed by the City or under the City’s supervision
      and direction, at the expense of Grantee.
10.   In all sections of the City where cables, wires or other like facilities of public
      utilities are maintained underground, the Grantee shall bury and maintain its
      wires, cables or other like facilities underground to the maximum extent that
      existing technology reasonably permits the Grantee to do so. Underground
      lines shall be placed at depths consistent with the provisions of the National
      Electrical Safety Code prepared by the National Bureau of Standards. The
      Grantee shall be responsible for all costs associated with damage to any line
      which has been installed at a depth less or more than that required. If the
      ground is frozen, saturated or otherwise unable to facilitate an underground
      installation and underground installation is required, the installation shall be
      performed on a temporary basis in compliance with state and federal rules. As
      soon as conditions change to permit proper underground installation of the
      facilities, the Grantee shall install the facilities no later than 30 days after such
      conditions have changed to allow the installation.

11.   The Grantee shall not allow its Cable Service or other operations to interfere
      with television and radio reception of persons not served by the Grantee.

12.   Grantee shall, at its sole and exclusive expense, protect, support, temporarily
      disconnect, relocate on the same Public Way or public place, or remove from
      the Public Way or public place, any property of Grantee when required by the
      City by reason of traffic conditions, public safety, street vacation, freeway and
      street-construction, change or establishment of street grade, installation of
      sewers, drains, water pipes, power lines, signal lines, and tracks or any other
      types of structures or improvements by governmental agencies when acting in
      a governmental or proprietary capacity, or other structure of public
      improvement, provided, however, that Grantee may abandon any property of
      Grantee in place as hereinafter provided.

13.   If the use of any part of the system is discontinued for any reason for a
      continuous period of twelve months, or if the system or property has been
      installed in any Public Way or public place without complying with the
      requirements of this ordinance, or the rights granted hereunder have been
      terminated, cancelled or have expired, Grantee shall promptly remove from the
      Public Way, or public places all such property and poles of such system other

                                     231
                than any which the City, may permit to be abandoned in place. In the event of
                such removal, Grantee shall promptly restore the Public Way or other area from
                which such property has been removed to a condition the City.

          14.   Any property of Grantee to be abandoned in place shall be abandoned in such
                a manner as the City may prescribe. Upon permanent abandonment of the
                property of Grantee in place, it shall submit to the City an instrument to be
                approved by the City, transferring to the City the ownership of such property.

          (Amended: Ordinance No. 2009-12)

10.0115   Removal of Facilities.

          1.    Upon termination of service to any Subscriber, the Grantee shall promptly
                remove all of its aerial drops and other equipment from the premises of such
                Subscriber upon request. Underground drops shall remain buried.

          2.    Upon revocation or expiration of this Franchise, the City may request the
                removal of the Grantee's aerial equipment and facilities. Such removal shall be
                at the sole and exclusive expense of the Grantee. Any disturbance to City
                property during such removal process shall be restored to its original condition
                in so far as may be reasonably practicable for the situation. The City reserves
                the right to inspect and approve the condition of its property after such removal.
                Underground facilities shall remain buried.

          (Amended: Ordinance No. 2009-12)

10.0116   Transfer or Sale of Franchise.

          1.    This Franchise and the rights granted under this Ordinance may not be sold,
                assigned, or transferred by the Grantee either in whole or in part, or leased or
                sublet in any manner, nor shall title thereto, either legal or equitable, or any
                rights, interest, or property therein, pass to or vest in any Person without the
                consent of the City.

          2.    The Grantee shall provide written notice to the City of any proposed sale,
                assignment, or transfer. Within 120 days of receipt of such notice, and
                following a public hearing, within ten days after the public hearing, the City
                shall approve or deny the sale, assignment, or transfer.

          3.    The City reserves the right of first refusal of any offer to purchase the system in
                favor of the City purchasing the system under substantially the same terms and
                conditions as the offer.
          4.    If a renewal or extension of the Grantee's Franchise is denied or the Franchise
                is lawfully terminated, and the City either lawfully acquires ownership of the
                Cable System or by its actions lawfully affects a transfer of ownership of the
                Cable System to another party, any such acquisition or transfer shall be on the
                terms set forth in 47 U.S.C.§ 547.

          5.    If the Franchise is revoked, the Grantee may request and the City shall give
                Grantee in its sole discretion, a reasonable opportunity to effectuate a transfer

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               of its Cable System to a qualified third party. During such period, the Grantee
               may continue to operate pursuant to the terms of its prior Franchise. However,
               in no event shall such authorization exceed a period greater than 120 days
               from the effective date of such revocation. If, at the end of that time, the
               Grantee is unsuccessful in procuring a qualified transferee or assignee of its
               Cable System which is acceptable to the City, the Grantee and the City may
               avail themselves of any rights they may have pursuant to federal or state law.
               The Grantee's continued operation of its Cable System during the 120 day
               period shall not be deemed to be a waiver, nor an extinguishment of, any rights
               of either the City or the Grantee.

          (Amended: Ordinance No. 2009-12)

10.0117   Payment to the City.

          1.   During the term of this Franchise and so long as Grantee or its successors or
               assigns operate the Cable System, commencing from the effective date of this
               ordinance, Grantee shall pay to the City the sum of five (5) percent of the total
               annual Gross Revenue. The Franchise Fee shall be payable monthly or
               quarterly, upon the written notice of such election by Grantee, within thirty (30)
               days of the expiration of the preceding month. A brief report shall accompany
               the payment showing the basis for the computation of the amount paid in a
               manner described in Appendix A.

          2.   Such payments by Grantee to City shall be in lieu of any occupation tax,
               license tax, or similar levy, and shall be paid annually. Nothing herein
               contained, however, shall in any way relieve Grantee or its assigns or
               successors from the obligation of paying property taxes to the City, or any
               other governmental subdivision of the State of South Dakota or any other
               taxes lawfully levied by the State of South Dakota on the operation of the
               Grantee. Such payment also does not affect the responsibility of Grantee to
               collect state and local sales tax on the service provided.

          3.   The City may, at its request, audit or inspect the books and records of Grantee
               related to gross revenue, as defined herein, up to seven years prior to the date
               of the request. In the event any such audit or inspection by the City determines
               that the Grantee's obligations to the City were under-reported by more than five
               percent, the cost of such audit or inspection shall be paid by Grantee.

          4.   No acceptance of any payment shall be construed as an accord that the
               amount paid is, in fact, the correct amount, nor shall any such acceptance of
               payment be construed as a release of any claim the City may have for further
               or additional sums payable under the provisions of this Franchise. All amounts
               paid shall be subject to audit and recomputation by the City.

          5.   If a payment is not made by the due date, interest on the amount due shall
               accrue from such date at an annual rate of 12 percent.

          (Amended: Ordinance No. 2009-12)

10.0118   Erection, Removal and Common Use of Pole

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1.   No poles or other wire-holding structures shall be erected by the Grantee
     without prior approval of the City Engineer with regard to locations, height,
     type or any other pertinent aspect. However, no locations of any pole or wire
     holding structure of the Grantee shall be a vested interest and such poles or
     structures shall be removed or modified by the Grantee at its own expense
     whenever the Council determines that the public convenience would be
     enhanced thereby.

2.   There is hereby granted to the extent that the City is authorized to so do; the
     right and authority to Grantee to lease, rent, or in any other manner obtain the
     use of towers, poles, lines, cables, and other equipment and facilities from the
     City any and all holders of public licenses and Franchises within the corporate
     limits of the City of Harrisburg, including Qwest Communications, Inc. (and
     any affiliates thereto), Xcel Energy and Southeastern Electric, to use such
     towers, poles, lines, cables and other equipment and facilities, with the
     exception of the City street light poles, subject to all existing and future
     ordinances and regulations of the City. It is the stated intention of the City
     that all other holders of public licenses and Franchises within the corporate
     limits of the City shall cooperate with Grantee to allow Grantee's joint usage
     of their poles and pole-line facilities whenever possible or wherever such
     usage does not interfere with the normal operation of said poles and pole-
     lines so that a number of new or additional poles constructed by Grantee
     within the City may be minimized.
3.   Grantee hereby grants to the City, free of expense, joint use of any and all
     poles owned by them for any proper municipal purpose acceptable to Grantee,
     insofar as it may be done without interfering with the free use and enjoyment of
     Grantee's own wires and fixtures, and the City shall hold Grantee harmless
     from any and all actions, causes of action, or damages caused by the placing
     of the City's wires or appurtenances upon the poles of Grantee. Proper regard
     shall be given to all existing safety rules covering construction and
     maintenance in effect at the time of construction. If, in accommodating the
     City's joint use of their poles, Grantee is required to change or replace poles or
     install new poles, the City shall compensate Grantee for such additional
     expense.

4.   Where a public utility serving the City desires to make use of poles or other
     wire-holding structures of the Grantee but agreements therefore with the
     Grantee cannot be reached, the Council may require the Grantee to permit
     such use for such consideration and upon such terms as the Council
     determines the use would enhance the public convenience and would not
     unduly interfere with the Grantee's operation.

5.   To the extent the State of South Dakota does not regulate the rates, terms,
     and conditions of pole attachments pursuant to federal law, the City shall
     follow the FCC's rate-setting formula and pole attachment regulations and
     decisions to resolve any dispute concerning the use of Grantee's poles or
     underground conduit by a public utility. Notwithstanding the foregoing,
     nothing in this ordinance shall be construed to be a waiver by Grantee of its
     constitutional or statutory rights under federal or state law.


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          (Amended: Ordinance No. 2009-12)

10.0119   Rates.

          1.   Grantee shall at all times maintain on file with the City Finance Director a
               schedule setting forth all rates and changes to be made to Subscribers for
               Basic Cable Service, including installation charges.

          2.   Grantee shall not discriminate in rates between customers of the same
               category except to the extent permitted by federal or state law.

          3.   Grantee's rates for Basic Cable Service shall be subject to regulation by the
               FCC and/or the City as provided for in the Cable Act and implementing
               regulations.

          (Amended: Ordinance No. 2009-12)

10.0120   Performance Evaluation.

          1.   Within 60 days of the second and fourth anniversaries of the effective date of
               this Franchise, the governing body of the City, as part of a regularly scheduled
               meeting, and upon notice to the public, may hold a hearing to evaluate the
               performance of the Grantee. Topics may include, but are not limited to,
               applications of new technology, system performance, services provided,
               complaints, privacy issues, and Franchise modification.

          2.   Grantee shall fully cooperate with the City regarding this evaluation. Grantee
               will at its expense provide such information, data, and documents as the City
               may reasonably request in connection with the evaluation.

          3.   If the City reasonably determines that evidence exists of inadequate Cable
               System performance, it may require Grantee to perform tests and analyses as
               necessary, directed toward the identified or suspected inadequacies. The
               costs of such tests and analyses shall be borne by the Grantee if said tests and
               analyses determine that the inadequate Cable System performance alleged by
               the City, in fact, exists. The Grantee shall fully cooperate with the City in the
               performance of any tests. Results of the tests may include, but are not limited
               to the following:

               a.   Identification and qualifications of the Person performing the tests.

               b.   The nature of the identified or suspected inadequacy which precipitated
                    the test.

               c.   What system components were tested.

               d.   The equipment used and procedures employed in testing.

               e.   The results, and our analyses and interpretation of the results of the tests.




                                             235
               f.    The method, if any, by which any identified system inadequacy has been,
                     or will be rectified.

               g.    Recommendations, if any, for additional action.

               h.    Any other information pertinent to the tests and analyses which may, be
                     required or is useful.

          (Amended: Ordinance No. 2009-12)

10.0121   Complaint Procedures.

          1.   The Grantee shall maintain a customer service facility which Subscribers may
               telephone during regular business hours to report complaints. Complaints
               regarding the quality of service, equipment malfunctions and similar matters
               shall first be directed to this service facility. Should Grantee fail to satisfy a
               complaint, it may then be directed to the City Finance Officer for investigation.
               In response to a complaint, Grantee shall be afforded a reasonable opportunity
               to present written statements of its position. The City Finance Officer shall
               attempt to resolve the complaints but, if this cannot be achieved, he shall
               submit a recommendation to the City Council, recommending that: (l) the
               complaint be dismissed, or (2) corrective action be taken by Grantee. Appeal
               from the Commission's action may be made to the appropriate judicial or
               administrative forum.

          2.   As notice of the complaint procedure described in subsection 1, the following
               information will be distributed in printed form to all new Subscribers at the time
               of installation:

               Pursuant to Section 76.607 FCC Rules, all Subscribers are hereby notified that Service
               Complaints regarding the quality of service, equipment malfunctions and similar
               matters shall first be directed to Grantee’s Customer Service facility. If the Service
               Complaint is not resolved in a reasonable length of time it shall then be directed to the
               office of the City Finance Officer at the City , and shall be processed in accordance
               with Section XXI of the above-referenced ordinance.

          3.   Notwithstanding the foregoing, Grantee shall comply with all applicable rules of
               the FCC with regard to complaint procedures and customer service standards
               including any required modifications of the complaint procedures or notice to
               Subscribers, as may from time to time be needed to conform such notice and
               procedures to the FCC rules.

          (Amended: Ordinance No. 2009-12)

10.0122   City Police Powers. Grantee's rights under this Franchise are subject to the police
          powers of the City to, adopt and enforce ordinances necessary for the health, safety,
          and welfare of the public subject to federal and state law.

          (Amended: Ordinance No. 2009-12)

10.0123   Separability.

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          1.    If any section, subsection, sentence, clause, phrase or portion of this
                Ordinance is for any reason held invalid or unconstitutional by any court of
                competent jurisdiction, such portion shall be deemed a separate, distinct and
                independent provision and such holding shall not affect the validity of the
                remaining portions hereof.

          2.    Should any provision of this Franchise be inconsistent or at variance with any
                rule, regulation or policy, in whole or in part, of the Federal Communications
                Commission or any other agency having jurisdiction, such provision shall be
                invalid, but the remaining provisions hereof shall not be affected thereby.

          (Amended: Ordinance No. 2009-12)

10.0124   Notice Requirements. All notices, reports, or demands required by this Franchise
          shall be given in writing. All notices to the City shall be to the City Finance Officer.
          All notices to the Grantee shall be to its general manager.

          (Amended: Ordinance No. 2009-12)

10.0125   Cost to City.

          1.    Grantee shall reimburse the City for all incidental expenses incurred by it in
                connection with the publications required for adoption of this ordinance and the
                rights granted to Grantee hereunder. Such payment shall be made by Grantee
                to City within thirty days after City shall furnish Grantee with a written statement
                of such expense.

          2.    The Grantee shall assume the cost of publication of this Franchise as such
                publication is required by law and such is payable upon the Grantee's filing of
                acceptance of this Franchise.

          (Amended: Ordinance No. 2009-12)

10.0126   Ordinances Repealed. All ordinances or parts of ordinances in conflict with the
          provisions of this ordinance are hereby repealed. This ordinance repeals and
          supersedes ordinance 2004-15.

          (Amended: Ordinance No. 2009-12)

10.0127   Cost Defined. It is understood that only the Franchise Fee shall constitute the
          Franchise Fee. Any payments made or costs incurred in the provision of other
          services required by this Franchise shall not be considered part of the Franchise
          Fee.

          (Amended: Ordinance No. 2009-12)

10.0128   Reopeners. It being recognized that the cable television industry is undergoing
          significant changes in the law, communications technology, services, and
          competition; because these changes over the term of Grantee's Franchise are not
          entirely predictable at the present time, Grantee and the City agree to negotiate in



                                               237
          good faith modifications to Grantee's Franchise to the extent necessary to allow the
          City and the Grantee to benefit from such changes.

          (Amended: Ordinance No. 2009-12)

10.0129   Required Services.

          1.   The Grantee shall provide the following services to public institutions:

               a.    The Grantee shall provide Basic Cable Service to all public elementary,
                     secondary, post high, and support locations within the City one junction
                     terminal at each building for educational purposes upon request by the
                     City or the school system and at no extra cost to it or to the City or the
                     school system. This shall mean only an energized cable to such
                     buildings. The cost of any internal wiring shall be borne by the institution.

               b.    Grantee shall also provide the City, for Basic Cable Service to all City
                     owned buildings in the City, without charge, one junction terminal to each
                     building at a location therein to be selected by the City.

               c.    Grantee shall, also provide the County, for Basic Cable Service to all
                     County-owned buildings in the City, without charge, one junction terminal
                     to each building at a location therein to be selected by the County.

               d.    The buildings to which service shall be provided are listed in Appendix B
                     to this ordinance, which may from time to time be amended by the City to
                     include public buildings that are within two hundred (200) feet of
                     Grantee’s energized cable. Buildings beyond two hundred (200) feet of
                     Grantee’s energized cable may be served if the City agrees to pay for the
                     cost of extending plant beyond two hundred (200) feet.

          2.   Grantee shall provide the following additional services to the City of Harrisburg,
               Lincoln County, the School District, and the Subscribers of Grantee's cable
               television system:

               a.    Emergency Alert Services consistent with FCC regulations.

               b.    Provide one dedicated Channel carrying one signal of acceptable quality,
                     meeting all applicable FCC standards, for use by the City of Harrisburg,
                     its departments and agencies, such Channel to be used at the discretion
                     of the City.

               c.    Grantee shall at all times maintain a system with the technical capability
                     of providing not less than 60 Channels of information and entertainment.

          (Amended: Ordinance No. 2009-12)

10.0130   Equal Protection. If the City eaters into a Franchise, permit, license, authorization, or
          other agreement of any kind with any other Person or entity other than the Grantee
          to enter into the City's Public Ways for the purpose of constructing or operating a
          Cable System or providing Cable Service to any part of the Service Area, the

                                              238
          material provisions thereof shall be reasonably comparable to those contained
          herein, in order that one operator not be granted an unfair competitive advantage
          over another, and to provide all parties equal protection under the law.

          (Amended: Ordinance No. 2009-12)

10.0131   Enforcement and Termination of Franchise.

          1.   This Franchise may be terminated by the City upon violation of its terms by the
               Grantee.

          2.   If the City becomes aware of violations of the terms of the Franchise, it shall
               notify the Grantee in writing of the exact nature of the alleged violation.

          3.   The Grantee shall have thirty days from receipt of the notice (a) to respond to
               the City contesting the allegation, or (b) to cure it, or (c) if, by the nature of the
               violation, such violation cannot be cured within the thirty day period, initiate
               reasonable steps to remedy it and notify the City of the steps being taken and
               the projected date that they will he completed.

          4.   If the Grantee fails to respond to the notice, or if the alleged violation is not
               remedied within sixty days after the Grantee is notified of the alleged violation,
               or such other period as is agreed to between the Grantee and the City, the City
               shall schedule a public hearing to investigate the violation. Such public hearing
               shall be held at the next regularly scheduled meeting of the governing body of
               the City which is scheduled at a time which is no less than five business days
               there from. The City shall notify the Grantee in writing of the time and place of
               such meeting and provide the Grantee with an opportunity to be heard, to
               present and cross-examine witnesses. At such time, the City may terminate
               the Franchise.

          5.   Enforcement of the terms of this Franchise shall be under the laws of South
               Dakota and the United States.

          6.   The Grantee shall not be held in default or noncompliance with the provisions
               of the Franchise, nor suffer any enforcement or penalty relating thereto, where
               such noncompliance or alleged defaults are caused by strikes, acts of God,
               power outages, or other events reasonably beyond its ability to control.

          (Amended: Ordinance No. 2009-12)

10.0132   Penalty. Violation of this ordinance shall be punished under the general penalty
          provisions of the Revised ordinances of the City.

          (Amended: Ordinance No. 2009-12)




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CHAPTER 10.02 - ELECTRICITY
10.0201 Grant of Authority. There be and hereby is granted to Northern States Power
        Company, a Minnesota corporation, its successors and assigns, hereinafter referred
        to as “Company”, during the period of 20 years from the date hereof, the right and
        privilege of constructing, operating, repairing, and maintaining in, on, over, under,
        and across the streets, alleys, and public grounds of the City of Harrisburg, South
        Dakota, hereinafter referred to as “Municipality”, an electric distribution system and
        electric transmission lines, including poles, pole lines, and fixtures and
        appurtenances, usually, conveniently, or necessarily used in connection therewith,
        for the purpose of transmitting and furnishing electric energy for light, heat, power,
        and other purposes for public and private use in and to said Municipality and the
        inhabitants thereof, and others, and for the purpose of transmitting into and through
        said Municipality such electric energy, provided that such electric distribution system
        and transmission lines shall be so ligated as in no way to interfere with the safety
        and convenience of ordinary travel along and over said streets, alleys, and public
        grounds, and provided that Company, in the construction, operation, repair, and
        maintenance of such poles, pole lines, and fixtures and appurtenances, shall be
        subject to such reasonable regulation as may be imposed by the City Council.

10.0202   Operation and Maintenance of Service. The rates to be charged by the Company for
          the electric energy sold within said Municipality shall be reasonable and shall not
          exceed Company’s standard schedule of rates and minimum charges effective for
          and in communities of like size in adjoining territory which are similarly served and
          situated. Company shall provide reasonably efficient and adequate service to
          members of the public within the Municipality who apply for such service in
          accordance with the rules and regulations of Company. Electric service provided by
          Company to its customers in the Municipality is subject to interruption and
          disturbance due to: (a) conditions beyond its control; (b) necessary maintenance
          and operations of its system; (c) effect of operations of any interconnecting electric
          system; (d) curtailment of electric service as may be prudent to maintain service to
          priority loads or to maintain the operating stability of its system; and (e) temporary
          interruptions or disturbance of service. Neither Company nor Municipality shall be
          liable for any damage or loss for interruption or disturbance of service due to such
          causes.

10.0203   Limitations of Rights Granted.

          1.    There is also granted to Company, during the term hereof, permission and
                authority - to trim all trees and shrubs in the streets, alleys, and public grounds
                of said Municipality interfering with the proper construction, operation, repair,
                and maintenance of any poles, pole lines, and fixtures or appurtenances,
                installed in the pursuance of the authority hereby granted, provided that
                Company shall save said Municipality harmless from any liability in the
                premises.

          2.    Nothing contained in this Chapter shall be construed as giving to Company any
                exclusive privileges in, on, over, under, or across the streets, alleys, or public
                grounds of said Municipality.



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          3.   Whenever the Municipality initiates a public improvement which requires the
               removal, relocation or rearrangement of Company’s facilities located on public
               streets, alleys, or grounds, Company, upon reasonable notice by the
               Municipality, shall relocate its facilities without charge to the Municipality;
               provided, the foregoing shall not deprive Company of any right it may have
               under State law to be reimbursed for any relocation, removal or rearrangement
               required for the improvement or construction of a Federally aided highway
               project; and provided further that, in the event Federal or State grants are
               made available for financing any of such public improvements requiring
               relocation of Company’s facilities, Company shall be reimbursed for such
               relocation from the Federal or State funds available. The foregoing shall not be
               construed so as to require the Municipality to reimburse Company out of local
               funds for any such relocation costs.

          4.   The vacation of any street, alley, public way or ground, after the installation of
               electric facilities, shall not operate to deprive the Company of the right to
               operate and maintain such electrical facilities until the reasonable costs of
               relocating the same and the loss and expense resulting from such relocation
               are first paid to the Company, except where the vacation is for the primary
               benefit of the Municipality in the furtherance of a public improvement.

          5.   Company shall have full right and authority to assign to any person, persons,
               firm, or corporation all the rights conferred upon it by this Chapter, provided
               that the assignee of such rights, by accepting such assignment, shall become
               subject to the terms and provisions of this Chapter.


CHAPTER 10.03 - NATURAL GAS
10.0301   Grant of Franchise. A non-exclusive franchise is hereby granted unto Midwest
          Power Systems Inc., a corporation, its successors and assigns (herein “Grantee”) for
          a term of twenty (20) years, commencing September 28, 1994, to acquire, erect,
          maintain and operate a gas plant or plants, gas transmission, storage and
          distribution systems and related equipment and appurtenances, used or to be used
          in the production, storage, transmission or distribution of natural gas, liquefied
          petroleum gas, or other hydrocarbon gases, or any mixture of gases (hereinafter
          “Gas Utilities”) within the present and future corporate limits of the City of Harrisburg,
          South Dakota, (hereinafter “City”). The Grantee is also granted the right, franchise
          and authority to construct, install and maintain such Gas Utilities over, across and
          under the streets, alleys and public grounds of the City, and any private lands
          therein, and to furnish, supply, transmit and distribute gas to the City and its
          inhabitants and others within and without the corporate limits for any and all lawful
          purposes including public and private use, and upon such terms, conditions,
          restrictions and regulations as are adopted in this Ordinance.

10.0302   Applicability to Grantee. This Ordinance shall apply to Grantee and its successors
          and assigns. Grantee shall be subject to all legal right, power and authority now or
          hereafter possessed by the City, to control and direct by Ordinance or Resolution the
          franchise herein granted and the manner in which the Grantee shall use and enjoy it.



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10.0303   Responsibility for Maintenance and Repair. If Grantee, in the installation, erection,
          maintenance or operation of its Gas Utilities, shall cut into or take up any pavement
          or sidewalk or make any excavation in any street, alley, or public grounds within the
          corporate limits of the City, the same shall be done as near as may be in a manner
          resulting in minimum interference with the public use of such street, alley, or public
          grounds. Upon completion of such work, Grantee shall replace any pavement or
          sidewalk removed and shall restore the premises to as good condition as at
          commencement of the work.

10.0304   Municipal Facilities Improvements. If the City shall propose to improve or make a
          public improvement in any street, alley, or public way (herein “Public Improvement”)
          in a manner that may conflict with existing Gas Utilities, the contractor awarded the
          Public Improvement Contract shall ascertain the exact number, location and depth of
          Gas Utilities and at all times protect Gas Utilities from damage during the
          performance of the contract. The Grantee shall, upon Resolution of the City Council,
          temporarily relay, relocate or guard with insulating barriers, Gas Utilities that are
          deemed in conflict with the Public Improvement, at its own expense, at a time that
          will not cause unreasonable inconvenience to the Grantee or its customers.

10.0305   Procedures Regarding Damaged Gas Utilities. If any party shall damage any part of
          the Gas Utilities or shall cause any weakening or loss of the structural or lateral
          support thereof, such party shall immediately notify Grantee of the location, time of
          the occurrence, and nature of the damage. If the damage causes or contributes to
          uncontrolled venting of gas, such party shall give warnings and use safeguards as
          may be necessary to prevent injury to persons and property in the vicinity of such
          venting gas, including evacuation of buildings, shall immediately notify the City as
          well as Grantee, and shall maintain reasonable warnings and safeguards until all
          damage has been repaired.

10.0306   City Indemnity Against Legal Claims. Grantee shall defend at its own expense, in
          the name and on behalf of the City, and shall indemnify and save harmless the City
          from any and all claims, suits, losses, damages, costs or expenses, whether caused
          or contributed to by the negligence of the Grantee, or the City, on account of injury or
          damage to any person or property, caused or occasioned in whole or in part by
          reason of or arising out of the construction, operation or maintenance of Gas Utilities,
          except the Grantee shall not be obligated to defend, indemnify and save harmless
          the City for any costs or damages arising from the sole negligence of the City.




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                              TITLE 11-TAXATION

                    Chapter 11.01 - Municipal Sales Tax
                    Chapter 11.02 - Reduced Valuation for Tax Purposes
                    Chapter 11.03 - Gross Receipts Tax

CHAPTER 11.01 - MUNICIPAL SALES TAX
11.0101   Purpose. The purpose of this ordinance is to provide additional needed revenue for
          the Municipality of Harrisburg, 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 10-52 entitled Uniform Municipal Non-Ad
          Valorem Tax Law, and acts amendatory thereto.

          (Amended: Ordinance No. 2003-12, Ordinance No. 2005-14)

11.0102   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
          Municipality of Harrisburg, Lincoln County, South Dakota, who are subject to the
          South Dakota Retail Occupational Sales and Service Tax, SDCL 10-45 and acts
          amendatory thereto.

          (Amended: Ordinance No. 2003-12, Ordinance No. 2005-14)

11.0103   Use Tax. In addition there is hereby imposed an excise tax on the privilege of use,
          storage and consumption within the jurisdiction of the municipality 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.

          (Amended: Ordinance No. 2003-12, Ordinance No. 2005-14)

11.0104   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.

          (Amended: Ordinance No. 2003-12, Ordinance No. 2005-14)

11.0105   Interpretation. It is declared to be the intention of this ordinance and the taxes levied
          hereunder that the same shall be interpreted and construed in the same manner as
          all sections of the 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

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          acts amendatory thereto, and that this shall be considered a similar tax except for the
          rate thereof to that tax.

          (Amended: Ordinance No. 2003-12, Ordinance No. 2005-14)

11.0106   Penalty. Any person failing or refusing to make reports or payments prescribed by
          this ordinance and the rules and regulations relating to the ascertainment and
          collection of the tax herein levied shall be guilty of a misdemeanor and upon
          conviction shall be fined not more that $200 or imprisoned in the county jail for thirty
          (30) days or both such fin and imprisonment. In addition, all such collection
          remedies authorized by SDCL 10-45, and acts amendatory thereto, and SDCL 10-
          46, and acts amendatory thereto are hereby authorized for the collection of these
          excise taxes by the Department of Revenue and Regulation.

          (Amended: Ordinance No. 2003-12, Ordinance No. 2005-14)

11.0107   Separability. If any provision of this ordinance is declared unconstitutional or the
          application thereof to any person or circumstances held invalid the constitutionality of
          the remainder of the ordinance and applicability thereof to other persons or
          circumstances shall not be affected thereby.

          (Amended: Ordinance No. 2003-12, Ordinance No. 2005-14)


CHAPTER 11.02 - REDUCED VALUATION FOR TAX PURPOSES

11.0201   Taxable Value Formula. All new industrial and commercial structures or additions to
          exiting structures constructed within the corporate limits of Harrisburg having a true
          and full value of thirty thousand dollars or more, added to the real property shall be
          assessed as follows for tax purposes:

          A.   20% of the assessed value for the first year;

          B.   40% of the assessed value for the second year;

          C.   60% of the assessed value for the third year;

          D.   80% of the assessed value for the fourth year;

          E.   100% of the assessed value for the fifth year and all years thereafter.

          (Amended: Ordinance No. 2005-11)


CHAPTER 11.03 - GROSS RECEIPTS TAX
11.0301   Purpose. The purpose of this chapter is to provide additional needed revenue for the
          Municipality of Harrisburg, 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.

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          (Amended: Ordinance No. 2004-9)

11.0302   Effective Date and Enactment of Tax. From and after the first day of January 2005,
          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 that 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
          Harrisburg, Lincoln County, South Dakota, who are subject to the South Dakota
          Retail Occupational Sales and Service Tax, SDCL 10-45 and acts amendatory
          thereto.

          (Amended: Ordinance No. 2004-9)

11.0303   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.

          (Amended: Ordinance No. 2004-9)

11.0304   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 Act, SDCL
          10-45 and acts amendatory thereto, and that this shall be considered a similar tax
          except for the rate thereof to that tax.

          (Amended: Ordinance No. 2004-9)

11.0305   Use of Revenue. Any revenues received under this chapter may be used 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.

          (Amended: Ordinance No. 2004-9)

11.0306   Penalty. Any person failing or refusing to make reports or payments prescribed by
          this chapter and the rules and regulations relating to the ascertainment and collection
          of the tax herein levied shall be guilty of a misdemeanor and upon conviction shall be
          fined not more that $200 or imprisoned in the municipal jail for thirty (30) days or both
          such fine and imprisonment. In addition, all such collection remedies authorized by
          SDCL 10-45, and acts amendatory thereto, are hereby authorized for the collection
          of these excise taxes by the Department of Revenue.

          (Amended: Ordinance No. 2004-9)

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11.0307   Separability. If any provision of this chapter is declared unconstitutional or the
          application thereof to any person or circumstances held invalid the constitutionality of
          the remainder of the chapter and applicability thereof to other persons or
          circumstances shall not be affected thereby.

          (Amended: Ordinance No. 2004-9)




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                    TITLE 12 - GENERAL PROVISIONS

            Chapter 12.01 - Penalties and Repealing Clause
            Chapter 12.02 - Urban and Rural Service Districts

CHAPTER 12.01 - PENALTIES AND REPEALING CLAUSE
12.0101   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 Class 2 Misdemeanor.

12.0102   Conflicting Ordinances Repealed. All ordinances and parts of ordinances in conflict
          with the provisions of this ordinance, or relating to the subject matter of this
          ordinance and not re-enacted as part of this ordinance, are hereby repealed;
          provided however, that nothing herein shall be construed as repealing any special
          ordinances, appropriations ordinances, levying ordinances for the issuance of bonds,
          or other special ordinances of like character, nor shall this ordinance repeal or modify
          the provisions of any ordinance heretofore adopted by the City unless provisions of
          this ordinance in effect, either modify, repeal or amend such ordinances.

12.0103   Unconstitutionality. Should any Section, Sub-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.

12.0104   Publication and Effect. This ordinance shall take effect upon its adoption and
          publication of the notice of such adoption as provided by SDCL 9-19-17.


CHAPTER 12.02 - URBAN AND RURAL SERVICE DISTRICTS
12.0201   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.

          (Amended: Ordinance No. 2006-16)

12.0202   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
          commission 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.

          (Amended: Ordinance No. 2006-16)

12.0203   Lands described - Rural Service District. The rural service district shall consist of
          those platted or unplatted lands or both platted and unplatted lands described in
          exhibit A, on file with the city finance officer’s office, entitled “Lands Included in the

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          Rural Service District” and attached to this Ordinance No. 2006-16 and made a part
          of this section, all of which lands are rural in character, are used or usable for
          agriculture, and are no developed for commercial, industrial or urban residential
          purposes.

          (Amended: Ordinance No. 2006-16)

12.0204   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.

          (Amended: Ordinance No. 2006-16)

12.0205   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.

          (Amended: Ordinance No. 2006-16)

12.0206   Platting or construction in rural district. Whenever any parcel of land included within
          the rural service district:

          (1)   Is platted in whole or in part;

          (2)   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

          (3)   Otherwise fails to meet the criteria as set forth in Section 12:0203 of this
                ordinance.

          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
          commission which shall make and enter an order transferring such parcel from the
          rural service district to the urban service district.

          (Amended: Ordinance No. 2006-16)

12.0207   Filing ordinance amendment or order with county auditor. The city finance officer is
          hereby directed to file with the appropriate county auditor a certified copy of this
          Ordinance No. 2006-16, every amendment thereof and every order adopted or
          entered pursuant to such ordinance.

          (Amended: Ordinance No. 2006-16)




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                  TITLE 13 - MANUFACTURED HOMES

                Chapter 13.01 - General Provisions
                Chapter 12.02 - License
                Chapter 13.03 - Permits and Inspections
                Chapter 13.04 - Park Standards
                Chapter 13.05 - Minimum Housing Requirements
                Chapter 13.06 - Violations and Penalties

CHAPTER 13.01 - GENERAL PROVISIONS
13.0101   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.

          (Amended: Ordinance No. 2002-11)

13.0102   Definitions. The following words, terms and phrases, when used herein, shall have
          the meanings ascribed to them in this section, except where the context clearly
          indicates a different meaning:

          A.   “Administration” - the Harrisburg Authorized Official.

          B.   “Board” - the Harrisburg Board of Adjustment.

          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 Harrisburg City Council.


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          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. 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, at least five
               acres in size and 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.

          O.   “Service building” - an accessory building to a licensed manufactured home
               park 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 Harrisburg.

          (Amended: Ordinance No. 2002-11)

13.0103   Performance Standards. Prior to obtaining a manufactured home park license from
          the City of Harrisburg, certain standards are to be met regarding the layout and

                                               250
          operation of the manufactured home park. Such standards shall be reasonably
          related to the operation of the manufactured home park and may include, but are not
          limited to, the following:

          A.   The applicant shall present plans and specifications for the proposed park in a
               suitable form, including the legal and locational description description of the
               property and maps showing the layout, dimensions, streets, utility lines, lots,
               locations of manufactured homes and other buildings, and any other
               information which the Authorized Official deems necessary for the City Council
               to approve a manufactured home park license.

          B.   Each manufactured home lot shall abut or face a clear unoccupied roadway or
               street. Such roadway or street shall have an all weather surface with at least
               36 feet in width where parking is permitted on two (2) sides.

          C.   The manufactured home park shall be located on a well-drained area, and the
               premises shall be properly graded to prevent the accumulation of storm or
               other waters.

          D.   The manufactured home park shall be surrounded by a landscaped strip of
               open space twenty-five (25) feet wide along all boundaries of the manufactured
               home park. Such landscaped strip may include property required by the yard
               requirements designated in the most recent version of the Harrisburg Zoning
               Regulations.

          E.   Each manufactured home within an approved manufactured home park shall
               be connected to the municipal wastewater collection system and municipal
               water supply system.

          (Amended: Ordinance No. 2002-11)


CHAPTER 13.02 - LICENSE
13.0201   Duty of licensee and occupants.

          A.   Responsibility of licensee.

               1.   The manufactured home park licensee will operate the park in strict
                    compliance with the provisions of this ordinance and the zoning
                    ordinances, 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 minimum
                    housing code standards as set forth herein.




                                             251
               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 Finance Officer when new
                    manufactured homes are placed.

               6.   The licensee will notify the park occupants of all applicable provisions of
                    the R-3 Manufactured Housing Residential District regulations and related
                    zoning standards and inform them of their responsibilities thereunder.

               7.   The licensee will provide the administration and park occupants 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 provisions of the R-3 Manufactured Housing Residential
                    District regulations and related zoning standards and will maintain the
                    manufactured home space, its facilities and equipment in good repair and
                    in a clean and sanitary condition.

               2.   The owners and 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, and secure necessary permits for detached accessory
                    buildings.

          (Amended: Ordinance No. 2002-11)

13.0202   Required; term, renewal and fee.

          A.   It will be unlawful to operate a licensed manufactured home park within the City
               unless a valid license has been issued. Application for a license shall be made
               30 days prior to operation by completing the appropriate form, furnishing a
               copy of park rules and regulations, and submitting payment of a nonrefundable
               application fee to the City in the amount of $50, plus $1.00 for each
               manufactured home.

          B.   Said license will expire on June 30 of each year. An application for a renewal
               shall be made 30 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 be charged in addition to the license fee, a reinstatement fee
               equal to 50% of the license fee.

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          (Amended: Ordinance No. 2002-11)

13.0203   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 if this chapter, or with the applicable provisions of the R-3
          Manufactured Housing Residential District regulations and related zoning standards.

          (Amended: Ordinance No. 2002-11)

13.0204   Transfer. Licensed manufactured home park licensee will give notice in writing to the
          City Finance Officer at least 30 days prior to 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 the R-3 Manufactured Housing Residential District
          regulations and related zoning standards and all other pertinent laws and
          regulations.

          (Amended: Ordinance No. 2002-11)


CHAPTER 13.03 - PERMITS AND INSPECTIONS
13.0301   Manufactured home placement permit.

          A.   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 as provided for
               herein. The Authorized Official is hereby permitted to inspect any and all
               manufactured homes prior to their being moved into the City of Harrisburg to
               ensure compliance with this Title.

          B.   Every manufactured home owner shall file an application for a manufactured
               home park placement permit with the City Finance Officer prior to the date of
               the placement of the manufactured home in the licensed manufactured home
               park.

          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 and will send one to the City Finance officer 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 Finance Officer and will pay a
               permit fee of $40.00 at that time.

          (Amended: Ordinance No. 2002-11)

13.0302   Detached accessory buildings and structures. It is unlawful to alter, repair or add
          detached accessory buildings or structures in a licensed manufactured home park


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          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.

          (Amended: Ordinance No. 2002-11)

13.0303   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.

          (Amended: Ordinance No. 2002-11)

13.0304   Carports, cabanas, enclosed vestibules, canopies and decks. It is unlawful to
          construct (i) cabanas, (ii) unenclosed canopies, (iii) carports, (iv) decks, or (v)
          enclosed vestibules 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.

          (Amended: Ordinance No. 2002-11)

13.0305   Inspections. The Authorized Official or his or her authorized representative, as
          identified in the City of Harrisburg Zoning Regulations, 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. Such inspection will
          take place prior to the issuance or renewal of a license to operate the licensed
          manufactured home park.

          (Amended: Ordinance No. 2002-11)


CHAPTER 13.04 - PARK STANDARDS
13.0401   Placement of manufactured homes. All manufactured homes will be positioned in
          compliance with an approved manufactured home park plan.

          (Amended: Ordinance No. 2002-11)

13.0402   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 Harrisburg.

          (Amended: Ordinance No. 2002-11)

13.0403   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.



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          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.

          (Amended: Ordinance No. 2002-11)

13.0404   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 from overflowing.

          B.   Insect and rodent control measures to safeguard public health, as
               recommended by the Authorized Official or his or her authorized
               representative, 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 Authorized Official or his or her
               authorized representative.

          (Amended: Ordinance No. 2002-11)

13.0405   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 sage
               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.

          (Amended: Ordinance No. 2002-11)

13.0406   Fire protection.

          A.   The licensed manufactured home park area will be subject to the fire protection
               rules and codes of the city.

          B.   All natural gas 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

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               weight of the container. All natural gas tanks over 100-gallon capacity must be
               installed on a concrete base.

          C.   Safety relief valves natural gas 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 are prohibited.

          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.   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 Authorized Official or his or her authorized representative.

          H.   Combustible storage may not be permitted under manufactured homes.

          (Amended: Ordinance No. 2002-11)

13.0407   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 and office address. The size, height
          and location of the sign will be approved by the Authorized Official or his or her
          authorized representative and in accordance with the zoning regulations of the City
          of Harrisburg.

          (Amended: Ordinance No. 2002-11)

13.0408   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 Finance Officer.

          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.

          (Amended: Ordinance No. 2002-11)


                                             256
CHAPTER 13.05 - MINIMUM HOUSING REQUIREMENTS
13.0501   General housing requirements.

          A.   Manufactured homes must conform to current manufactured home construction
               and safety standards, HUD Safety I Standards Act of 1974, effective 1976.

          B.   No person will occupy or let to another for occupancy any manufactured home
               which does not comply with the following requirements:

               (1)   Every skirting, exterior wall and roof will be substantially weathertight and
                     rodentproof, and will be kept in sound condition and good repair. All
                     exterior surfaces will be adequately maintained: siding, window
                     conditions, and screens.

               (2)   Every floor, interior wall and ceiling will be kept in sound condition and
                     good repair, which includes excessive cracking and holes.

               (3)   Every window and exterior door will be reasonably weathertight,
                     watertight, and rodentproof and will be kept in sound working condition
                     and good repair.

               (4)   Every outside stairway will be maintained in safe and sound condition and
                     good repair.

               (5)   Every plumbing fixture and water and waste pipe will be installed in an
                     approved manner and maintained in good, sanitary working condition,
                     free from leaks and obstructions.

               (6)   Every water closet compartment, floor surface, bathroom floor surface,
                     kitchen floor surface and countertop will be constructed and maintained
                     so as to be reasonably impervious to water, and so as to permit such floor
                     and countertop to be easily kept in a clean and sanitary condition. Only
                     kitchen or bath carpeting which is specifically manufactured for such use
                     will be permitted.

               (7)   Every supplied facility, piece of equipment or utility will be so constructed
                     and installed that it will function safely and effectively, and will be
                     maintained in satisfactory working condition.

               (8)   Exits will have 28 inches by 74 inches of clear opening for exterior exit
                     doors. Dead bolts will be on exterior doors. Outswinging doors must
                     have a safety door check.

               (9)   Privacy. Bath and toilet rooms must have privacy locks. Room
                     dimension minimum will be five feet. Toilet compartment will be 30
                     inches wide with 24 inches in front of the toilet.

               (10) Exits. Two exterior doors will be accessible from rooms without locks: 20
                    feet center to center for double wide, and 12 feet center to center for
                    single wide. An exit door cannot be over 35 feet from a bedroom door.

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               (11) Interior passage doors will be openable by single effort if doors are
                    unlocked. If lockable, doors will be openable from the opposite side in
                    case of emergency.

               (12) Hallways will be 28 inches minimum.

               (13) No owner, operator, or occupant will cause any service, facility
                    equipment, or utility which is required under this ordinance to be removed
                    from, shut off, or discontinued in any occupied manufactured home,
                    except for such temporary interruption as may be necessary while actual
                    repairs or alterations are in process, or during temporary emergencies.

          (Amended: Ordinance No. 2002-11)

13.0502   Minimum space, use and location requirements. No person may occupy any
          manufactured home which does not comply with the following requirements:

          A.   Every manufactured home will contain at least 150 square feet of floor space
               for the first occupant thereof and at least 100 additional square feet floor space
               for every additional occupant thereof, the floor space to be calculated on the
               basis of total habitable room area will be counted in determining the maximum
               permissible occupancy up to 100% of the total habitable area.

          B.   Every habitable room will have a ceiling height of at least seven feet and six
               feet six inch ceiling heights for halls and foyers.

          C.   Every manufactured home of two or more rooms will contain one room with a
               minimum of 150 square feet, every room occupied for sleeping purposes by
               one occupant will contain at least 50 square feet of floor space and each
               sleeping room with two occupants will contain at least 90 square feet of floor
               space, and for each additional person occupying the room for sleeping
               purposes, the room will contain at least 50 additional square feet of floor space.

          D.   No manufactured home containing two or more sleeping rooms will have such
               a room arrangement that access to a bathroom or water closet compartment
               intended for use by occupants of more than one sleeping room can be had only
               by going through another sleeping room; nor will room arrangements be such
               that access to a sleeping room can be had only be going through another
               sleeping room or a bathroom or water closet compartment.

          (Amended: Ordinance No. 2002-11)

13.0503   Basic equipment, facilities. No person will occupy or let to another for occupancy
          any manufactured home within the licensed manufactured home park which does not
          comply with the following:

          A.   Every manufactured home shall contain a kitchen sink in sound working
               condition and properly connected to an approved water and sewer system.

          B.   Every manufactured home shall contain a room which affords privacy to a
               person within the room and which is equipped with a flush water closet in good

                                             258
               working condition and properly connected to an approved water and sewer
               system.

          C.   Every manufactured home shall contain within its walls a handwashing
               lavatory, basin or sink in a sanitary and good working condition and properly
               connected to an approved hot and cold water and sewer system and located in
               the same room as the required flush water closet or as near to that room as
               practicable.

          D.   Every manufactured home shall contain, within a room which affords privacy to
               a person within the room a bathtub or shower in good working condition and
               properly connected to an approved water and sewer system.

          E.   Every kitchen sink, lavatory basin and bathtub or shower will be connected to
               both hot and cold water lines in an approved manner. The finish shall be free
               of scratched and chipped enamel and rusted fixtures and drains so they can be
               maintained in a clean and sanitary condition.

          F.   Every manufactured home shall be supplied with rubbish storage facilities.

          G.   Every manufactured home shall have adequate garbage disposal facilities or
               garbage storage containers.

          H.   Every manufactured home shall have supplied water heating facilities which
               are installed in an approved manner, with cold water shutoff, gas cock shutoff
               union and drip leg and three-quarter-inch pop-off safety valve, are maintained
               and operated in safe and good working condition, are properly connected with
               the hot water lines and are capable of heating water to such a temperature as
               to permit an adequate amount of water to be drawn at every required kitchen
               sink, lavatory basin, bathtub or shower at a temperature of not less than 130
               degrees Fahrenheit. Water heaters are not permitted in kitchens, bathrooms,
               or near open flame.

          I.   Every manufactured home shall have approved, safe, unobstructed means of
               egress leading to safe and open space at ground level.

          (Amended: Ordinance No. 2002-11)

13.0504   Light, ventilation, and heating. No person may occupy or let to another for
          occupancy any manufactured home, for the purpose of living therein, which does not
          comply with the following requirements:

          A.   Every habitable room shall have at least one window or skylight facing directly
               to the outdoors. The minimum total window area measured between stops, for
               every habitable room will be 8% of the floor area in such room. One egress
               window will be in each bedroom with sill height not to exceed 36 inches.

          B.   Every habitable room will have at least one window or skylight which can easily
               be opened, or such other device as will adequately ventilate the room. The
               total openable window area in every habitable room will be equal to at least
               45% of the minimum window area size of minimum skylight-type window size,

                                            259
     as required is subsection (1) of the this section, except where there is supplied
     some other device affording adequate ventilation and approved by the
     Authorized Official or his or her authorized representative.

C.   Every bathroom and water closet compartment will have at least one window or
     skylight facing directly to the outside in order to provide adequate ventilation, or
     a mechanical-type ventilation system provided it produces one complete air
     change every five minutes.

D.   Every manufactured home will have heating facilities which are installed in an
     approved manner, including chimney, flue vents with proper clearances, and
     are maintained in safe and good working condition, and are capable of safely
     and adequately heating all habitable rooms, bathrooms, and water closet
     compartments located therein to a temperature of at least 68 degrees
     Fahrenheit at a distance of three feet above floor level when the temperature
     outside is a minus 20 degrees Fahrenheit. Such heating equipment will be
     operated as reasonably necessary to maintain a temperature in all habitable
     rooms at 68 degrees Fahrenheit.

E.   Every manufactured home will be supplied with electricity and will meet the
     following requirements:

     1.   Every habitable room shall contain one electrical convenience outlet for
          each 20 lineal feet, or major fraction thereof, measured horizontally
          around the room at the baseboard line, except that in each habitable
          room one supplied electric light fixture will be accepted in lieu of one of
          the required electrical convenience outlets, provided that each habitable
          room contains at least one electrical convenience outlet. A minimum of
          60-amp service is required and no excessive splicing is allowed.

     2.   Every water closet compartment, bathroom, laundry room, and kitchen,
          furnace room, and public hall shall contain at least one ceiling or wall-type
          electric light and fixture.

     3.   Every outlet and fixture shall be installed in an approved manner and
          maintained in good and safe working condition.

     4.   Laundry outlets, lights above egress doors, the water meter jumper, and
          ground to the water line must conform to all codes.

F.   During the portion of each year when the City Council finds it necessary to
     protect against mosquitoes, flies, and other insects, which are of such kind and
     occur in such numbers as to cause a hazard to health, every door opening
     directly from a manufactured home to outdoor space shall have a supplied
     screen door with a self-closing device; and every window or other device with
     openings to outdoor space, used or intended to be used for ventilation, shall
     likewise be supplied with screens.

(Amended: Ordinance No. 2002-11)



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CHAPTER 13.06 - VIOLATIONS AND PENALTIES
13.0601   Notices and orders.

          A.   Whenever the Authorized official, or his or her authorized representative or the
               City Finance Officer determines that there has been a violation of this chapter
               or applicable provisions of the R-3 Manufactured Housing Residential District
               regulations and related zoning standards, it will give notice of such alleged
               violation to the licensee and occupant.

          B.   Whenever the Authorized official, or his or her authorized representative or City
               Finance officer determines that a hazard exists which required immediate
               action to protect the public health, safety and welfare, the Authorized official, or
               his or her authorized representative or City Finance officer may take whatever
               action deemed necessary.

          (Amended: Ordinance No. 2002-11)

13.0602   Notice to vacate. Whenever valid, verified housing complaints are made, the
          manufactured home will be tagged as unfit for human occupancy, resulting in the
          cancellation of the licensing 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.

          (Amended: Ordinance No. 2002-11)

13.0603   Appeals.

          A.   Generally. Any person affected by any action of the Authorized official, or his
               or her authorized representative or City Finance Officer under this chapter or
               applicable provisions of the R-3 Manufactured Housing Residential District
               regulations and related zoning standards may appeal the action to the Board of
               Adjustment within 30 days after completed service of such notice.

          B.   Variance on appeal. The Board may authorize, upon appeal in specific cases,
               such variance from the terms of this chapter, terms of applicable provisions of
               the R-3 Manufactured Housing Residential District regulations and related
               zoning standards or from the rules and regulations adopted pursuant to this
               chapter, subject to terms and conditions fixed by the Board, 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 applicable provisions of
                     the R-3 Manufactured Housing Residential District regulations and related
                     zoning standards.

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          C.   Procedure on appeal. Any appeal may be taken by filing a notice in writing, to
               that effect, with the Authorized Official or his or her authorized representative.
               Such notice will be on a form provided by the Authorized Official or his or her
               authorized representative. The Authorized Official or his or her authorized
               representative shall forthwith notify the Board of the filing of such appeal, and
               the Board 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 Authorized Official or
               his or her authorized representative 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 Board will become final as provided in this
               chapter. The hearing before the Board will be informal; its decision will be
               written, and will state the findings, conclusions and decision of the board.

          D.   Effect of failure to appeal. If no appeal is taken, the notice will become a final
               order when the appeal to the Board has elapsed (30 days).

          E.   Enlargement of time for appeal. The Authorized Official or his or her
               authorized representative may enlarge the time in which an appeal to the
               Board may be taken, upon showing of good and sufficient grounds.

          (Amended: Ordinance No. 2002-11)

13.0604   Judicial review. Any person aggrieved by a final decision of the Board may seek
          relief therefrom in a court of competent jurisdiction within 30 days thereof.

          (Amended: Ordinance No. 2002-11)




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