PENNINGTON COUNTY ORDINANCE NO. 32-1: AN ORDINANCE TO AMEND ORDINANCE 32 “PROHIBITING PLACEMENT OF SNOW ONTO A HIGHWAY OR PUBLIC RIGHT-OF-WAY,” AND INCREASING PENALTY
BE IT ORDAINED by Pennington County that Ordinance 32 be amended to read as follows:
SECTION ONE – PURPOSE.
The Pennington County Board of Commissioners adopts this ordinance to promote the health, safety, and general welfare of the travelling public.
SECTION TWO – DEFINITIONS.
Highway. As defined in SDCL 31-1-1 or revisions thereof.
SECTION THREE - AUTHORITY.
SDCL § 7-18A-2 authorizes the County to enact, amend and repeal ordinances as may be necessary to execute the powers granted to it by law and provide for the enforcement of each violation of any ordinance.
SDCL § 21-10-1(3) defines a nuisance as an act that “unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage … any public park, square, street, or highway.”
SDCL § 31-12-26 charges the Pennington County Board of Commissioners and county superintendent of highways with the responsibility of constructing, repairing, and maintaining all secondary roads within the county not included in any municipality, organized civil township, improvement district organized pursuant to SDCL chapter 7-25A, or county road district organized pursuant to SDCL chapter 31-12A.
SDCL 31-32-9 charges a governing body or board having jurisdiction of any street, road, or highway with the responsibility of removing any obstruction placed in the street, road, or highway.
SECTION FOUR – DUMPING OF SNOW ONTO A HIGHWAY OR PUBLIC RIGHT-OF-WAY PROHIBITED.
The pushing, piling, dumping, placing or disposing of snow in any manner onto a highway or public right-of-way within Pennington County is prohibited.
SECTION FIVE – VIOLATION/PENALTY.
Any person, firm, corporation, or association violating any provision of this Ordinance is subject to all applicable civil and criminal remedies allowed under the laws of the State of South Dakota. A violation of this Ordinance may result in thirty days imprisonment in the county jail or five hundred dollars fine, or both. Each act of violation and each day upon which any such violation continues constitutes a separate offense. In addition to the penalty expressly provided in this Ordinance, the county may pursue other remedies including injunctive relief or revocation of licenses or permits. The obstruction of a public street or highway may also result in criminal charges pursuant to SDCL 22-36-1 (public nuisance as misdemeanor offense) and SDCL 31-32-3.1 (intentional dumping on highway right-of-way prohibited).
Approved this 5th day of November, 2019.
PENNINGTON COUNTY BOARD OF COMMISSIONERS
\s\ Deb Hadcock, Chair
Attest:
\s\ Kara Tines, Pennington County Auditor/Deputy
First Reading: November 21, 1995
Second Reading: December 5, 1995
Publication: December 21, 1995
Effective: January 10, 1996
Amendment 1 First Reading: October 15, 2019
Amendment 1 Second Reading: November 5, 2019
Amendment 1 Effective: On the 20th day after completed publication