Page 312 of the street when facing south and all even numbers south of Railroad Avenue shall be on the righthand side of the street when facing south. (Code 1980, 26-133; Code 2003, 22-267) Secs. 46-310 46-336. - Reserved. ARTICLE VII. - SNOW REMOVAL Editor's note Ord. No. 10-09-06, adopted Oct. 12, 2010, repealed the former Art. VII, 22-701 22-740, and enacted a new Art. VII as set out herein. The former Art. VII pertained to similar subject matter and derived from the 2003 Code; Ord. No. 06-12-05, adopted Dec. 18, 2006; and Ord. No. 07-12-06, adopted Dec. 24, 2007. State Law reference Declaration of snow emergency by county commissioners or governor, SDCL 34-5-4; vehicle restrictions during inclement weather, SDCL 32-19-3.1; municipal authority to require property owners to remove snow and ice from sidewalks, SDCL 9-30-5. DIVISION 1. - GENERALLY Sec. 46-337. - Duty of owner or occupant to keep sidewalks clear. (a) It shall be the duty of the owner of any real property fronting or abutting upon any sidewalk to keep such sidewalk free and clear from snow and ice at all times. The owner of a corner lot shall be responsible for clearing the sidewalk through to the street. However, where a residential property abuts or fronts a curbside sidewalk, the owner or occupant of said real property shall maintain a 36-inch passable area free from ice and snow at all times. (b) It shall be unlawful for any person to shovel or blade the snow so removed into the street at any time. However, where the property is actually occupied by a building which has a zerosetback from the sidewalk, the owner or occupant thereof may shovel or blade the snow from the abutting sidewalk into the street prior to the completion of Zone 1 snow removal operations. (Ord. No. 10-09-06, 22-701, 10-12-2010) Sec. 46-338. - Noncompliance. The owner of any real property fronting or abutting upon any sidewalk shall remove the snow or ice from such sidewalk within 48 hours after the falling of said snow has stopped. If said snow or ice still has not been removed after 48 hours, then the city may cause to be removed said snow or ice and may assess the costs against the real property and certify said assessment to the county auditor's office for collection. (Ord. No. 10-09-06, 22-702, 10-12-2010) Sec. 46-339. - Commercial property. It shall be unlawful for the owner or operator of any commercial real property to blade or shovel the snow from said real property into any street or public ground. (Ord. No. 10-09-06, 22-706, 10-12-2010) Page 312
Page 313 Secs. 46-340 46-365. - Reserved. Sec. 46-366. - Policy. DIVISION 2. - EMERGENCIES It is hereby declared to be in the best interest of the public policy and public safety of the city to regulate and restrict the parking of vehicles on public streets during snow emergencies. (Ord. No. 10-09-06, 22-720, 10-12-2010) Sec. 46-367. - Penalties. Every person convicted of a violation of any provisions of this division, in addition to the penalties contained herein, shall be punished by a fine and/or imprisonment as provided by this Code. (Ord. No. 10-09-06, 22-721, 10-12-2010) Sec. 46-368. - Designation of snow emergency routes. The following streets and avenues or portions thereof within the city are designated as snow emergency routes: Sixteenth Street South from Sixth Avenue to Tenth Avenue. Fifteenth Street South from Third Avenue to Sixth Avenue. Fifth Street South from Third Avenue to Melgaard Road. Fifth Street North from Eighth Avenue to Twenty Fourth Avenue. Second Street South from Melgaard Road to Sixth Avenue South. Second Street North from Fifth Avenue to Fifteenth Avenue. Main Street from Eighth Avenue North to Fifteenth Avenue North. Main Street from Twelfth Avenue South to Melgaard Road. State Street from Fairgrounds Road to Seventeenth Avenue South. Lloyd Street South from Seventeenth Avenue South to Melgaard Road. Penn Street South from Third Avenue South to Sixth Avenue South. Dakota Street from Fairgrounds Road to Seventeenth Avenue South. Harrison Street North from Eighth Avenue North to Eighteenth Avenue North. High Street South from Twelfth Avenue South to Fifteenth Avenue South. Lawson Street South from Sixth Avenue South to Melgaard Road. Roosevelt Street from one-half mile south of Melgaard Road to Twenty Fourth Avenue North. Fifteenth Avenue North from U.S. 281 to Olive Drive. Olive Drive from Fifteenth Avenue North to Willow Drive. Willow Drive from Olive Drive to Fifth Street North. Page 313
Page 314 Fifteenth Avenue North from Fifth Street to Roosevelt Street. Twelfth Avenue North from Fourth Street to Northview Lane. Eighth Avenue North from U.S. 281 to Brown County Highway 14. First Avenue North from Third Street to Jackson Street. Third Avenue South from Fifteenth Street to Lafayette Street. Ninth Avenue South from U.S. 281 to Fifth Street. Tenth Avenue South from State Street to Lawson Street. Twelfth Avenue South from Fifth Street to Dakota Street. Twelfth Avenue South from High Street to Roosevelt Street. Fifteenth Avenue South from High Street to Lawson Street. Seventeenth Avenue South from State Street to Dakota Street. Melgaard Road from U.S. Highway 281 to Roosevelt Street South. Second Street from Sixth Avenue SW to U.S. Highway 281 (Highway 281 Business Loop). U.S. Highway 12 within the city limits. First Avenue South from Washington Street to Lancelot Drive. Milwaukee Avenue North from Lancelot Drive to Brown County Highway No. 19. Sixth Avenue North from Fourth Street to Second Street North. Fourth Street North from Fifth Avenue (Highway 281) to Sixth Avenue North. Second Avenue North from Kline Street to State Street North. Kline Street North from First Avenue to Second Avenue North. Third Street South from Twelfth Avenue to Seventeenth Avenue South. Seventeenth Avenue South from Third Street to Second Street South. Nineteenth Street North from U.S. Highway 281 to Twenty Fourth Avenue. Twenty Fourth Avenue from SW corner of Wylie Park to U.S. Highway 281. Brown County Highway 19 from Eighth Avenue North to U.S. Highway 12. Melgaard Road from U.S. Highway 12 to Roosevelt Street. Twenty Fourth Avenue North from Fifth Street to Roosevelt Street. (Ord. No. 10-09-06, 22-722, 10-12-2010; Ord. No. 11-10-04, 10-17-2011) Sec. 46-369. - Parking of vehicles. (a) Whenever the public works director finds that falling snow, sleet or freezing rain will create a condition which makes it necessary that the parking of motor vehicles on snow emergency routes will be prohibited, or whenever he finds, on the basis of a firm forecast by the U.S. Weather Bureau at Aberdeen, South Dakota, of snow, sleet or freezing rain, that the weather conditions as so forecast may create a condition making it necessary that such parking be prohibited, he is authorized to announce such prohibition, to become effective not less than one hour after such announcement, at a time to be specified by the public works director. Page 314
Page 315 Announcement of such prohibition shall be in accordance with the requirements of section 46-377. After the effective time of such prohibition, no person shall park any vehicle or permit any vehicle to remain parked on a snow emergency route. (b) The prohibition of parking announced by the public works director under the authority of this section shall remain in effect until the public works director announces the termination of the snow emergency, in part or in whole, or until the roadway of an entire block of a snow emergency route street is substantially clear of snow from curb to curb, whichever first occurs, after which the prohibition of parking authorized by this section shall no longer be in effect. (c) Notwithstanding the provisions of subsection (a) hereof, a parking prohibition shall automatically go into effect on any part of any snow emergency route, except commercial districts listed in subsection 46-368, on which there has been an accumulation of snow or ice of three inches or more for one hour or more between 6:00 a.m. and 11:00 p.m. of any day. Said amount of accumulation of snow or ice is to be determined by measurement made at U.S. Weather Bureau office at Aberdeen Regional Airport. (d) The prohibition of parking announced by the public works director on the authority of this section shall also govern any public parking lot within the city and subsection (c) of this section shall govern regarding the public parking lots within the city and provided that signs have been posted on said parking lots giving notice to the public that parking is prohibited for snow removal purposes at least 12 hours in advance of the maintenance and snow removal of said parking lot, the police department or street department shall be authorized to take all steps contained in section 46-371 regarding the removal of vehicles and sections 46-371 through 46-382 shall apply to all public parking lots within the city. (Ord. No. 10-09-06, 22-723, 10-12-2010) Sec. 46-370. - Operation of vehicles. While a snow emergency is in effect, and until such emergency has been declared by the public works director to be terminated, no person shall operate a motor vehicle on any snow emergency route in such manner or in such condition as to allow or permit such vehicle to become stalled on such route, either by reason of the fact that the driving wheels of such vehicle are not equipped with tire chains or effective snow tires, or by reason of the fact that the motor fuel supply of such vehicle has been allowed to become exhausted. (Ord. No. 10-09-06, 22-724, 10-12-2010) Sec. 46-371. - Removal of vehicles When authorized. Members of the police department or street department are hereby authorized to remove or have removed a vehicle from a street to the nearest garage or other place of safety (including another place on a street), or to a garage designated or maintained by the police department, or otherwise maintained by this city, when: (1) The vehicle is parked on a part of a snow emergency route on which a parking prohibition is in effect. (2) The vehicle is stalled on a part of a snow emergency route on which there is a covering of snow, sleet or ice or on which there is a parking prohibition in effect and the person who was operating such vehicle does not appear to be removing it in accordance with the provisions of this division. Page 315
Page 316 (3) The vehicle is parked in violation of any parking ordinance or provision of law and is interfering or about to interfere with snow removal operations. (Ord. No. 10-09-06, 22-725, 10-12-2010) Sec. 46-372. - Same Record. It shall be the duty of the police department to keep a record of each vehicle removed in accordance with section 46-371. The record shall include a description of the vehicle, its license number, the date and time of its removal, where it was removed from, its location, the name and address of its owner and last operator, if known, its final disposition and the parking violation involved. (Ord. No. 10-09-06, 22-729, 10-12-2010) Sec. 46-373. - Same Provisions supplemental. Sections 46-371 46-373 shall be supplemental to any other provisions of law granting members of the police department and street department authority to remove vehicles. (Ord. No. 10-09-06, 22-730, 10-12-2010) Sec. 46-374. - Time of regulations. These snow emergency regulations shall be in affect (1) While snow, sleet or freezing rain is falling within the city, or (2) Whenever there is a covering or coating of newly fallen snow, sleet or ice upon some or all of the streets and highways of the city. In addition, whenever the public works director receives from the national weather service at Aberdeen, South Dakota, a firm forecast of snow, sleet or freezing rain, he is authorized to declare that these snow emergency regulations will be in effect not less than one hour from the time announcement is made to the public in accordance with the requirements of section 46-375. (Ord. No. 10-09-06, 22-731, 10-12-2010) Sec. 46-375. - Notice of regulations. (a) Notwithstanding the automatic effectiveness of these regulations as provided in section 46-374, the continuance in effect or termination of each snow emergency shall be announced by the public works director. Such announcement shall be made between the hours of 6:00 a.m. and 11:00 p.m., by means of broadcasts or telecasts from not less than two radio or television stations with a normal operating range covering the city, and shall, if possible, also be made through newspapers of general circulation. Each such announcement shall state the time these snow emergency regulations became or will become effective. (b) Nothing contained in this division shall operate to prevent the public works director from stating in advance of 6:00 a.m. his intention to declare a snow emergency at or after that time, nor shall anything herein contained operate to prevent the public works director from announcing, through the means set forth in this section, that he has not declared a snow emergency. Page 316
Page 317 (Ord. No. 10-09-06, 22-732, 10-12-2010) Sec. 46-376. - Signs. Signs shall mark snow emergency routes on each street designated by this division as a snow emergency route. The public works department shall post special signs with the wording "Snow Emergency Route;" such signs shall be posted one per block in each direction of travel. (Ord. No. 10-09-06, 22-733, 10-12-2010) Sec. 46-377. - Record of declaration. The public works department shall make or cause to be made a record of the date and time on which the declaration of a snow emergency or the announcement of a parking prohibition is first made to the public, in accordance with the requirements of section 46-375, and the date, time and condition of any announcement made to the public of the termination of a snow emergency, either in part or in whole, in accordance with the requirements of section 46-378. (Ord. No. 10-09-06, 22-734, 10-12-2010) Sec. 46-378. - Termination of emergency. Whenever the public works director shall find that some of or all of the conditions which gave rise to the snow emergency no longer exists, he is authorized to declare the termination of the emergency, in part or in whole, effective immediately upon announcement, except that if such announcement be made other than 6:00 a.m. and 11:00 p.m. it shall be repeated between those hours. In the absence of any announcement by the public works director, whenever the roadway of an entire block of any snow emergency route street is substantially clear of snow from curb to curb, the parking of vehicles is authorized at those times when parking normally is permitted on such street. (Ord. No. 10-09-06, 22-735, 10-12-2010) Sec. 46-379. - Streets other than snow emergency routes Cleaning. It shall be the policy of the street department after snow removal has been declared by the city to clean all of the streets under the city's jurisdiction within one day. To effect this policy, the city shall be divided into three snow removal zones, generally described as follows: (a) Snow removal zone 1 shall consist generally of the downtown core area, Including Main Street from 8th Avenue North to 12th Avenue South. (b) Snow removal zone 2 shall consist generally of that area bordered on the west by Fifth Street, on the south by Melgaard Road, on the west by a line based on the location of Lawson street but extending north beyond the actual construction of Lawson Street, and on the north by Fifteenth Avenue. (c) Snow removal zone 3 shall consist of that area within the city limits but outside of snow removal zone 2. An official map showing the locations of the snow removal zones shall be on file in the finance office, and shall constitute the official delineation of the various snow removal zones. Page 317
Page 318 (Ord. No. 10-09-06, 22-736, 10-12-2010) Sec. 46-380. - Same parking. Upon the declaration of a snow emergency in accordance with this article: (a) It shall be unlawful for any person to park any vehicle on any public street or alley within snow removal zone 1 until such public street or alley has been cleared of snow from curb to curb. (b) It shall be unlawful for any person to park any vehicle on any public street or alley running north/south within snow removal zone 2 until the earlier of: (1) The street being cleared of snow from curb to curb; or (2) 1:00 p.m. following the declaration of the snow emergency. (c) It shall be unlawful for any person to park any vehicle on any public street or alley running east west within snow removal zone 2 until the earlier of: (1) the street has been cleared of snow from curb to curb; or (2) 6:00 p.m. on the day following the declaration of the snow emergency. (d) It shall be unlawful for any person to park any vehicle on any public street or alley within snow removal zone 3 until such public street or alley has been cleared of snow from curb to curb. (e) It shall be unlawful for any person to park in any public parking lot from 6:00 p.m. on the day following the declaration of the snow emergency until said public parking lot shall have been completely cleared of snow. (Ord. No. 10-09-06, 22-737, 10-12-2010) Sec. 46-381. - Same Removal of vehicles. All regulations relative to the removal of illegally parked vehicles as set forth in this article shall apply to sections 46-370 46-373. (Ord. No. 10-09-06, 22-739, 10-12-2010) Sec. 46-382. - Same Remainder of division not affected. Sections 46-380 through 46-383 shall not in any manner be held to amend or modify the provisions of sections 46-366 through 46-378 except as herein specifically set forth, and all other parts of said sections with reference to the declaring of a snow emergency and the parking of vehicles during such snow emergency shall be and remain in full force and effect. (Ord. No. 10-09-06, 22-740, 10-12-2010) Sec. 46-383. - Penalty. In addition to any other penalty attaching to a city ordinance violation, any person who violates any section of this division shall be subject to an administrative penalty not to exceed $200.00. (Ord. No. 10-09-06, 22-741, 10-12-2010) Page 318