South Dakota

Chapter 6.06      Snow Removal Parking Regulations

6.0601     Definitions: Snow Removal Alerts

                (A) Snow Removal Alert: Such times as there is a snow accumulation on the public streets of two (2) inches or more, or such times as the Mayor, street superintendent or designated representative declares that snow removal operations on the public streets will commence and that the provisions of this chapter in regard to parking restrictions on public streets during snow removal operations are effective and will be enforced.

6.0602     Declaration of Snow Removal Alert

                A Snow Removal Alert will occur automatically with the accumulation of two (2) inches of snow on the public streets or when the City representative designated determines that snow removal from the public streets will commence.  That person will announce through local news media and whatever other sources are available that a Snow Removal Alert has been declared; that the provisions of this chapter will be effective and be enforced; and designating a particular date and time when such alert shall commence. The determination to declare a Snow Removal Alert will be based on the then existing weather conditions and the amount of snow then on the ground or expected according to forecasts from the national weather service.

6.0603     Parking Prohibited

                Any time that two (2) inches or more of snow has accumulated, it shall be unlawful for any person to leave, allow, or let a vehicle, trailer, or other appurtenance to remain parked in the following locations until the snow has been plowed by the state highway department or removed from said street by the City, on both sides of said street, curb to curb:

(a) On the outside parking lanes of both sides of SD Highway 25, a/k/a Fourth Street, within the corporate limits of the City, from Dollard St. on the north end to Williams Street on the south end, upon said highway.

6.0604     Restricted Parking In All Areas Of The City During Snow Removal Alert

                (a) It shall be unlawful for any person to stop, stand, park or leave for a period in excess of 8 hours any motor vehicle, trailer, or other appurtenance upon any public street within the City following the declaration of a Snow Removal Alert, until such time as the street has been cleared of snow back to the curb line of the entire block on both sides of the street and snowfall accumulation has ceased.  This provision shall not prohibit the parking of vehicles in the core business area listed in section 6.0606 herein.  However, the parking prohibition for the core business area shall be established under section 6.0205 of this Chapter.

                (b)   Nothing in this section shall be construed to modify or change any regulations of the state highway department for state highways included as snow emergency routes or any provisions of Chapter 6.02 regulating parking for any purpose.

6.0605     Limited parking during Snow Removal Alert in core business area

                During a Snow Removal Alert, no person shall park or allow to remain parked any vehicle on any public street or avenue within the core business area of the City as that term is defined by Section 6.0206 between the hours of 2:00 a.m. and 7:00 a.m.

6.0606     Designation of core business area

                That area of the City of Scotland including and bounded by Poplar Street on the north, Fourth Street on the east, Juniper Street on the south, and Railway Street on the west, and including Main Street west of Fourth Street, is hereby designated as the core business area. 

6.0607     Interference With Snow Removal Operations

                It shall be unlawful for any person to interfere with the snow removal operations undertaken by the city and its employees. 

6.0608     Termination Of Snow Removal Alert

                After a Snow Removal Alert has been declared, there will be no declaration of its termination, but such alert shall terminate and the provisions of this Chapter shall no longer become effective nor enforceable as to any particular street or portion of a street, as soon as that street or relevant block thereof has been plowed and cleared of snow accumulation, curb to curb, on both sides of the street, after which normal parking may be resumed until the next declared Snow Removal Alert.

6.0609     Removal of vehicles; Towing

                The City may cause to be towed and impounded, any vehicle which is parked upon any public street in violation of any Section of this Chapter any time snow accumulation has reached two (2) inches or more or a Snow Removal Alert has otherwise been declared.  

6.0610     Vehicle Removal Records

                Is shall be the duty of the police department to keep a record of each vehicle removed in accordance with Section 6.0609.  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.

6.0611     Notice to owner and recovery

        Whenever the city has caused a vehicle to be removed from a street as authorized in Section 6.0609 the City shall send notice of removal by mail to the record title holder.  The record title holder may recover a vehicle that has been removed pursuant to this Chapter under the terms and conditions established in Section 6.0612 herein.

6.0612     Recovery of vehicles

                No person shall recover any vehicle removed in accordance with Section 6.0609 except as provided herein.  Before the owner or person in charge of such vehicle shall be allowed to recover it from the place where it has been placed or impounded, he shall present to a member of the police department evidence of his identity and right to possession of said vehicle, shall sign a receipt for its return, shall pay the cost of any fine, removal charges, and storage fees.  Until paid, these charges constitute a lien on the vehicle, which may be enforced in the same manner as a garage keeper’s lien in accordance with the provisions of the statute of South Dakota.


6.0699     Penalties

                Any person violating any provision of Chapter 6.06, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of one hundred Fifty ($150.00) dollars.  Each day that any such person shall violate any of the provisions of this ordinance shall constitute a separate offense and be punishable as such.

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