Ordinances

General Ordinances


Ordinance 764
July 1, 2010

Golf Carts - Sections 10.67.10 through 10.67.15.
Effective: July 1, 2010.

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Public Safety Ordinances


Alchohol

9.32.020 Alcoholic Beverages‑‑Consumption and open containers prohibited in Public places‑‑Penalty

A) No person shall drink or consume any intoxicating liquor or alcoholic beverage, or have in his possession in a public    building or on any street, alleys, sidewalks, parking lots, any package, bottle, glass or other container of intoxicating liquor, beer, or wine, or to mix or blend any    alcoholic beverage with any other beverage, regardless of whether such beverage is an alcoholic beverage, which is not sealed as required by law. This section shall not apply to the premises of a licensed on‑sale dealer where such alcoholic beverage, beer, or wine was purchased from such dealer for on‑sale purposes. For the purpose of this section, a hospital or sanitarium shall not be deemed a public building.
B) Any person violating any provisions of this    section shall be guilty of a misdemeanor and the penalty for such violation shall be the same as those provided for in Chapter 1.16. (Ord. 451, Sec. 1, 2, 1978).


Fireworks/Firearms

9.48.010 Firearms and fireworks Prohibited where
It is unlawful for any person to, within the corporate limits of the city, or within one mile of said corporate limits, discharge or shoot off any pistol, gun or any other firearm or discharge


Parking

10.60.060 Parking prohibited during street maintenance and snow removal
Parking upon any street, avenue, alley or city parking lot is prohibited when: 1) Members of the street department are working or preparing to work within a marked area; or 2) Snow of an amount equal to or greater than two inches has fallen until the snow has been removed.
Any vehicle which is parked in violation of this section may be towed and impounded in accordance with Chapter 10.52.
A parking ticket or citation may be issued to the driver if known, or to the registered owner for a violation of this section. (Ord. 443, Sec. 1, 2, 1977; Ord. 577, Sec. 1, 1992; Ord. 738, Sec. 1, 2007).

10.60.080 Personal property parked in streets
It shall be unlawful to place any personal property upon the City’s rights of way for longer than 24 hours, except standard passenger motor vehicles with vehicle lengths of less than twenty-two (22) feet, and except that personal property allowed by permit from the City of Milbank. This ban includes but is not limited to recreational vehicles, unhitched trailers, hitched trailers, snow mobiles and semi tractors and trailers. Each day such violation is committed or permitted to continue shall constitute a separate offense as a misdemeanor and the penalty for such offense shall be the same as those provided for in Chapter 1.16. (Ord. 649, 1997)


Curfew

9.84.020 Definitions

In this section:
(1) Curfew Hours mean:
(a) 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 a.m. of the following day; and
(b) 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday.
(2) Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
(3) Establishment means any privately-owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.
(4) Guardian means:
(a) A person who, under court order, is the guardian of the person of a minor; or
(b) A public or private agency with whom a minor has been placed by a court.
(5) Minor means any person under 17 years of age.
(6) Operator means any individual, firm, association, partnership, or corporation operation, managing, or conduction any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
(7) Parent means a person who is:
(a) A natural parent, adoptive parent, or step-parent of another person; or
(b) At least 18 years of age and authorized by a parents or guardian to have the care and custody of a minor.
(8) Public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common area of schools, hospitals, apartment houses, office buildings, parking lots, transport facilities, and shops.
(9) Remain means to:
(a) Linger or stay; or
(b) Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
(10) Serious bodily injury means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. (Ord. 740, 2007)

9.84.030 Offenses.
(1) A minor commits an offense if he remains in any public place or on the premises of any establishment within the city during curfew hours.
(2) A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours.
(3) The owner, operator, or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours. (Ord. 740, 2007)


Disorderly Conduct

9.52.010 Fighting and other Disturbances Prohibited
Any person who fights or threatens to fight or commit an assault, or an assault and battery, or uses violent or threatening language or makes any great noise so as to disturb the peace of the city or any lawful assembly of persons or of any neighborhood family, person or persons shall, upon conviction thereof, be punished as set forth in Chapter 1.16. (Ord. 387, Sec. 2(part), 1974; Ord. 143,    Sec. 408, 1926).

9.52.030 Crowds on streets
It is unlawful for persons to gather in crowds or groups, or for any person to stand on any public street or sidewalk in the city, in such a manner as to obstruct free passage thereon, or to annoy other persons passing along the same, and the chief of police or any policeman is authorized to disperse any crowd or group, or to cause the removal of any person violating the provisions of this section. A person found guilty of this section shall be punished as prescribed in Chapter 1.16. (Ord. 143, Sec. 410, 1926).

9.64.010 Sidewalks
Any person who defaces, paints upon, or marks upon, or causes the same to be done upon  any of the sidewalks or public property of the city   without first having procured written consent of the mayor of the city so to do shall, upon conviction   thereof, be punished as set forth in  Chapter 1.16. (Ord. 387, Sec. 2(part), 1974; Ord. 143, Sec. 400, 1926)


Animal

8.04.020 License required
It shall be unlawful for any person within the city to keep, maintain or have in his custody or under his control any dog or animal of the dog kind or any cat or animal of the cat family without first having obtained a license to do so from the city finance officer as provided in this chapter and without having paid the license fee therefore. (Ord. 538, Sec. 2, 1987; Ord 580, Sec. 2, 1993).

8.04.030 Dog or Cat‑‑At Large
It shall be unlawful for any owner to allow any dog or cat to run at large. (Ord. 253, Sec. 3(a), 1954: Ord 580, Sec. 8, 1993; Ord. 629, Sec. 1, 1995)).

8.04.051 Animals disturbing the Peace
(a) No person owning and no person keeping, harboring or having on property occupied by him any dog, cat or other animal, licensed or unlicensed, confined on the premises or otherwise, shall suffer or permit such animal to disturb the peace and quiet of the neighborhood by making loud and/or unusual noises, or shall suffer or permit such animal to disturb the peace and quiet of the neighborhood by persistent or constant barking, howling, whining, snarling or growling.
(b) Upon complaint being made to the police department that any person owns or is keeping or harboring any animal which disturbs the peace as herein set forth, the police department shall be empowered to immediately take possession of said animal and to impound said animal. The police department shall leave in a conspicuous place notice of said impoundment and the address and phone number of the City pound where the animal is being taken.  The police department shall in addition to the notice left at the place where the animal was taken into possession shall send written notice to the resident of said address or to the owner of the animal, if known. The police department shall further attempt to contact the owner or the person keeping, harboring or having on his property said animal by telephone. Any contact made by the police department shall include the place where the animal is being held and the phone number of the place where the animal is being held.
(c) In addition to the impounding of such animal or other   penalties prescribed, the owner of the animal and the   occupant of the property on which the animal is being kept   or harbored during the times that the animal is disturbing   the peace shall be subject to a penalty as prescribed in   Chapter 1.16. (Ord. 253 Sec. 7, 1954; Ord. 390 Sec. (f),   1974: Ord. 580, Sec. 12, 1993).

8.04.055 Number limited per owner
It is unlawful for any owner to own, have in his possession, keep or harbor under any circumstances in excess of three dogs and cats, or, in the alternative, two dogs, or, two cats, as defined in this chapter. Not more than one cat may be female, unless cat is spayed provided, however, that if any female dog or cat bears a litter may be held in possession of such owner for a period of time not to exceed two months from their birth. (Ord. 538, Sec. 6, 1987).

8.04.056 Removal of Dog Waste
It shall be unlawful for an owner, keeper, caretaker or attendant of a dog or a cat to allow a dog or cat to defecate on public or private property other than his own, unless such owner, keeper, caretaker or attendant of the dog or cat immediately and thoroughly clean the fecal material from such property. Any person accompanied by any animal on public property or private property other than his own must carry with him visible means of cleaning up any fecal matter left by the animal. Service animals and animals used in parades are exempt from the provisions of this section. (Ord. 732, 2007)