CODINGTON STATE OF SOUTH DAKOTA COUNTY OF … · 07/09/2019 · kler system installed in the...

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Public Notices

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Dakota newspapers can be found at

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CODINGTONSTATE OF SOUTH DAKOTACOUNTY OF CODINGTON

IN CIRCUIT COURTTHIRD JUDICIAL CIRCUIT

In the Matter of the Petition ofLOUIS KIRK CUDNEY

14CIV19-000285NOTICE OF HEARING

PETITION FOR CHANGE OF NAMETHE STATE OF SOUTH DAKOTA TO ALL PERSONS TO WHOM THESE PRESENTS MAY COME: NOTICE IS HEREBY GIVEN that Louis Kirk Cudney has filed with the Court his Petition to change his name to that of James Louis Gerlach, and that said Petition shall come on for hearing before the Court in the East Second Floor Courtroom in the Courthouse in the City of Watertown, Codington County, South Dakota on the 16th day of September, 2019, at 10:00 A.M., and that at such hearing the Court will determine whether to approve or reject the Petition for Change of Name as aforesaid. Done by the Court this 22nd day of August, 2019.BY THE COURT:Carmen MeansCircuit Court JudgeAttest:Barbara ZellerDeputy Clerk of Courts Published four times at the approximate

cost of $88.96.(August 24 & 31 and September 7 & 14,

2019)

CODINGTONCODINGTON COUNTYNOTICE TO BIDDERS

Codington County is soliciting sealed bids from interested and qualified firms (sprinkler/ plumbing contractors) to provide a fire suppression system for

Codington County Courthouse Fire Suppression Project

14 1st Ave. SEWatertown, SD 57201

Work to be in accordance with National Fire Protection Association (NFPA) 13 and the approval of the Authority Having Jurisdiction (AHJ) to design, install, test and place into service a fire suppression system for the first, second and third floors of the Historic Courthouse build-ing located in Watertown, SD. The work is to be completed with regard for the historical value of the courthouse. Work hours for noise producing activity must be coordinated with the facilities manager.This installation is to connect to the sprin-kler system installed over the past year in the ground floor and basement of the courthouse. During this previous installa-tion, a capped 6” (six inch) stand pipe was installed on the first floor (rotunda level) of the courthouse to provide a connection point for the installation solicited in this no-tice to bidders. A new water service has also been installed. In addition, a new fire alarm system has been installed. Field coordination of existing conditions will be required. Plastic pipe shall be used in con-cealed areas. Steel pipe shall be used in exposed areas. The portion of the sprin-kler system installed in the unheated por-tion of the third floor shall be a dry system.The Owner, Codington County, will re-ceive sealed bids until 9:00 AM Cen-tral Time on Tuesday, September 24, 2019. Bids received after this time will not be accepted. Deliver bids to:Codington County Auditor14 1st Ave. SEFirst Floor Room 109Watertown, SD 57201ATTN: Courthouse Fire SuppressionBids will be publicly opened and read during the regular meeting of the Board of County Commissioners which is scheduled to begin at 9:00 AM September 24, 2019 in the Commission Chamber located within the County Courthouse. A pre-bid meeting is scheduled for September 5, 2019 at 1:00 PM in the Commission Chamber of the County Courthouse to tour the spaces and re-view project requirements. An extract of floor plans is available at codington.org. Contact information to coordinate a review of paper documents is below. Bids shall be submitted on the basis of a stipulated sum and include a separate price for the alternate. Other types of bids will not be accepted. Bid Security in the amount of five percent of the bid must accompany each bid. Bids are required to be submitted under a condition of irrevocability for a period of 30 days after submittal. Owner reserves the right to waive irregularities and to reject bids. Owner may select any combination of bidder’s alternates at its discretion. Each bidder agrees to waive any claim it has or may have against the Owner, the Architect and respective employees, arising out of or in connection with the administration, evaluation or recommendation of any bid. By virtue of statutory authority, preference will be given to materials, products and supplies found or produced within the State of South Dakota.Direct communications regard-ing specifications for this proj-ect can be made to Chip PremusWatertown Fire Rescue (605-753-3368, [email protected]). Owner-related questions can be referred to Milo Ford, Codington County Facilities Manager (605-882-6255) or Lee Gabel, County Commissioner (605-880-1278). Codington County, South Dakota does not discriminate on the basis of race, color, na-tional origin, sex, religion, age, or disability in employment or the provision of services.Published twice at the total approximate

cost of $109.70.(August 31 & September 7, 2019)

WATERTOWNNotice of Hearing

Watertown Board of AdjustmentConditional Use and Appeal pursuant to the terms of the Watertown Zoning Ordi-nance by:OWNER/APPLICANT: Lonald Runnels / Daris RunnelsPROPERTY ADDRESS: 1825 4th Ave SWLEGAL DESCRIPTION: Lot 8 & E1/2 vacated walkway, Blk 1, Rancho Village Subdivision Pursuant to §21.2003(4) and §21.7101(2), applicant seeks approval for the replacement of an existing Type II manufactured home in the R-3 Multi-Family Residential District; and concurrently appeals the terms of the Zoning Ordinance as they apply to the property, seeking variances from Chapter 21.71 and Section 21.1001 to allow for noncompliant placement of the noncon-forming structure.A public meeting of the Board of Adjust-ment will be held, to consider this applica-tion, at City Hall Council Chambers, 23 2nd St. NE, Watertown, SD on Thursday, Sep-tember 19, 2019 at 4:15 PM. The com-plete agenda and supporting documents are available at the city’s website www.watertownsd.us, approximately one week prior to the meeting date.

Published once at the approximate cost of $20.76.

(September 7, 2019)

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Public Notices

CODINGTONSTATE OF SOUTH DAKOTA

IN CIRCUIT COURTCOUNTY OF CODINGTONTHIRD JUDICIAL CIRCUIT

FILE NO: 14PRO19-28IN THE MATTER OF

THE ESTATE OF KATHLEEN T. NEU-BERGER, DECEASED.

NOTICE TO CREDITORS Notice is given that on July 15, 2019, Val Neuberger, whose address is 117 Summerwood Dr., Watertown, South Dakota, 57201, was appoint-ed as personal representative of the estate of Kathleen Neuberger.Creditors of decedent must file their claims within four months after the date of the first publication of this no-tice or their claims may be barred.Claims may be filed with the person-al representative or may be filed with the clerk, and a copy of the claim mailed to the personal representative.Dated this 12th day of August, 2019./s/ Val NeubergerVal Neuberger117 Summerwood Dr.Watertown, SD, 57201Codington County Clerk of Courts 14 1st Ave SE Watertown, SD 57201 (605) 886-5095Bruce BauerBauer Law Office100 South Maple, Suite 203Watertown, SD 57201(605) 886-5360Published three times at the approximate

cost of $71.16.(August 31 and September 7 & 14, 2019)


Watertown Board of AdjustmentAPPEAL concerning requirements of the Watertown Zoning Ordinance by:OWNER/APPLICANT: Peschl Living Trust / Terry Peschl for Terry Peschl and Asso-ciates, Inc.PROPERTY ADDRESS: 719 W KempLEGAL DESCRIPTION: Lots 22-24, Blk 25, West Watertown Addition Applicant appeals the terms of the Zoning Ordinance as they apply to his property, seeking variances to allow for the en-largement of an existing nonconforming commercial building located in the C-3 Highway Commercial District.A public meeting of the Board of Adjust-ment will be held, to hear and rule on this application, at City Hall Council Cham-bers, 23 2nd St. NE, Watertown, SD on Thursday, September 19, 2019 at 4:15 PM. The complete agenda and supporting documents are available at the city’s web-site www.watertownsd.us, approximately one week prior to the meeting date.


(September 7, 2019)


Watertown Board of AdjustmentAPPEAL concerning requirements of the Watertown Zoning Ordinance by:OWNER/APPLICANT: Menard, Inc.ADDRESS: 2100 9th Ave SE, Watertown, SD 57201LEGAL DESCRIPTION: to be replatted to: Lots 1 Menards 4th Addition Applicant appeals the terms of the Zoning Ordinance as they apply to this property, seeking variances to allow for the enlargement of an existing legal nonconforming commercial structure, located in the C-3 Highway Commercial District, with a new nonconforming addition. A public meeting of the Board of Adjustment will be held, to hear and rule on this application, at City Hall Council Chambers, 23 2nd St. NE, Watertown, SD on Thursday, September 19, 2019 at 4:15 PM. The complete agenda and supporting documents are available at the city’s website www.watertownsd.us, approximately one week prior to the meeting date.


(September 7, 2019)

WATERTOWNPublic Hearing

Watertown Plan CommissionRequest for Approval of the

Preliminary Plan of The Lakes of Willow Creek Addition

In accordance with §24.0607 of Watertown’s Revised Ordinances, Jamie Andrews, J&J Land Sales, the owner of real property within the city limits of the Municipality of Watertown, South Dakota and described as:

“THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 117 NORTH, RANGE 52 WEST OF THE 5TH P.M., CODINGTON COUNTY, SOUTH DAKOTA, LESS THE MCLAUGHLIN WILLOW CREEK ADDITION; AND THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 117 NORTH RANGE 52 WEST OF THE 5TH P.M., CODINGTON COUNTY, SOUTH DAKOTA, LESS THE NORTH 200’ OF THE EAST 871.2’; AND LESS THE NORTH 200’ OF THE WEST 217.8’ OF THE EAST 1089’; AND LESS THE NORTH 225’ OF THE WEST 290.5’ OF THE EAST 1379.5’ OF SAID S.1/2 OF THE N.E.1/4; AND LESS LOT 3 STROMSETH EAST SIDE 1ST ADDITION; AND LESS STROMSETH WILLOW CREEK ADDITION; AND LOT 2 OF THE NORTHERN CON-AGG ADDITION LESS THE SOUTH 674.53’ OF THE NORTH 707.53’ OF THE EAST 454.65’.”

Has submitted a Preliminary Plan of The Lakes of Willow Creek Addition for consideration by the Watertown Plan Commission during a public hearing to be held in the City Council Chambers, 23 Second Street NE, Watertown, SD on Thursday, September 19th, 2019 at 4:15 p.m.Brandi Hanten, Urban Planner


(September 7, 2019)

CODINGTONOfficial Proceedings

County of Codington, Watertown, South Dakota

Codington County Courthouse14 1st Ave SE

August 27, 2019The Codington County Commissioners met in regular session at 9:00 a.m., Tuesday, August 27, 2019, at the Codington County Courthouse. Commission members present were: Lee Gabel, Charlie Waterman, Myron Johnson, and Troy VanDusen; Commissioner, Brenda Hanten, was present via telecom; Chairman, Myron Johnson, presiding. Chairman, Myron Johnson, led the pledge of allegiance.CONFLICT OF INTEREST ITEMSThere was no conflict of interest items to note.CALLS FOR PUBLIC COMMENTChairman Johnson called for public comments for the Open, none were forthcoming.AGENDA APPROVEDMotion by Hanten, second by VanDusen, to approve the agenda as posted; all voted aye; motion carried. MINUTES APPROVEDMotion by Hanten, second by Gabel, to approve the minutes of August 20, 2019; all voted aye; motion carried.MONTHLY REPORTS Emergency Management Director, Jim Sutton, updated the Board on the following: FEMA scoping meeting August 14, the County has 60 days from this date to input all disaster information into the FEMA portal; City Department Head meeting August 28; 911 Board meeting August 29; State E.M. Conference September 9 through September 12; LEPC meeting September 17; LATI Law Enforcement Advisory Committee meeting September 20; Annual Veterans/First Responders Appreciation Day September 19. Mr. Sutton has been in contact with the National Weather Service regarding the flood monitoring gauges on the Big Sioux River and concerns with the difference between the gauges on Sioux Conifer Road and the river at Broadway and the determination of flood stage warnings. Development of the “Stop the Bleed” project continues and hosting of ICS classes is scheduled for October, November and January.Sheriff, Brad Howell, provided the Board with the following statistics, compiled during the month of July 2019, for the Detention Center and Sheriff’s Office: Fees collected in the amount of $9,995.79 were retained by the County; 620 cases/calls for service; response to 16 accidents; 84 arrest warrants served; 226 sets of civil papers served; 6,827 inmate transport miles; average daily inmate population 75.45 (high of 85 and low of 60); 18 individuals wearing SCRAM (security continuous remote alcohol monitor) bracelets; 59 individuals testing twice daily for PBT’S; 69 individuals reporting twice weekly for UA Drug testing; 263 bookings; $21,728.90 collected in fees for out of county prisoner contracts; $9,290.00 collected in work release fees; $6,107.00 collected in fees for the 24/7 program; and $4,134.00 collected in SCRAM fees, which were remitted to the office of the SD Attorney General. Sheriff Howell provided the Board with the following statistics from the 60.5 days since the security system access was implemented: 23,600 persons have come through the metal detector; 3,770 bags/packages have gone through the x-ray machine; 650 bladed weapons turned back; 19 canisters of mace turned back; 82 types of other weapons turned back; and averages of 390 persons daily; 62 bags scanned daily; and 10.7 weapons turned away daily. Sheriff Howell reviewed the MeND Care operation currently in place in the Detention Center and savings seen to date. Sheriff Howell advised the Board a grant application has been submitted to Firehouse Subs for funding to replace gas masks for deputies.LOCAL EMERGENCY MANAGEMENT PERFORMANCE GRANTEmergency Management Director, Jim Sutton, presented the Board with the FY2020 Local Emergency Performance Grant (formerly known as the State and Local Agreement), which provides counties with Federal funding for 50% of the salaries of the Emergency Management Director and Secretary. Notification has been received of an estimated $67,227.64 in funding for Codington County. Motion by Gabel, second by VanDusen, to authorize the Chairman to sign the FY2020 Local Emergency Management Performance Grant Sub-Recipient Agreement between Codington County and the South Dakota Department of Public Safety; all voted aye; motion carried.RESOLUTION 2019-20 “DON EGERT DAY” AUGUST 30, 2019Commissioner, Troy VanDusen, recited Resolution 2019-20 proclaiming “Don Egert Day” in observance of the pending retirement of KXLG, Assistant News Director, Don Egert. Motion by Gabel, second by VanDusen, to approve the following resolution; all voted aye; motion carried:

CODINGTON COUNTYRESOLUTION 2019-20

“DON EGERT DAY”WHEREAS, Don Egert has been employed in the radio broadcast industry for over 70 years in ownership, management and broadcaster positions, dedicating his life to serving the residents of Western Minnesota and Eastern South Dakota and,WHEREAS, Don Egert has been employed by KXLG radio for over nine years as the assistant news director and in that capacity has vigorously followed the proceedings of County Government and,WHEREAS, Don Egert has afforded excellent media coverage of commission meetings and has provided valuable information to the listeners and,WHEREAS, Don Egert will be leaving his position on August 30th, 2019 to spend more time on personal activities now,THEREFORE, BE IT RESOLVED, that the Board of Codington County Commissioners do declare Friday, August 30th, 2019, as “DON EGERT DAY” in Codington County and,BE IT FURTHER RESOLVED, this resolution is to be spread upon the minutes of the Commissioners of Codington County.Dated this 27th day of August, 2019Myron JohnsonChairman County Commissioners ATTEST:Cindy BrugmanCodington County AuditorHAND RAILING PROJECTDeputy Maintenance Supervisor, Jeff Hershman, presented the Board with a cost proposal, in the amount of $9,457.50, to install additional hand railings on the staircase between ground and first of the Courthouse. This project comes as a result of a recommendation from Safety Benefits due to increasing slip and fall incidents in that area. Motion by Hanten, second by VanDusen, to approve the hand railing project. Discussion was held regarding the cost of the project and time-line for starting the project. Upon vote of the Board; all voted aye; motion carried. TEMPORARY STAFFING MILEAGE REIMBURSEMENTMotion by Gabel, second by Hanten, to approve mileage reimbursement for Courthouse staff who travel to Memorial Park to temporarily man the reservation desk; all voted aye; motion carried. The Board encouraged the use of a County vehicle for this travel if at all possible.RESOLUTION OF SUPPORT FOR A SEAT ON THE SDPAA BOARD OF DIRECTORSAuditor, Cindy Brugman, requested a resolution of support for her application to the SDPAA Executive Board of Directors. Motion by Johnson, second by Hanten, to approve Resolution 2019-19; all voted aye; motion carried.

RESOLUTION 2019-19WHEREAS, The SD Public Assurance Alliance, which is a risk-sharing pool comprised primarily of South Dakota cities and counties; has an open seat on its Board of Directors; andWHEREAS, Codington County has been a member of the SDPAA, since 1989, and recognizes the importance of having representation on the Board of Directors of the SDPAA; andWHEREAS, County Auditor, Cindy Brugman, has expressed an interest in serving on the SDPAA Board of Directors; andWHEREAS, the SDPAA board member eligibility rules require a candidate to be supported by a resolution of their governing board;THEREFORE BE IT RESOLVED, that the Codington County Board of Commissioners does support the candidacy of Codington County Auditor, Cindy Brugman, to the SDPAA Board of Directors for a three-year term beginning on January 1, 2020; subject to nomination by the SDPAA Nominating Committee, and then subject to election by the SDPAA Members in attendance at the SDPAA Annual Meeting on October 9, 2019.Dated this 27th day of August, 2019Myron JohnsonChairmanTroy VanDusenVice ChairD. Lee Gabel CommissionerCharlie WatermanCommissionerBrenda HantenCommissionerATTEST:Cindy BrugmanCounty Auditor SALARY CLAIMSMotion by VanDusen, second by Hanten, to approve for payment August salary claims; all voted aye; motion carried: Commissioners: 10,242.67 total salaries. Auditor: 20,944.47 total salaries. Co. Treasurer: 30,120.31 total salaries. States Attorney: 38,231.01 total salaries; Becca Reiter 5695.02 step increase. Gov. Buildings: 18,640.98 total salaries. Dir. Equalization: 41,528.69 total salaries. Reg. of Deeds: 20,682.81 total salaries. Veterans Service: 10,176.47 total salaries. Sheriff: 92,731.72 total salaries. Co. Jail: 107,482.07 total salaries; Tasha Vohlken new hire PT 17.81 per hr.; Jessica Johnson new hire PT 18.95 per hr.; Ryan Elliott new hire PT 17.81 per hr.; Shawn Nills FT 3314.70 per month; Leah Ruby 3196.38 step increase; Laurie Smith 19.56 per hr. step increase; Kelly Oelrich 3765.36 step increase. Welfare: 5,742.78 total salaries; Kimary Larson new hire PT 16.7 per hr. County Nurse: 4,588.46 total salaries. Co. Park: 10,734.04 total salaries. Ag. Bldg.: 8,223.93 total salaries. Co. Extension: 9,544.10 total salaries. Weed Control: 7,719.60 total salaries. Planning Board: 342.43 total salaries. Road & Bridge: 92,154.18 total salaries; Dave Hedding 4292.58 step increase. Emergency Management: 12,038.93 total salaries. Crime Victim: 6,563.68 total salaries. W.I.C.: 4,170.55 total salaries. Total 552,603.88. Breakdown of withholding amounts which are included in the above: S.D. Retirement 50,109.92; S.D. Retirement 161.52 spouse option; S.D. Supplemental Retire. 4,985.00 suppl. retire.; Sanford 68,194.25 ins.; Reliance Standard Life Insurance 455.30 life ins.; Delta Dental 6,448.88 ins.; Avesis 867.93 ins.; Nationwide Retire. Sol. 25.29 suppl. retire.; AFSCME Council 65 519.20 employee union dues; AFLAC 4,323.13 ins.; John Hancock 4,130.00 suppl. retire.; AFLAC 783.88 ins.; Watertown United Way 65.00 employee contributions; Office of Child Support 535.00 employee payments; Sioux Valley Credit Union 23,547.00 employee payments; Cod. Co. Treasurer 32,200.00 employee monthly draw; SDRS Supplemental Retirement 4,450.00 Roth retirement; Teamsters Local Union 120 163.00 employee union due; Codington County Deputy Sheriff’s Association 120.00 employee union dues; ReliaBank Dakota 36,563.33 federal withholding; ReliaBank Dakota 63,241.74 social security; Accounts Management 150.00 employee garnishment; Credit Collections Bureau 155.75 employee garnishment; Barbara Curtis 800.00 employee payment. 2020 BUDGET DISCUSSIONCommissioner, Lee Gabel, introduced the possibility of budgeting in 2020 for funding for a consultant to study improving the criminal case processing of inmates in the Codington County Detention Center. Further discussion will be held during the 2020 Provisional Budget public hearings in the month of September 2019. RESOLUTION TO AMEND THE CCJAC CHARTERCommissioner, Lee Gabel, presented to the Board, for their consideration, a resolution to amend the CCJAC charter with the following language: • In light of the complexity of the criminal

justice process and factors that influence that process, the CCJAC shall:

o Provide a forum for discussion of ideas to improve the criminal justice process and control the inmate population of the Codington County Detention Center

o Facilitate awareness and coordination of community efforts to improve the criminal justice process and control the inmate population of the Codington County Detention Center

o Provide information and offer recommendations to the Commissioners

No action was taken at this time.AUTOMATIC BUDGET SUPPLEMENTMotion by Hanten, second by Gabel, to approve automatic budget supplements to the Auditor’s expenditure budget in the amount of $1,500.00 and to the Road & Bridge expenditure budget in the amount of $9,375.40, with unanticipated reimbursement funds; all voted aye; motion carried.TRAVEL REQUESTSMotion by Hanten, second by VanDusen, to approve the following travel requests; all present voted aye; motion carried: Emergency Management Director and Emergency Management Secretary, Emergency Management Conference and Highway Supt., Annual Regional Local Road Conference.EXECUTIVE SESSIONMotion by Hanten, second by VanDusen, to enter into executive session at 10:07 a.m., per SDCL 1-25-2, preparing for contract negotiations with employees or employee’s representatives; all voted aye; motion carried. The Board returned to regular session at 10:10 a.m., no action was taken. Human Resource Director, Terry Satterlee was present for executive session.ADJOURNMENTThere being no further business to come before the Board a motion was made by Hanten, second by VanDusen, to adjourn at 10:10 a.m., until 9:00 a.m., Tuesday, September 3rd, 2019; all voted aye; motion carried.ATTEST:Cindy BrugmanCodington County AuditorCodington County does not discriminate on the basis of color, national origin, sex, religion, age, or disability in employment or the provision of service.


(September 7, 2019)

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(September 7, 2019)

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(September 7, 2019)

WATERTOWNORDINANCE NO. 19-11

AN ORDINANCE AMENDING CHAPTER 3.01 OF THE REVISED ORDINANCES OF THE CITY OF WATERTOWN RE-GARDING DANGEROUS AND VICIOUS

DOGSBE IT ORDAINED by the City of Water-town, South Dakota, that Chapter 3.0101 of the Revised Ordinances of the City of Watertown be amended as follows: 3.0101: DEFINITIONS Animal Control Officer: any person em-ployed or appointed by the City who is authorized to investigate and enforce vio-lations relating to animal control or cruelty under the provisions of this Ordinance. the person designated by the Mayor who shall work under the direction of the Police De-partment for the enforcement of this chap-ter. (E-397-1) (E-420-1).Dangerous Dog: A canine or canine crossbreed that has bitten, attacked, or inflicted injury on a companion animal or killed a companion animal. A canine or canine crossbreed is not a dangerous dog if, upon investigation, the animal control officer finds that (i) no serious physical injury, as determined by a licensed vet-erinarian, has occurred to the dog or cat as a result of the attack or bite; (ii) both animals are owned by the same person; or (iii) such attack occurred on the property of the attacking or biting dog’s owner or custodian; orA canine or canine crossbreed that has bitten, attacked, or inflicted injury on a person. A canine or canine crossbreed is not a dangerous dog if, upon investiga-tion, the animal control officer finds that the injury inflicted by the canine or canine crossbreed upon a person consists solely of a single nip or bite resulting only in a scratch, abrasion, or other minor injury.No animal shall be found to be a danger-ous dog if the threat, injury, or damage was sustained by a person who was (i) committing, at the time, a crime upon the premises occupied by the animal’s owner or custodian; (ii) committing, at the time, a willful trespass upon the premises occu-pied by the animal’s owner or custodian; or (iii) provoking, tormenting, or physical-ly abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. No animal that, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, a person, or its own-er’s or custodian’s property, shall be found to be a dangerous or a vicious dog.No dog shall be found to be a dangerous dog if the Animal Control Board or a Court determines, based on the totality of the ev-idence before it, or for other good cause, that the dog is not dangerous or a threat to the community.Serious injury: an injury having a reason-able potential to cause death or any inju-ry other than a sprain or strain, including serious disfigurement, serious impairment of health, or serious impairment of bodily function and requiring significant medical attention.Vicious dog: a canine or canine cross-breed that has (i) killed a person, (ii) inflict-ed serious injury to a person, or (iii) contin-ued to exhibit the behavior that resulted in a previous finding by a court, the Animal Control Board, or the animal control officer as authorized by ordinance that it is a dan-gerous dog, provided that its owner has been given notice of that finding.No animal shall be found to be a vicious dog if the threat, injury, or damage was sustained by a person who was (i) com-mitting, at the time, a crime upon the premises occupied by the animal’s owner or custodian; (ii) committing, at the time, a willful trespass upon the premises occu-pied by the animal’s owner or custodian; or (iii) provoking, tormenting, or physical-ly abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. No animal that, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, a person, or its own-er’s or custodian’s property, shall be found to be a dangerous or a vicious dog. No dog shall be found to be a vicious dog if the Animal Control Board or a Court de-termines, based on the totality of the evi-dence before it, or for other good cause, that the dog is not vicious or a threat to the community.BE IT FURTHER ORDAINED by the City of Watertown, South Dakota, that Chapter 3.0104 of the Revised Ordinances of the City of Watertown be amended as follows:3.0104: DANGEROUS AND VICIOUS DOGS1. A dog may be declared vicious within

the meaning of this section when a propensity to attack, bite, or menace human beings such that a person has a reasonable fear that they are in im-minent danger of an attack, shall exist and is known or ought reasonably to be known to the owner. Such decla-ration may be made by the Animal Control Officer, his deputy, or any of-ficer of the Police Department. Such declaration shall be made on the stan-dard form of a uniform traffic citation but shall not serve as a complaint for a criminal offense. Such declaration shall be served upon the owner of the dog in one of the following manners:

a. Personal service upon the owner;b. Personal service upon the owner

or a resident of the premises upon which the dog is located;

c. Posting such declaration upon the front door, above the mailbox on the residence or on a conspicuous location near the kennel of the an-imal. For purposes of this section should a residence consist of a multifamily unit, the posting need only be made on an entrance to the building facing a city street or common parking lot. Such posting shall include the date of first post-ing which shall constitute the date of service.

2. No vicious dog shall be allowed off the premises of its owner unless muzzled, on a leash, and in charge of the owner or a member of the owner’s family who is over sixteen (16) years of age.

3. No vicious dog shall be allowed in an area on the premises which are not in-cluded within a six (6) foot solid wall in which no path of ingress or egress ex-ists except for one gated and latched entrance which must be locked at any time the dog is in the enclosure.

4. Any vicious dog which is found off the premises of its owner other than pro-vided herein shall be seized by the Animal Control Officer and/or Police Officer and impounded. If the dog can-not be captured without risking injury to the Animal Control Officer and/or Police Officer, it may be destroyed. Further, if the dog has been seen run-ning at-large, or bites a person and it can be witnessed, the Animal Control Officer or a Police Officer may order the owner to deliver the dog to the pet shelter within twenty four (24) hours and the owner ordered to appear in court to show cause why this dog should not be destroyed. Such order may be served in the same manner as the declaration of vicious dog de-scribed in (1) above. (E-259-2) (E-707) (Ord 16-08; Rev 07-18-16).

A. Purpose and Intent. The purposes of this section are to promote the public health, safety and general welfare of both the citizens of the City of Water-town and other domestic animals. It is intended to be applicable to dangerous and vicious dogs, as defined herein, and to ensure responsible handling by their owners.

B. Procedure for Initiating an Investi-gation into a Dog’s Dangerousness or Viciousness.

1. The Animal Control Officer may initiate an investigation into the dangerousness of an animal based on his or her own obser-vations.

2. Any adult person may request that an animal be investigated as to its dangerousness by sub-mitting a written complaint to the Watertown Police Department on a form to be provided for such complaints. Upon receipt of the complaint, the Animal Control Of-ficer shall notify the owner of the animal that a complaint has been filed and that an investigation into the allegations as set forth in the complaint will be conducted. The Animal Control Officer will initiate his or her investigation within two (2) business days after receipt of the complaint.

3. At any time during the course of an investigation, the Animal Control Officer may impound the animal being investigated if the Animal Control Officer determines that the public safety so requires.

C. Investigation.1. The Animal Control Officer shall

thoroughly investigate each com-plaint to determine if the dog is dangerous or vicious, as each of those terms are defined here-in. The Animal Control Officer shall consider all relevant fac-tors including, but not limited to, severity of injury to the victim, statements from witnesses/vic-tims, previous aggressive history of the dog, observable behavior of the dog, and circumstances of the incident.

2. At the conclusion of an investi-gation, the Animal Control Officer may:

a. Find that the dog is neither vicious nor dangerous and, if the dog is impounded and not quarantined pending a rabies evaluation, release the dog to its owner upon payment of any required impoundment or pickup fees; or

b. Find that the dog is danger-ous and order the owner to comply with the requirements for keeping dangerous dogs set forth in subsection I. of this section, and, if the dog is impounded and not quar-antined pending a rabies evaluation, release the dog to its owner after the owner has paid all required impound-ment or pickup fees and complied with the relevant parts of subsection I. of this section. If all impoundment fees have not been paid and conditions met within ten (10) business days after the own-er receives notice that the Animal Control Officer has found the dog to be danger-ous, the Animal Control Offi-cer may cause the dog to be humanely euthanized. The humane euthanization shall not relieve the owner of the responsibility for payment of impoundment or pickup fees.

c. Find that the dog is vicious and order the dog humanely euthanized in accordance with subsection J. of this section.

D. Notification of Dangerous or Vi-cious Dog Finding.

1. Within three (3) business days after finding a dog dangerous or vicious, the Animal Control Officer shall notify the owner by personal service of the dog’s designation as a dangerous or vicious dog. In the case of a dangerous dog, the notice shall state the required restrictions and conditions for keeping the dog, as set forth in subsection I. of this section. In the case of a vicious dog, the Animal Control Officer shall notify the owner that, absent a success-ful appeal to the Animal Control Board, the dog will be humanely euthanized following the tenth business day after either the declaration by the Animal Control officer or the determination of the Animal Control Board, whichever is later. The Animal Control Officer also shall also forward to the City Attorney and the Assistant Chief of Police a written report describ-ing the designation of any dog as a dangerous or vicious dog. The notification shall describe the dog and specify any requirements or conditions placed upon the dog or owner.

2. The notice shall inform the own-er that he or she may request, in writing, within five (5) business days after delivery of the notice, a hearing to contest the Animal Control Officer’s finding and des-ignation and shall contain instruc-tions on how to appeal the finding and designation.

E. Notification to complainant. In all cases, the Animal Control Officer shall notify the complainant of the Animal Control Officer’s finding and designation within three (3) business days of making the finding and designation. Notice to the complainant shall be made by first class mail, and shall contain instructions on how to ap-peal the finding and designation.

F. Humane euthanization of unclaimed animal. If the Animal Control Officer cannot with due diligence locate the owner of a dog that has been seized pursuant to this section, the Animal Control Officer shall cause the dog to be impounded for not less than ten (10) business days. If, after ten (10) business days, the owner fails to claim the dog, the Animal Control Officer may cause the dog to be humanely euthanized.

G. Hearing on dangerous or vicious declaration.

1. If the owner or complainant dis-agrees with the Animal Control Of-ficer’s finding and determination, he or she may request, in writing to the Watertown Police Depart-ment, a hearing before the Ani-mal Control Board within five (5) business days after receiving the Animal Control Officer’s determi-nation. The Animal Control Board shall hold a hearing not less than three (3) nor more than ten (10) business days after receiving the owner’s or complainant’s written request for such a hearing. The purpose of the hearing shall be to uphold, overturn or modify the An-imal Control Officer’s finding and determination. The Chair of the Animal Control Board shall pro-vide notice of the date, time and location of the hearing to the dog’s owner by personal service and to the complainant by first-class mail. Notice must be received by the owner and complainant a minimum of two (2) business days prior to the hearing.

2. At the hearing, all interested per-sons shall be given the opportu-nity to present evidence on the issue of the dog’s dangerousness or viciousness. Criteria to be con-sidered in a hearing required by this section shall include, but not be limited to, the following:

a. Provocation;b. Severity of attack or injury to

a person or domestic animal;c. Previous aggressive history

of the animal;d. Observable behavior of the

animal;e. Site and circumstances of the

incident; andf. Statements from interested

parties.3. The Animal Control Board shall

issue a decision upholding or overturning the Animal Control Officer’s determination. The deci-sion may be issued verbally at the hearing but, in any case, shall be issued in writing and personally served on the dog’s owner within three (3) business days after the hearing.

4. A determination by the Animal Control Board that the dog is a dangerous dog shall subject the animal and its owner to the pro-visions of subsection I. of this section. A determination that the animal is a vicious dog shall result in the vicious dog being humanely euthanized not less than ten (10) business day following receipt of notice of the Animal Control Board’s decision.

5. Failure of either the owner or the complainant to request a hearing within the prescribed time shall re-sult in the Animal Control Officer’s determination being final.

H. Appeal from dangerous or vicious dog declaration. If the Animal Control Board determines that a dog is dangerous or vicious after a hear-ing conducted under subsection G. of this section, that decision shall be final unless the owner or complainant, with-in 10 business days after receiving no-tice that the dog has been determined to be dangerous or vicious, applies to the South Dakota Circuit Court, Third Judicial Circuit, for any remedies that may be available.

I. Keeping of dangerous dogs. No per-son may keep within the boundaries of the city any dangerous dog unless the following conditions are met:

1. Leash. No person having charge, custody, control or possession of a dangerous dog shall allow the dog to exit its kennel, pen or other proper enclosure unless the dog is securely attached to a leash not more than 4 feet in length. No such person shall permit a dangerous dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person capable of controlling the dog is in physical control of the leash and the leash is not more than 4 feet in length.

2. Muzzle. It is unlawful for any owner or keeper of a dangerous dog to allow the dog to be outside of its proper enclosure, even when on a leash, unless it is necessary for the dog to receive veterinary care or exercise. In such cases, the dog shall wear a properly fitted muzzle to prevent it from biting humans or other animals. The muzzle shall not interfere with the dog’s breathing or vision.

3. Confinement. Except when leashed and muzzled as provided in this section, a dangerous dog shall be securely confined indoors or confined in a locked pen or other secure enclosure that is suitable to prevent the dog from escaping. The enclosure shall include shelter and protection from the elements and shall provide adequate exercise room, light and ventilation. The en-closed structure shall be kept in a clean and sanitary condition and shall meet the following require-ments:

a. The structure must have se-cure sides and a secure top;

b. The structure must have a bottom permanently attached to the sides or the sides must be embedded not less than 1 foot into the ground; and

c. The structure must be of a material and closed in a man-ner that the animal cannot exit the enclosure on its own.

No dangerous dog shall be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit the building on its own volition. In addition, no dangerous dog shall be kept in a house or structure when screen windows or doors are the only obstacle preventing the dog from exiting the structure.

4. Insurance. The owner of a dan-gerous dog shall maintain liability insurance coverage in the amount of at least one-hundred thousand dollars ($100,000) for death and bodily injury per person, two-hun-dred thousand dollars ($200,000) for death and bodily injury per in-cident, and twenty-five thousand dollars ($25,000) for property damage, which may result from actions of the dangerous dog, or from actions or inactions of the owner of the dangerous dog. Proof of the required insurance coverage shall be provided to the Animal Control Officer upon demand.

5. Notification of escape. The owner or keeper of a dangerous dog shall immediately notify the Watertown Police Department if the dog escapes from its enclo-sure or restraint and is at large. The immediate notification shall also be required if the dog bites or attacks a person or domestic animal or livestock.

6. Failure to comply. It is unlawful and a Class II misdemeanor, sub-ject to the punishment provisions in Section 3.9901, for any owner of a dangerous dog to fail to com-ply with the requirements and conditions set forth in this sec-tion. Any dog found by the Animal Control Officer to be in violation of this section, and whose owner has previously been convicted of failure to comply pursuant to this section, shall be immediately seized and humanely euthanized as soon as reasonably practicable on the second business day after seizure.

J. Humane euthanization of vicious dogs. It is unlawful and a Class II misdemeanor, subject to the punish-ment provisions in Section 3.9901, for any owner of a vicious dog to possess any vicious dog in the city limits. All dogs finally determined to be vicious, either by declaration of the Animal Control Officer or an unsuccessful ap-peal to the Animal Control Board, shall be humanely euthanized following the tenth business day after either the dec-laration by the Animal Control Officer or the decision of the Animal Control Board, whichever is later, unless the decision of the Animal Control Board is appealed to South Dakota Circuit Court.

K. Change of ownership.1. Any owner of a dangerous dog

who sells or otherwise transfers ownership, custody or residence of the dog shall, within 10 busi-ness days after the change of ownership or residence, provide written notification to the Water-town Police Department of the name, address and telephone number of the new owner. It also shall be the responsibility of the person transferring ownership or custody of the dog to provide written notification of the dog’s classification as dangerous to the person receiving the dog. The previous owner shall furnish a copy of the notification to the Wa-tertown Police Department along with written acknowledgment by the new owner of his or her receipt of the notification. The new owner shall notify the Watertown Police Department of any changes of ownership, custody or residence of the dog within 3 business days after receiving the required infor-mation from the previous owner.

2. Any person receiving a dog clas-sified as dangerous must comply fully with all provisions of this sec-tion pertaining to ownership of a dangerous dog.

L. Continuation of dangerous dog declaration.

1. Any dog that has been declared dangerous by the City of Water-town, or another municipality, county or state shall be subject to the provisions of this section for the remainder of its life unless the dangerous dog designation is removed in accordance with sub-section L.2. of this section. The person owning or having custody of any dog designated as danger-ous by any municipality, county or state government shall notify the Watertown Police Department of the dog’s address and conditions of maintenance within 10 days of moving the dog into the city. The restrictions and conditions of maintenance of any dog declared dangerous by the City of Water-town, another municipality, county or state shall remain in force while the dog remains in the city.

2. The owner of a dangerous dog may petition the Animal Control Board for a removal of the dan-gerous dog designation after three (3) consecutive years during which the owner has received no violations under this section. The Animal Control Board shall, upon the owner’s petition, review the designation of a dog as danger-ous and, if the dog is determined no longer to be dangerous, the dangerous dog designation shall be removed. The Animal Control Board may place conditions upon the removal of a dog’s dangerous designation including, but not limited to, requiring the dog be neutered and requiring the dog to attend obedience classes.

M. Police and military animals. Nothing in this section shall be construed to limit, affect or apply to the use of dogs by law enforcement, military or rescue organizations.

N. Retroactivity. No dog may be declared dangerous or vicious based solely on the dog’s activity prior to the effective date of the ordinance codified in this section; however, the activity, including, but not limited to substantiated reports of bites or aggressive behavior, may be considered during a current investigation.

BE IT FURTHER ORDAINED by the City of Watertown, South Dakota, that Chapter 3.0112 of the Revised Ordinances of the City of Watertown be amended as follows:3.0112: SPECIAL PERMISSIONS AND APPEALS 1. As contemplated by certain provisions

of Section 3.0109, anAn owner may appeal a declaration to, or seek the permission of, under Sections 3.0104 and 3.0109 to the Animal Control Board by filing with the Watertown Police Department Chief of Police or the Finance Officer a written statement seeking special permission or object-ing or appealing to the declaration of an animal. Such written statement of objection or appeal or request for spe-cial permission must be filed within ten (10) business days of the date of ser-vice of a declaration or violation.

2. Within ten (10) business days of the date of filing the appeal or request for special permission the Animal Control Board shall hear such appeal or re-quest for special permission and de-termine whether it has been shown by a preponderance of the evidence that either a declaration should be upheld such animal is declared as a vicious dog or special permission should be granted special permission to remain within the city limits. Such hearing date may be extended by a written order signed by a majority of the An-imal Control Board. (Ord 16-08; Rev 07-18-16).

First Reading: August 19, 2019Second Reading: September 3, 2019Published: September 7, 2019Effective: September 27, 2019The above and foregoing Ordinance 19-11 was moved for adoption by Alderperson Holien, seconded by Alderperson Vilhau-er, and upon voice vote motion carried, whereupon the Mayor declared the Ordi-nance duly passed and adopted.


(September 7, 2019)

Public Notices

































































(September 7, 2019)

Public Notices

































































(September 7, 2019)

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