Resolutions and Ordinances

Belle Fourche News

NEWELL-Several resolutions and ordinances were discussed and passed at the regular Newell Town meeting held September 11.

The first ordinance discussed and passed was Ordinance 02-2023 which establishes a change in the month schedule for the introduction and adoption of the annual municipal budget. The annual budget will now be submitted to the city council for the first reading on the first meeting in November, with the second reading held five days later. The annual budget will be published prior to December 31 following the adoption. The reasoning behind the change in the ordinance is that more information is needed from the county auditor to make appropriate budget numbers.

An ordinance prohibiting keeping or feeding of exotic/ wild animals or waterfowl was passed and put into place. Since there have several complaints especially about the wild turkeys found wandering the streets of Newell and South Dakota Game, Fish, and Parks will not address the problem unless an ordinance in put in place, the council members passed the ordinance unanimously. The ordinance gives authority to anyone who has been contracted by the city, which would include the Butte County Sheriff, Public Works Superintendent Larry Parker, and the SDGFP.

A resolution was passed to establish a capital outlay account to purchase certain pieces of fire equipment necessary for the proper repair, maintenance and upkeep of the Fire Department. The accumulation of funds will not exceed more than 60 months and have a starting balance of $105,953.80 from the end of 2022 and will have a maximum amount of $150,000.

There was also a resolution passed for transferring funds of $3,170.58 from the General Fund to the Sewer Fund. Public Works Superintendent Larry Parker informed the commissioners that at least two water meters needed to be replaced soon. He said that it would cost approximately $1200 to $1400 per meter to change the register/ batteries in each meter and it may take several months to get them. Purchasing new meters would be faster with a cost of $1800 to $2400 each.

Mayor Ken Wetz suggested that several be purchased so that there are some on hand. Parker also discussed getting a new bed for the truck used to spread salt in winter conditions. He had several quotes, but the commissioners recommended more research and more options to be brought to October’s meeting.

Questions arose concerning pet licensing fees as the commissioners dealt with issues of whether a late fee should be charged per animal or per household. As discussion progressed, Mayor Wetz stated that it was important that city commissioners are obligated to follow all ordinances and set an example to the citizens of Newell.

The commissioners decided that the late fee for registering a pet should be charged to a household, not individual pets. Finance Officer Sheila Smith mentioned an issue with late water fees and residents moving without paying the last month’s water bill. She explained that water bills are from the previous month, so that when someone moves fees are still due. The commissioners decided not to donate any money to the Newell Improvement Corporation for the Splash Pad. The next regular meeting was changed to October 10 due to the holiday on Monday, October 9.

‘The new Ordinance reads as follows:

Ordinance 03-2023

ORDINANCE PROHIBITING THE KEEPING OR FEEDING OF EXOTIC/WILD ANIMALS OR WATERFOWL BE IT ORDAINED, by the Town of Newell, South Dakota that feeding or keeping any exotic/wild animal or waterfowl within the limits of the Town of Newell shall be Prohibited.

1.Definitions in General:

A.Exotic Animal: Any animal which is ordinarily found in an unconfined state and is usually not kept as a household pet, including, but not limited to: Lions, tigers, cheetahs, panthers, leopards, cougars, mountain lions, ocelots, any wild member of the genus Felis, lynx, bobcats, foxes, minks, skunks, raccoons, bears, nonhuman primates, wolves and coyotes. “Exotic Animal” shall not include livestock, or household pet.

B.Songbird or other backyard bird: Includes birds of the suborder oscines or passerine including but not limited to larks, jays, cardinals, shrikes, finches, and orioles, characterized by a vocal apparatus highly specialized for singing.

C.Waterfowl: Any bird that frequents the water, or lies about rivers, lakes, or other bodies of water; an aquatic fowl, including but not limited to ducks, geese, swans, herons, and egrets

D.Wild Animal: Shall include any animal, other than domestic dog, or domestic cat, which in a wild state is carnivorous or with because of its nature or physical makeup is capable of inflicting serious physical harm or death to human beings which is not normally domesticated in this state, including but not limited to: snakes, coyotes, deer, turkeys, ostrich, emu, wolverine, badger, feral cats, foxes, raccoons, skunks, and waterfowl.

2.Feeding of wild animals and waterfowl prohibited:

A.No person shall purposely or knowingly, with intent to provide such food, feed, bait, or in any manner provide access to food to any wild animal or waterfowl within the corporate limits of the Town of Newell, on lands either publicly or privately owned. This shall not apply to the feeding of farm animals lawfully kept within the city limits.

B.No person shall purposely or knowingly leave or store any refuse, garbage, food product, pet food, forage product or supplement, salt, see, birdseed, fruit, or grain in a manner that would constitute any attractant to any wild animal or waterfowl.

C.Nothing in this section shall prohibit the actions of any agent of the State of South Dakota lawfully engaged in a wildlife or waterfowl management program.

3.Enforcement Authority:

A.The provisions of this title shall be enforced by the Town of Newell, Butte County Sheriff, South Dakota Game, Fish and Parks or any person/business the Town of Newell would contract with for enforcement.

B.Any Contracted Officer, the Town of Newell, South Dakota Game, Fish and Parks Department or the Butte County Sheriff’s Office may issues citations for violations of any section of this ordinance other ordinance relating to animals or may issue warning tickets requiring correction of a violation.

4.Enforcement Interference with: No person may hinder, delay or obstruct any officer in the performance of any duty under this ordinance, or seek to release any animal in the custody of the Control Officer.

5.Violation-Penalty: Any violation of this title is subject to the removal of the animal/waterfowl and /or a fine in the amount determined by the Town of Newell not to exceed $250 per occurrence. This ordinance shall take effect twenty (20) days after the date of publication pursuant to SDCL-9-19-13.

Dated this 11th day of September, 2023.