HomeMy WebLinkAbout2026_03_24 CC PacketCity Council
City of Brookings
Meeting Agenda - Final
Brookings City Council
Brookings City & County
Government Center
520 3rd St., Suite 230
Brookings, SD 57006
Phone: (605) 692-6281
"We are an inclusive, diverse, connected community that fuels the creative class, embraces
sustainability and pursues a complete lifestyle. We are committed to building a bright future through
dedication, generosity and authenticity. Bring your dreams!"
Council Chambers6:00 PMTuesday, March 24, 2026
The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse
economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal
management.
6:00 PM REGULAR MEETING
1. Call to Order / Pledge of Allegiance.
2. Record of Council Attendance.
3. Action to approve the agenda.
4. Open Forum.
At this time, any member of the public may make a brief announcement or invitation, or
request time on the agenda for an item not listed. Items to be added to the agenda will
be scheduled at the end of the meeting. Individuals will state their name and city of
residence for the record. Public Comment is limited to a maximum of three minutes per
person. The comments and views expressed by the public are those of the speakers
and do not necessarily reflect the views or positions of the City of Brookings or City
Council.
5. Consent Agenda:
Action: Motion to Approve, Request Public Comment, Roll Call
Matters appearing on the Consent Agenda are expected to be non-controversial and
will be acted upon by the Council at one time, without discussion. At the request of any
one Council Member or the City Manager, an item may be removed from the Consent
Agenda and placed on the regular agenda whenever additional discussion on an item is
necessary. Items removed from the Consent Agenda will be discussed at the
beginning of the formal items.
Action to approve City Council meeting minutes.ID 26-01165.A.
Page 1 City of Brookings
March 24, 2026City Council Meeting Agenda - Final
3/10/2026 CC Minutes
3/17/2026 CC Study Session Minutes
3/19/2026 Board of Equalization Minutes
Attachments:
Action on appointments to the Brookings Disability Awareness
Committee: Jason Hodne, Lacey Klingbile, and Isabelle Weller.
ID 26-01065.B.
MemoAttachments:
Action on appointments to the Brookings Human Rights Commission:
Shola Aromona and Logan Hoffman.
ID 26-01135.C.
MemoAttachments:
Action on Resolution 26-021, a Resolution declaring surplus property for
the City of Brookings.
RES 26-0215.D.
Memo
Resolution
Attachments:
Action on Temporary Alcohol / Special Event Alcoholic Beverage
Licenses from existing alcohol license holders.
ID 26-01255.E.
Memo
SDCL References
Attachments:
6. Presentations/Reports:
Proclamation: Developmental Disabilities Awareness MonthID 26-00436.A.
ProclamationAttachments:
Brookings Annual Free Share & Care Day.ID 26-01126.B.
PresentationAttachments:
Report: SDSU Student Association.ID 26-01156.C.
7. Contracts/Change Orders:
Action on Resolution 26-022, a Resolution Authorizing the City Manager
to retain a Construction Manager at Risk for the replacement of the
Brookings Police Station.
RES 26-0227.A.
Memo
Resolution
Resolution 26-017
Attachments:
Action: Motion, Request Public Comment, Roll Call
Action on Resolution 26-023, a Resolution Awarding the Contract for the
Slurry Seal Project.
RES 26-0237.B.
Page 2 City of Brookings
March 24, 2026City Council Meeting Agenda - Final
Memo
Resolution
Map
Attachments:
Action: Motion, Request Public Comment, Roll Call
8. Ordinance First Readings:
No vote is required on the first reading of an Ordinance. The title of the Ordinance is
read. Public Comment and Council discussion is permitted. The date for the second
reading or public hearing is announced.
Introduction and First Reading on Ordinance 26-011, an Ordinance
Amending Chapter 14 - Animals, of the Code of Ordinances of the City
of Brookings, South Dakota. Public Hearing and Action; April 14, 2026.
ORD 26-0118.A.
Memo
Ordinance - clean
Ordinance - marked
Legal Notice
Attachments:
Introduction and First Reading on Ordinance 26-012, an Ordinance to
Change the Zoning within the City of Brookings (a portion of Bluegill
Second Addition, a portion of Bluegill Third Addition and a portion of the
SE 1/4 of the NW 1/4 in Section 1, Township 109N, Range 50W from
Agriculture A District and Residence R-1D Single-family District to a
Residence R-1D Single-family District and Residence R-3 Apartment
District.). Public Hearing and Action: April 14, 2026.
ORD 26-0128.B.
Memo
Ordinance
Planning Commission Minutes
Hearing Notice - Planning Commission
Future Land Use Map
Preliminary Plat
Hearing Notice - City Council
Petition to Rezone
Location Map
Zoning Map
Attachments:
9. Public Hearings and Second Readings:
Second Reading and Action on Ordinance 26-010, an Ordinance to
revise Chapter 62 Division 3. Dead, Dying, Diseased or Infested Trees.
ORD 26-0109.A.
Memo
Ordinance - clean
Ordinance - marked
Attachments:
Page 3 City of Brookings
March 24, 2026City Council Meeting Agenda - Final
Action: Motion, Request Public Comment, Roll Call
Legislative History
3/10/26 City Council read into the record
10. Other Business:
Action on the 2026 Election Agreement between the City of Brookings
and Brookings County.
ID 26-011410.A.
Memo
Agreement
Attachments:
Action: Motion, Request Public Comment, Roll Call
City of Brookings Progress Report.ID 26-011711.
Progress ReportAttachments:
12. City Council member introduction of topics for future discussion.
Any Council Member may request discussion of any topic at a future meeting. Items
cannot be added for action at this meeting. A motion and second is required which
states the topic, requested outcome, and time frame. A majority vote is required.
13. Adjourn.
Brookings City Council: Oepke G.Niemeyer, Mayor; Nick Wendell, Deputy Mayor
Council Members Wayne Avery, Holly Tilton Byrne, Bonny Specker, Brianna Doran, Lisa Hager
Brookings City Council Staff:
Paul M. Briseno, City Manager Bonnie Foster, City Clerk
J. Vincent Jones, Attorney-at-Law, Woods, Fuller, Shultz and Smith P.C.
Public Comment is limited to a maximum of three minutes per person. Individuals will give their name and city of
residence for the record. Public Comment may be submitted prior to the meeting by the following means: 1)
Email comments to the City Clerk (cityclerk@cityofbrookings-sd.gov), or 2) participate remotely. Comments
provided will become part of the official record and subject to review by all parties and the public. The comments
and views expressed by the public are those of the speakers and do not necessarily reflect the views or positions
of the City of Brookings or City Council.
Meetings are broadcast live and recorded. Go to www.cityofbrookings-sd.gov for more information. Government
Channel Rebroadcast Schedule: Wednesday 1:00 pm / Thursday 7:00 pm / Friday 9:00 pm / Saturday 1:00 pm
(Swiftel Channel 20 / MediaCom Channel 9)
Upon request, accommodations for meetings will be provided for persons with disabilities. Please contact the
City ADA Coordinator at (605) 692-6281 at least three (3) business days in advance of the meeting.
Page 4 City of Brookings
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 26-0116,Version:1
Action to approve City Council meeting minutes.
Attachments:
03/10/2026 City Council Minutes
03/17/2026 City Council Study Session Minutes
03/19/2026 Board of Equalization Minutes
City of Brookings Printed on 3/19/2026Page 1 of 1
powered by Legistar™
BROOKINGS CITY COUNCIL
March 10, 2026 (unapproved)
The Brookings City Council held a meeting Tuesday, March 10, 2026 at 6:00 PM, at the
Brookings City & County Government Center, Chambers, with the following City Council
members present: Mayor Oepke Niemeyer, and Council Members Wayne Avery,
Brianna Doran, Lisa Hager, and Bonny Specker. Absent: Council Members Holly Tilton
Byrne, and Nick Wendell. City Manager Paul Briseno, City Attorney J. Vince Jones, and
City Clerk Bonnie Foster were also present.
Agenda. A motion was made by Council Member Specker, seconded by Council
Member Doran, that the agenda be approved. The motion carried by the following vote:
Yes: 5 - Avery, Doran, Hager, Niemeyer, and Specker; Absent: 2 - Tilton Byrne, and
Wendell.
Consent Agenda. A motion was made by Council Member Doran, seconded by
Council Member Specker, that the consent agenda be approved. The motion carried by
the following vote: Yes: 5 - Avery, Doran, Hager, Niemeyer, and Specker; Absent: 2 -
Tilton Byrne, and Wendell.
A. Action to approve the February 24, 2026 City Council Minutes.
B. Action on Temporary Alcohol / Special Event Alcoholic Beverage Licenses
from existing alcohol license holders: Sodexo Catering (License Holder RB-
28249 and RW -28251): SDSU TL26-013, SDSU TL26-036, SDSU Tl26-037, SDSU
TL26-038, SDSU TL26-039, SDSU TL26-040, and SDSU TL26-041.
City of Brookings Employee Service Awards Recognition. Community
Development Dept.: Jared Thomas (10 years), Aaron Karl (5 years), and Ryan Miller (5
years; Fire Dept.: Jared Runge (5 years), IT Dept.: Don Goff (5 years), and Kweku
Kponyoh (10 years); Finance Dept.: Ashley Rentsch (5 years); Library: Betsy Lenning
(30 years), and Nita Gill (15 years); Municipal Liquor Store: Bill Heldt (5 years), and
Brian Hanson (10 years); Parks, Recreation & Forestry Dept.: Mark Bren (15 years),
Greg Redenius (10 years), and Stephen Hartung (10 years); Police Dept.: Drew Garry
(15 years), Josh Schneider (15 years), Kyle Johnson (5 years), Luke DeJong (10
years), and Jorrie Hart (10 years); Public Works Dept.: Lana Schwartz (15 years); PW -
Solid Waste Division: Brian Klingbile (15 years); PW - Street Division: Eric Hanson (10
years), and Jeremy Janssen (10 years); Fire Dept. – Volunteer Fire Fighters: Curt Teal
(35 years), Jeremy Scott (25 years), Daniel Bruna (25 years), Kevin Hilmoe (15 years),
Robert Schuneman (10 years), Dalton Holm (10 years), Connor Ringling (5 years), and
Shannon Stuefen (5 years).
Report: SDSU Student Association. Dominic Delahoyde, SDSU Student’s
Association Finance Chair, provided an update on SDSU current affairs.
Report: City Council Ex-Officio Reports. A Brookings Municipal Utility Board report
was given by Council Member Specker. A Brookings Health Systems Board of
Trustees report was given by Council Member Hager.
2026 Outside Agency Funding. A motion was made by Council Member Specker,
seconded by Council Member Doran, that that the 2026 Outside Agency Funding
Recommendations be approved. Public Comment: Heidi Gullickson, United Way
Director. The motion carried by the following vote: Yes: 5 - Avery, Doran, Hager,
Niemeyer, and Specker; Absent: 2 - Tilton Byrne, and Wendell.
Amount to allocate in 2026 $274,254
Amount to allocate in 2025 $263,715
Agency Name /
Program
Impact Area
2023
Funding
2024
Funding
2025
Funding
2026
Funding
Request
BAUW 2026
Recommendation
BATA Transportation $98,000 $96,810 $87,500 $120,000 $90,000
Brookings Area
Crime Stoppers
Safety $600 $500 $1,000 $1,000 $1,000
Habitat for
Humanity
Affordable
Housing
$9,800 $9,500 $6,000 $20,000 $6,500
Boys & Girls Club
of Brookings
Youth
Development
$60,500 $59,325 $52,500 $85,000 $58,000
Great After School
Place
Youth
Development
$3,900 $3,100 $8,000 $20,000 $12,000
Brookings County
Youth Mentoring
Youth
Development
$5,900 $5,700 $5,700 $8,000 $6,000
Domestic Abuse
Shelter
Health $13,700 $13,000 $15,000 $5,000 $5,000
East Central CASA Health $1,900 $1,700 $2,000 $5,000 $3,250
Brookings
Backpack Project
Health $11,800 $11,500 $9,500 $10,000 $10,000
Food Pantry Health $14,500 $14,200 $12,500 NO
REQUEST
$0
Feeding Brookings Health $14,500 $14,200 $12,500 $26,000 $15,000
Brookings
Behavioral Health
& Wellness
Health $0 $14,250 $15,000 $50,000 $19,500
Avera Behavioral
Health
Health $14,680 $14,250 $15,000 $40,000 $19,500
Lutheran Social
Services
Health $2,700 $0 $1,500 $4,500 $2,004
Harvest Table Health $0 $0 $5,000 $10,000 $7,500
Salvation Army Health $0 $0 $15,000 $20,000 $19,000
TOTAL $252,480 $258,035 $263,700 $424,500 $274,254
FIRST READING – Ordinance 26-010. Introduction and First Reading was held on
Ordinance 26-010, an Ordinance to revise Chapter 62 Division 3. Dead, Dying,
Diseased or Infested Trees. Second Reading and Action: March 24, 2026.
Ordinance 26-006. A motion was made by Council Member Specker, seconded by
Council Member Doran, that Ordinance 26-006, an Ordinance Authorizing Budget
Amendment No. 10 to the 2025 Budget, be approved. The motion carried by the
following vote: Yes: 5 - Avery, Doran, Hager, Niemeyer, and Specker; Absent: 2 - Tilton
Byrne, and Wendell.
Ordinance 26-007. A motion was made by Council Member Doran, seconded by
Council Member Specker, that Ordinance 26-007, an Ordinance Authorizing Budget
Amendment No. 1 to the 2026 Budget, be approved. The motion carried by the
following vote: Yes: 5 - Avery, Doran, Hager, Niemeyer, and Specker; Absent: 2 - Tilton
Byrne, and Wendell.
Ordinance 26-009. A motion was made by Council Member Doran, seconded by
Council Member Hager, that Ordinance 26-009, an Ordinance Amending Chapter 6,
Section 6-8, and Chapter 74, Section 74-40 of the Code of Ordinances of the City of
Brookings, be approved. The motion carried by the following vote: Yes: 5 - Avery,
Doran, Hager, Niemeyer, and Specker; Absent: 2 - Tilton Byrne, and Wendell.
Ordinance 26-008. Public Hearing was held on Ordinance 26-008, an Ordinance
Amending Chapter 94, Article VI, Division 5, Section 94-473, Related to Projecting
Signs in the Business B-1 Central District. A motion was made by Council Member
Doran, seconded by Council Member Specker, that Ordinance 26-008 be approved.
The motion carried by the following vote: Yes: 5 - Avery, Doran, Hager, Niemeyer, and
Specker; Absent: 2 - Tilton Byrne, and Wendell.
Resolution 26-016. A motion was made by Council Member Specker, seconded by
Council Member Doran, that Resolution 26-016, a Resolution Amending the
Consolidated Fee Schedule, be approved. The motion carried by the following vote:
Yes: 5 - Avery, Doran, Hager, Niemeyer, and Specker; Absent: 2 - Tilton Byrne, and
Wendell.
RESOLUTION 26-016 - AMENDING THE CONSOLIDATED FEE SCHEDULE
WHEREAS, the adopted Municipal Code and City Policies make references to fees
charged; and
WHEREAS, it is prudent that the fees be reviewed for cost effectiveness.
NOW, THEREFORE, BE IT RESOLVED, that the City of Brookings hereby adopts the
following amendment to the Consolidated Fee Schedule :
City Clerk: Sidewalk Café Permit Fee $100 per year
Parklet Permit Fee $250 per year
Adjourn. A motion was made by Council Member Doran, seconded by Council
Member Specker, that this meeting be adjourned at 6:55 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS, SD
ATTEST: Oepke G. Niemeyer, Mayor
Bonnie Foster, City Clerk
BROOKINGS CITY COUNCIL
March 17, 2026 (unapproved)
The Brookings City Council held a Study Session on Tuesday, March 17, 2026 at 6:00
PM, at the Brookings City & County Government Center Chambers, with the following
City Council members present: Mayor Oepke Niemeyer, Council Members Brianna
Doran, Lisa Hager, Bonny Specker, and Nick Wendell. Absent: Council Members
Wayne Avery and Tilton Byrne. City Manager Paul Briseno, City Attorney J. Vincent
Jones, and City Clerk Bonnie Foster were also present.
Agenda. A motion was made by Council Member Wendell, seconded by Council
Member Doran, that the agenda be approved. The motion carried by the following vote:
Yes: 5 - Doran, Hager, Niemeyer, Specker, and Wendell; Absent: 2 - Avery, and Tilton
Byrne.
Presentation: Conflict of Interest. City Attorney J. Vincent Jones presented training
to the City Council and members of the Planning Commission and Historic Preservation
Commission on Conflict of Interest, covering how to identify conflicts of interest and how
to conduct oneself once a potential conflict has been identified.
Executive Session. A motion was made by Council Member Wendell, seconded by
Council Member Doran, to enter into Executive Session at 6:34 p.m., pursuant to SDCL
1-25-2(1), for discussing the qualifications, competence, performance, character or
fitness of any public officer or employee or prospective public officer or employee. The
term, employee, does not include any independent contractor. The motion carried by a
unanimous vote. A motion was made by Council Member Wendell, seconded by
Council Member Doran, to exit Executive Session at 6:50 p.m. The motion carried by a
unanimous vote.
Adjourn. A motion was made by Council Member Wendell, seconded by Council
member Specker, that this meeting be adjourned at 6:51 PM. The motion carried by a
unanimous vote.
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
Board of Equalization Hearings
Local – Brookings City and School
Monday, March 19, 2026
The local Board of Equalization for the City of Brookings met at 9:00 a.m. on Thursday, March
19, 2026 in the Brookings City & County Government Center. The following members were
present: Mayor Ope Niemeyer; City Council Members Wayne Avery, Lisa Hager, and Bonny
Specker; and School Board Member Deb DeBates. Jacob Brehmer, Equalization Office Director,
Reid Squires, Deputy Equalization Director, and Bonnie Foster, City Clerk were also present.
Mayor Ope Niemeyer called the meeting to order at 9:08 a.m.
A motion was made by Council Member Specker, seconded by Council Member Hager, to certify
the assessment roll delivered is correct as equalized by the review board of the City of
Brookings. All members voted yes; motion carried.
There following appeals were heard:
No. 01: Perry Estebo
Moriarty Edgebrook Addition, Lot 12, Block 8 (1821 Moriarty Circle)
Parcel: 40372-00800-012-00 LAND BUILDING TOTAL
2026 County Valuation $41,200 $609,300 $650,500
Appellant’s Request $41,200 $510,800 $552,000
Board’s Decision $41,200 $609,300 $650,500
A motion was made by Specker, seconded by Hager, for the valuation to remain at $41,200 on
the land, and $609,300 on the building, for a total of $650,500. All members voted yes; motion
carried.
No. 02: Teresa Ronning
Sarah Renee Addition, Lot 9, Block 1 (850 Regency Court)
Parcel: 40522-00100-009-00 LAND BUILDING TOTAL
2026 County Valuation $86,900 $659,300 $746,200
Appellant’s Request $86,900 $588,100 $675,000
Board’s Decision $86,900 $659,300 $746,200
A motion was made by Specker, seconded by DeBates, for the valuation to remain at $86,900 on
the land, and $659,300 on the building, for a total of $746,200. All members voted yes; motion
carried.
The following Equalization Office corrections were reviewed:
Equalization Office Corrections:
A motion was made by City Council Member Specker, seconded by School Board Member
DeBates, to approve the following Equalization Office corrections:
No. 01: Adam & Michelle Holtquist
Timberline Addition, Lot 4, Block 21 (1255 Silverthorne Circle)
Parcel: 40621-02100-004-00 LAND BUILDING TOTAL
2026 County Valuation $127,300 $1,108,300 $1,235,600
Equalization Office Request $127,300 $1,031,200 $1,158,500
Board’s Decision $127,300 $1,031,200 $1,158,500
No. 02: Larry Gjerets
North 30 feet of Lot 10, all of Lot 11, Block 6, East Medary Addition (314 Elm Ave.)
Parcel: 40140-00600-010-00 LAND BUILDING TOTAL
2026 County Valuation $41,100 $272,200 $313,300
Equalization Office Request $41,100 $231,600 $272,700
Board’s Decision $41,100 $231,600 $272,700
No. 03: Timothy Heaton, A EtUx
East 1/3 of Lot 2, all of Lot 3, West 1/3 of Lot 4, Block 1, Pleasant Hill Addition (1008
3rd St.)
Parcel: 40465-00100-003-00 LAND BUILDING TOTAL
2026 County Valuation $29,100 $209,800 $238,900
Equalization Office Request $29,100 $38,900 $68,000
Board’s Decision $29,100 $38,900 $68,000
No. 04: Paul Rupp
Sandersons Addition, West 110 feet Lot 11, Block 1 (610 12th Ave.)
Parcel: 40520-00100-011-00 LAND BUILDING TOTAL
2026 County Valuation $13,800 $127,100 $140,900
Equalization Office Request $13,800 $18,600 $32,400
Board’s Decision $13,800 $18,600 $32,400
No. 05: Darlene Kuechenmeister
Mobile Home on Leased Site – Normondy Village #76 (521 12th St. So., #76)
Parcel: 40999-00011-076-00 LAND BUILDING TOTAL
2026 County Valuation $0 $8,400 $8,400
Equalization Office Request $0 $0 $0
Board’s Decision $0 $0 $0
No. 06: Broadacre Inc. (Mike McClemans)
Mobile Home on Leased Site: Broadacre Court #35 (120 2nd St. So., #35)
Parcel: 40995-00001-035-00 LAND BUILDING TOTAL
2026 County Valuation $0 $42,900 $42,900
Equalization Office Request $0 $36,100 $36,100
Board’s Decision $0 $36,100 $36,100
No. 07: Prairie Meadow Inc. (Mike McClemans)
McClemans Addition, Lot 12, Block 13 (vacant lot at the North end of 9th Ave. So.)
Parcel: 40338-01300-012-00 LAND BUILDING TOTAL
2026 County Valuation $65,100 $0 $65,100
Equalization Office Request $26,000 $0 $26,000
Board’s Decision $26,000 $0 $26,000
No. 08: Gary Jones, EtUx
Lot 1 and East 10 feet of Lot 2, Block 13, East Acres Second Addition (2150 Derdall
Dr.)
Parcel: 40338-01300-012-00 LAND BUILDING TOTAL
2026 County Valuation $41,600 $254,600 $296,200
Equalization Office Request $37,400 $254,600 $292,000
Board’s Decision $37,400 $254,000 $292,000
All present voted yes; motion carried.
A motion was made by Council Member Specker, seconded by Council Member Avery, to
adjourn. The hearing was adjourned at 10:19 a.m.
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 26-0106,Version:1
Action on appointments to the Brookings Disability Awareness Committee: Jason Hodne, Lacey
Klingbile, and Isabelle Weller.
Summary and Recommended Action:
Mayor Niemeyer recommends the following appointments to the Brookings Disability Awareness
Committee:
·Jason Hodne, term expires 1/1/2027 (filled unexpired term)
·Lacey Klingbile, term expires 1/1/2028 (filled unexpired term)
·Isabelle Weller, Student Representative, term expires 5/1/2026 (filled unexpired term)
Attachments:
Memo
City of Brookings Printed on 3/19/2026Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Bonnie Foster, City Clerk
Council Meeting: March 24, 2026
Subject: Volunteer Board Appointment: Brookings Disability
Awareness Committee
Presenter: Bonnie Foster, City Clerk
Summary and Recommended Action:
Mayor Niemeyer recommends the following appointments to the Brookings Disability
Awareness Committee: Jason Hodne, Lacey Klingbile, and Isabelle Weller (Student
Representative).
Item Details:
As per City Council Citizen Advisory Board Policy, the Mayor, with consent of the
Council, will make all appointments to Citizen Advisory Boards.
The Brookings Disability Awareness Committee (BDAC) strives to advocate for the
rights of people who have disabilities in our community. Throughout the year, specific
events are held to bring awareness and information to our citizens. Technical
assistance is provided to the business community, private individuals, governmental
entities and nonprofit organizations. The goals of this service are to improve the quality
of life for people who have disabilities through enhancing the knowledge base of entities
in the community; and to further serve as a community-based advocacy group
enhancing the ability of local entities to comply with Federal Civil Rights legislation.
The Mayor recommends the appointment of the following individual to the Brookings
Disability Awareness Committee:
Jason Hodne, term expires 1/1/2027 (filled unexpired term)
Lacey Klingbile, term expires 1/1/2028 (filled unexpired term)
Isabelle Weller, Student Representative, term expires 5/1/2026 (filled unexpired
term)
Legal Consideration: None.
Strategic Plan Consideration:
Safe, Inclusive, Connected Community – The City of Brookings will create an
environment for inclusive programs, gathering places, and events where the
community can safely live, work and come together to participate in opportunities
for learning, recreation and enjoyment.
Service and Innovation Excellence – The City of Brookings will provide an
accessible environment committed to ongoing innovation and outstanding service
through listening and engagement.
Financial Consideration: None.
Supporting Documentation: None
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 26-0113,Version:1
Action on appointments to the Brookings Human Rights Commission: Shola Aromona and Logan
Hoffman.
Summary and Recommended Action:
The Mayor recommends the appointment of the following individual to the Brookings Human Rights
Commission:
·Shola Aromona, term expires 1/1/2027 (filled unexpired term)
·Logan Hoffman, term expires 1/1/2027 (filled unexpired term)
Attachments:
Memo
City of Brookings Printed on 3/19/2026Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Bonnie Foster, City Clerk
Council Meeting: March 24, 2026
Subject: Volunteer Board Appointment: Human Rights Commission
Presenter: Bonnie Foster, City Clerk
Summary and Recommended Action:
Mayor Niemeyer recommends the following appointments to the Brookings Human
Rights Commission: Shola Aromona and Logan Hoffman.
Item Details:
As per City Council Citizen Advisory Board Policy, the Mayor, with consent of the
Council, will make all appointments to Citizen Advisory Boards.
The Brookings Human Rights Commission (HRC) purpose is to improve human
relations and civil rights in the Brookings area by fighting discrimination against
individuals or groups because of their age, disability, race, color, ethni city, sex, creed,
religion, ancestry, national origin, familial status, marital status, gender identity, sexual
orientation, or political affiliation. The BHRC promotes educational activities to make
Brookings an inclusive and welcoming community.
The Mayor recommends the appointment of the following individual to the Brookings
Human Rights Commission:
Shola Aromona, term expires 1/1/2027 (filled unexpired term)
Logan Hoffman, term expires 1/1/2027 (filled unexpired term)
Legal Consideration: None
Strategic Plan Consideration:
Safe, Inclusive, Connected Community – The City of Brookings will create an
environment for inclusive programs, gathering places, and events where the
community can safely live, work and come together to participate in opportu nities
for learning, recreation and enjoyment.
Service and Innovation Excellence – The City of Brookings will provide an
accessible environment committed to ongoing innovation and outstanding service
through listening and engagement.
Financial Consideration: None
Supporting Documentation: None
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 26-021,Version:1
Action on Resolution 26-021, a Resolution declaring surplus property for the City of Brookings.
Summary and Recommended Action:
Staff recommends approval of the proposed resolution declaring surplus property.
Attachments:
Memo
Resolution
City of Brookings Printed on 3/19/2026Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Bonnie Foster, City Clerk
Council Meeting: January 27, 2026
Subject: Resolution 26-021: Declaring Surplus Property
Presenter: Bonnie Foster, City Clerk
Summary and Recommended Action:
Staff recommends approval of the proposed Resolution declaring surplus property.
Item Details:
According to State Statute Chapter 6-13, the governing body of the City of Brookings
allows City property, as presented within the proposed Resolution, to be declared as
surplus property and includes
Community Development/ Engineering: 1 - refrigerator, 1 - touch screen monitor.
Police Dept.: 6 - 8-foot tall by 10-foot wide insulated doors, Overhead Door Model 696
½ HP (door operator, hardware, remote, wall remote); 1 - Evcon Gas Heater 95,000
BTUH Model #RFG19100CE16MP13C (2022), comes with duct work and thermostat.
Brookings City & County Government Building: NVR Security Camera System, DVR
Security Camera System, and associated cameras; HVAC and Boiler Project related
items: 4 variable speed drives, cooling tower, chiller #1, chiller #2, chiller #3, and 4 fluid
pumps.
The Brookings City & County Government Building items were declared surplus by the
Brookings County Commission at their March 17, 2026 Meeting.
Legal Consideration:
None.
Strategic Plan Consideration:
Sustainability – The City of Brookings will meet environmental, community and
economic desires and needs without compromising future generations’ quality of life by
strategically planning, implementing and maintaining infrastructure and facilities.
Financial Consideration:
Revenues generated from the sale of surplus property, will be placed in the City’s
General Fund.
Supporting Documentation:
Resolution
RESOLUTION 26-021
DECLARING SURPLUS PROPERTY
WHEREAS, the City of Brookings is the owner of the following described equipment
formerly used at the City of Brookings:
Police Dept.: 6 - 8-foot tall by 10-foot wide insulated doors, Overhead Door Model
696 ½ HP (door operator, hardware, remote, wall remote).
Brookings City & County Government Building: NVR Security Camera System, DVR
Security Camera System, and associated cameras; HVAC and Boiler Project
related items: 4 variable speed drives, cooling tower, chiller #1, chiller #2, chiller
#3, and 4 fluid pumps.
WHEREAS, in the best financial interest, it is the desire of the City of Brookings to
dispose of as surplus property; and
WHEREAS, the City Manager is hereby authorized to sell or dispose of said surplus
property.
NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Brookings,
SD, that this property be declared surplus property according to SDCL Chapter 6-13.
Passed and Approved this 24th day of March, 2026.
CITY OF BROOKINGS, SD
____________________________
ATTEST: Oepke G. Niemeyer, Mayor
___________________________
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 26-0125,Version:1
Action on Temporary Alcohol / Special Event Alcoholic Beverage Licenses from existing alcohol
license holders.
Summary and Recommended Action:
Staff recommends approval of Special Event Alcoholic Beverage License requests from existing
alcohol license holders.
Attachments:
Memo
SDCL References
City of Brookings Printed on 3/19/2026Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Bonnie Foster, City Clerk
Council Meeting: March 24, 2026
Subject: Special Event / Temporary Alcoholic Beverage License
Requests
Presenter: Bonnie Foster, City Clerk
Summary and Recommended Action:
Staff recommends approval of Special Event Alcoholic Beverage License request s for
existing on-sale alcoholic beverage license holders.
Item Details:
South Dakota Codified Law (SDCL 35-4-124) states special event / temporary alcoholic
beverage licenses require action by the governing body for all Temporary Alcoholic
Beverage License Applications. No public hearing is required for the issuance of a
license pursuant to this section if the person applying for the license holds an on -sale
alcoholic beverage license or a retail malt beverage license in the municipality or
county, or holds an operating agreement for a municipal on -sale alcoholic beverage
license.
Licenses issued are event specific. The event duration cannot exceed 15 days.
Staff requests approval for the following special event / temporary alcoholic beverage
license from:
Sodexo Catering (License Holder RB-28249 and RW -28251):
o SDSU TL26-042 (3/28/2026) – SDSU Softball (SDSU – Moriarty Field)
o SDSU TL26-043 (4/9/2026) – Annual SDSU Rodeo Gala (SDSU - Dana J
Dykhouse Stadium – Club 71)
Legal Consideration:
None
Strategic Plan Consideration:
Fiscal Responsibility – Action to approve special event / temporary alcoholic beverage
licenses keeps the process transparent in the amount of revenue generated and the
number of licenses issued annually.
Financial Consideration:
Special Event / Temporary Alcoholic Beverage License Fee: $50 / event date
NOTE: event date can be up to 15 days in length.
Supporting Documentation:
State Law References
35-4-124. Special alcoholic beverage licenses--Special events.
Any municipality or county may issue:
1) A special malt beverage retailers license in conjunction with a special event
within the municipality or county to any civic, charitable, educational, fraternal, or
veterans organization or any licensee licensed pursuant to § 35-4-111 or
subdivision 35-4-2(4), (6), or (16) in addition to any other licenses held by the
special events license applicant;
2) A special on-sale wine retailers license in conjunction with a special event within
the municipality or county to any civic, charitable, educational, fraternal, or
veterans organization or any licensee licensed pursuant to § 35-4-111 or
subdivision 35-4-2(4), (6), or (12) or any farm winery licensee in addition to any
other licenses held by the special events license applicant;
3) A special on-sale license in conjunction with a special event within the
municipality or county to any civic, charitable, educational, fraternal, or veterans
organization or any licensee licensed pursuant to § 35-4-111 or subdivision 35-4-
2(4) or (6) in addition to any other licenses held by the special events license
applicant;
4) A special off-sale package wine dealers license in conjunction with a special
event within the municipality or county to any civic, charitable, educational,
fraternal, or veterans organization or any licensee licensed pursuant to
subdivision 35-4-2(3), (5), or (12) or any farm winery licensee in addition to any
other licenses held by the special events license applicant. A special off-sale
package wine dealers licensee may only sell wine manufactured by a farm
winery licensee;
5) A special off-sale package wine dealers license in conjunction with a special
event, conducted pursuant to § 35-4-124.1, within the municipality or county to
any civic, charitable, educational, fraternal, or veterans organization;
6) A special off-sale package malt beverage dealers license in conjunction with a
special event, conducted pursuant to § 35-4-124.1, within the municipality or
county to any civic, charitable, educational, fraternal, or veterans organization; or
7) A special off-sale package dealers license in conjunction with a special event,
conducted pursuant to § 35-4-124.1, within the municipality or county to any
civic, charitable, educational, fraternal, or veterans organization.
The municipality or county may issue a license under this section for a time not to
exceed fifteen consecutive days. No public hearing is required for the issuance of a
license pursuant to this section if the person applying for the license holds an on-sale
alcoholic beverage license or a retail malt beverage license in the municipality or
county, or holds an operating agreement for a municipal on-sale alcoholic beverage
license. The local governing body shall establish rules to regulate and restrict the
operation of the special license, including rules limiting the number of licenses that may
be issued to any person within any calendar year.
Source: SL 2010, ch 185, § 1; SL 2011, ch 175, § 1; SL 2015, ch 195, § 1, eff. Mar. 13,
2015; SL 2018, ch 213, § 106; SL 2019, ch 162, § 2; SL 2020, ch 156, § 1; SL 2024, ch
149, § 1.
SDCL 35-1-5.6. Consumption of alcoholic beverages on on-sale premises from
which beverage not purchased as misdemeanor--Exceptions.
It is a Class 2 misdemeanor for any person to consume any alcoholic beverage upon the
premises of a licensed on-sale dealer if the alcoholic beverage was not purchased from
the on-sale dealer. However, this provision does not apply to any passenger aboard a
vehicle operated by a licensed carrier. A person may consume any alcoholic beverage
upon the premises of a licensed on-sale dealer if the beverage is purchased from a
licensee who has been issued a temporary license pursuant to § 35-4-124 for a special
event occurring on the premises of the licensed on-sale dealer.
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 26-0043,Version:1
Proclamation: Developmental Disabilities Awareness Month
Summary:
Mayor Niemeyer will present a Proclamation recognizing March as Developmental Disabilities
Awareness Month.
Attachments:
Proclamation
City of Brookings Printed on 3/19/2026Page 1 of 1
powered by Legistar™
MAYORAL PROCLAMATION
CITY OF BROOKINGS, SOUTH DAKOTA
WHEREAS, developmental disabilities are often present as early as birth in
those impacted, and endure across the lifespan of a person; and
WHEREAS, disability is a natural part of the human experience that does not
diminish the right of individuals to enjoy self-determination and
experience full inclusion; and
WHEREAS, family, friends, and the community can play an important role in
enhancing the lives of individuals with disabilities, especially when
provided with necessary services and supports; and
WHEREAS, the goals of our community include providing individuals with
disabilities the opportunities and support to achieve full integration in
society, in an individualized manner, consistent with unique strengths,
resources, priorities, concerns, abilities, and capabilities of each individual;
and
WHEREAS, through increased awareness of programs and activities, the
public will better understand the potential and needs of individuals with
disabilities.
NOW, THEREFORE, BE IT RESOLVED, that I, Oepke G. Niemeyer, Mayor of
the City of Brookings, do hereby proclaim March 2026, as
DEVELOPMENTAL DISABILITIES AWARENESS MONTH
And call upon the people of Brookings to recognize this special observance.
IN WITNESS WHEREOF, I have placed the Seal of the City of
Brookings, State of South Dakota, this 24th day of March 2026.
Oepke G. Niemeyer, Mayor
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 26-0112,Version:1
Brookings Annual Free Share & Care Day.
Summary and Recommended Action:
Trish Matson Buus, Founder of Brookings Annual Free Share & Care Day, a community-led
sustainability initiative, will share information on this event, what it means for participants, citizens of
Brookings, and the Regional Landfill. This event will take place on April 25 th.
Attachments:
Presentation
City of Brookings Printed on 3/19/2026Page 1 of 1
powered by Legistar™
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 26-0115,Version:1
Report: SDSU Student Association.
Summary:
SDSU SA Government Affairs Chair, Anna Hundt, will provide an update on SDSU happenings to the
City Council and members of the public.
My name is Anna Hundt. I am from Cashton, Wisconsin just outside of La Crosse. I am a
sophomore at SDSU studying Political Science and History with a Legal Studies minor and a Pre-
Law track. I am currently on track to graduate in December of 2027. I hope to attend law school
back in Wisconsin after I graduate to practice estate, LLC, and land law as an attorney. Though not
originally from South Dakota, I was able to serve as an intern for the South Dakota Legislature for
their 100th session. I served under Representative Bethany Soye in the House of Representatives. I
enjoyed my time there thoroughly and hope to return in some capacity throughout my undergraduate
career. At SDSU, I am involved in the Political Science Club, Pre-Law Society, the Newman Centr,
Honors College, and currently serve as the Treasurer of College Republicans.
The Students' Association is comprised of all General Activity Fee-paying students at South Dakota
State University. The Students' Association Senate is the official student government organization at
SDSU, consisting of 26 senators representing each of the academic colleges and the student body
president and vice president.
The Students' Association Senate serves as a representative body to bring the voice of SDSU
students to university administration, faculty, staff, state legislators and the South Dakota Board of
Regents of Higher Education. The Students' Association also allocates student fee funds to support
various campus entities, facilities and many student organizations.
SDSU SA Website:<https://www.sdstate.edu/students-association>
City of Brookings Printed on 3/19/2026Page 1 of 1
powered by Legistar™
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 26-022,Version:1
Action on Resolution 26-022, a Resolution Authorizing the City Manager to retain a Construction
Manager at Risk for the replacement of the Brookings Police Station.
Summary and Recommended Action:
Staff recommends approval of the proposed Resolution authorizing the City Manager to negotiate
and execute a Construction Manager at Risk services contract with Hausmann Construction, Inc. for
the replacement of the Brookings Police Station.
Attachments:
Memo
Resolution
Resolution 26-017
City of Brookings Printed on 3/19/2026Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: John R. Thompson, Public Works Director
Council Meeting: March 24, 2026
Subject: Resolution 26-022: Construction Manager at Risk Services
Presenter(s): John R. Thompson, Public Works Director
Summary and Recommended Action:
Staff recommends the approval of the proposed resolution authorizing the City Manager
to negotiate and execute a Construction Manager at Risk (CMAR) services contract with
Hausmann Construction, Inc. for the replacement of the Brookings Police Station.
Item Details:
The City issued a Request for Proposals (RFP) to solicit qualified firms to provide
Construction Manager at Risk (CMAR) services for the replacement of the Brookings
Police Station. The selected CMAR will provide schematic design support,
preconstruction services, and construction services for the replacement of the current
facility.
The City received 14 proposals. All proposals were reviewed and evaluated by the
City’s CMAR selection committee, in accordance with the evaluation criteria established
in the City’s CMAR procedures. The criteria included company background, relevant
project experience, education, and experience of the proposed team, project approach,
CMAR experience, and demonstrated knowledge of the local and regional
subcontractor market.
Based on this evaluation, the committee shortlisted the top 3 firms. The shortlisted
firms were invited to provide formal presentations to the selection committee. Following
the presentations and interviews, the committee ranked the firms based on the criteria
outlined in the City’s CMAR procedures, which include firm experience and
qualifications, availability of key team members, team structure and history of working
together, technical work process, proposal quality, interview responses, and price
proposal.
Approval of the proposed resolution will authorize the City Manager to negotiate and
execute a CMAR services contract with the top-ranked firm, Hausmann Construction,
Inc. If an agreement cannot be reached, the City Manager will retain authorization to
negotiate an agreement with the second-ranked firm, Henry Carlson Construction, LLC.
On February 10, 2026, the City adopted Resolution 26 -017, which amended the City’s
previously established CMAR procedures to ensure compliance with State law.
Legal Consideration:
None.
Strategic Plan Consideration:
Fiscal Responsibility – The City of Brookings will responsibly manage resources through
transparency, efficiency, equity, and exceptional customer service.
Safe, Inclusive, Connected Community – The City of Brookings will create an
environment for inclusive programs, gathering places, and events where the community
can safely live, work and come together to participate in opportunities for learning,
recreation and enjoyment.
Service and Innovation Excellence – The City of Brookings will provide an accessible
environment committed to ongoing innovation and outstanding service through listening
and engagement.
Sustainability – The City of Brookings will meet environmental, community and
economic desires and needs without compromising future generations’ quality of life by
strategically planning, implementing and maintaining infrastructure and facilities.
Financial Consideration:
Sufficient appropriations exist in the Fiscal Year 2026 adopted budget, Fund 531 –
Police Department Consulting/Engineering. The proposed cost to establish a
Guaranteed Maximum Price (GMP) is $10,000.
Supporting Documentation:
Resolution
Resolution 26-017
RESOLUTION 26-022
A RESOLUTION AUTHORIZING THE CITY MANAGER TO RETAIN A
CONSTRUCTION MANAGER AT RISK (CMAR) FOR THE REPLACEMENT
OF THE BROOKINGS POLICE STATION
WHEREAS, the City of Brookings, pursuant to State law requirements, adopted
Resolution 26-017, which amends the existing procedures for Construction Manager at
Risk projects established by Resolution 21-113; and
WHEREAS, it is in the City’s interest to utilize the services of a Construction Manager at
Risk for the replacement of the Brookings Police Station, which is an aging public safety
facility which lacks functionality and is requiring costly repairs; and
WHEREAS, in accordance with Resolution 26-017, the City issued requests for
proposals from qualified CMAR firms for the project, and received 14 competitive
proposals; and
WHEREAS, the qualifications of the 14 proposals were evaluated by the City’s CMAR
selection committee and shortlisted to the top 3 proposals based on the evaluation
criteria of Resolution 26-017; and
WHEREAS, the top 3 proposals were invited to make a presentation to the City’s
selection committee; and
WHEREAS, the City’s selection committee unanimously selected Hausmann
Construction, Inc. as the first ranked most qualified firm to provide CMAR services
based on selection criteria of Resolution 26-017; and
WHEREAS, the City’s selection committee unanimously selected Henry Carlson
Construction, LLC, as the second ranked most qualified firm to provide CMAR services
based on selection criteria of Resolution 26-017.
NOW , THEREFORE, BE IT RESOLVED that the City Manager of the City of Brookings
is authorized to negotiate and enter into a contract with Hausmann Construction, Inc. for
CMAR services for the replacement of the Brookings Police Station. If an agreement for
services cannot be reached with Hausmann Construction , Inc., the City Manager is
authorized to negotiate and enter into a contract with Henry Carlson Construction, LLC.
Passed and Approved on the 24th day of March, 2026.
CITY OF BROOKINGS, SD
_______________________________
Oepke G. Niemeyer, Mayor
ATTEST:
_____________________________
Bonnie Foster, City Clerk
RESOLUTION 26-017
A RESOLUTION AMENDING PROCEDURES FOR CITY OF BROOKINGS
CONSTRUCTION MANAGER-AT-RISK PROJECTS
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota as
follows:
Section 1. Purpose.
In order to comply with State law requirements for construction manager-at-risk
("CMAR") projects, the City of Brookings adopts these procedures and will select CMAR
firms to provide construction management services for authorized projects in
accordance with the following procedures:
Section 2. Findings and Determinations.
The City of Brookings makes the following determinations:
a. It is in the City's interest to utilize the services of a construction manager for
construction of the Brookings Police Department Facility, and future projects
expressly authorized by resolution of the City Council; and
b. That the construction management services would not unreasonably duplicate
and would be in addition to the normal scope of separate architect or engineer
contracts concerning the construction of authorized projects; and
c. The construction manager shall be a CMAR and be solicited through a
qualification-based request for proposals method of procurement as provided in
SDCL § 5-18B-44. The CMAR, for any actual construction contracted by the
CMAR to be performed on the project shall provide payment and performance
bonds and competitive bids for the work as required by any statute governing
bidding and bonding for public improvement projects.
Section 3. Definitions.
For purposes of these procedures, the following definitions apply:
a. "City" means the City of Brookings.
b. "CMAR" means construction manager-at-risk
c. "Department" is defined as any department of the City of Brookings, including the
Dacotah Bank Center.
d. "Firm" is defined as any individual, firm, partnership, corporation, association,
joint venture, or other legal entity permitted by law to practice construction
contracting in the State of South Dakota.
e. "Project" is defined as that project described in the public announcement.
Section 4. Minimum Qualification Requirements for Firms Providing CMAR
Services.
Firms providing CMAR services shall be registered with the Department of Revenue
prior to contract award. Where required by State law, the CMAR shall be able to provide
construction management services by licensed or registered individuals.
Section 5. Public Announcement Procedures.
Except in emergency situations, the Department will publish an announcement in
accordance with SDCL §5-1 SB-1 . The announcement will set forth a general description
of the project requiring construction management services and will define the time frame
and procedures for interested qualified firms to apply for consideration. The public
announcement will further state whether construction management firms will be pre-
qualified for the project.
Section 6. Request for Proposals.
The City will prepare a Request for Proposal ("RFP"). The RFP developer may be either
a private firm retained by the City or may be a staff member of the City. The RFP
developer is prohibited from being part of the bidding entity. The RFP may include the
following:
• Background and Description of the project
• Preliminary Project Schedule
• Outline of CMAR Best Value selection process and timeline
• Detailed description of the scope of services for each phase of the project
• RFP evaluation criteria and requirements of RFP response
The purpose of the RFP is to furnish sufficient information for firms to prepare
qualitative proposals and price proposals. The firm submitting the successful proposal
shall develop a detailed proposal based on the criteria in the RFP. All Requests for
Proposals shall also comply with the City's Purchasing Policy Guide.
Section 7. Evaluation Criteria for Shortlisting Construction Management Firms.
The City's selection committee will review proposals from all candidate firms and
shortlist no more than three firms who will be invited to be interviewed. Shortlisting will
be based the following qualifications:
a. Company background
b. Applicable and relevant experience and education of proposed key team
members
c. Team I personnel experience working together and on similar projects
d. Project approach including working in South Dakota on CMAR projects for public
sector clients
e. Demonstrated knowledge of the local and regional subcontractor market
To be considered for the shortlist selection, the firm must demonstrate the ability to
provide a performance and payment bond as described in the RFP.
Section 8. Criteria for Selecting Construction Manager Firm.
The City's selection committee will rely on the information contained and presented in
the proposals, interviews, and reference checks in making the decision to select the
best value and the most qualified firm to provide services for this project. Selection
criteria will be based on:
a. Experience, qualifications, and availability of proposed team leaders
b. Broader team structure
c. History of project team working together
d. Technical work process
e. Proposal, interview and response
f. Price Proposal
Section 9. Construction Manager-at-Risk Proposal Requirements.
(1) The RFP shall outline proposal submittal requirements including but limited to the
following:
a. Letter signed by an individual authorized to commit the proposed team to the
scope of work proposed consortiums, joint ventures, or teams submitting
proposals must establish contractual responsibility solely with one company
or one legal entity. Each submittal should indicate the entity responsible for
execution on behalf of the proposal team.
b. Identification of proposed team members with proposed roles and
responsibilities.
c. Project approach and management capabilities.
d. Relevant project experience
e. Statement from a surety company authorized to do business in South Dakota
indicating the firm(s) bonding capacity and ability to obtain a performance and
payment bond in the amount specified in the RFP.
f. Certification statement that proposal response will remain in effect for 30 days,
and all representations stated in the Response to RFP are true and accurate,
and acknowledge that all costs associated with preparation of the Response to
RFP will be the responsibility of the proposing CMAR.
(2) Each firm submitting a proposal shall submit a Qualitative Proposal and a Price
Proposal. Proposals shall be segmented into two packages;
• Qualitative Proposal. A qualitative proposal shall include management
plan, schedule, and other data requested in response to the RFP.
Qualitative proposals shall be submitted in a sealed package, which
identifies the project and the construction management firm on the outside
of the package. Each firm shall place the words "QUALITATIVE
PROPOSAL" on the outside of the package.
• Price Proposal. Price proposals shall include CMAR fee per phase of the
project, a detailed description of management staff general conditions, a
detailed description of certain reimbursable general conditions and other
cost related questions that pertain the performance of the requested
scope of services. Each firm shall submit its price proposal in a separate
sealed package. Each firm shall place the words "PRICE PROPOSAL" on
the outside of the package.
Section 10. Negotiating Owner I Construction Manager at Risk Agreement and
Preservation of Confidential Information.
The procedures for negotiations between the City of Brookings and those submitting
proposals prior to the acceptance of a proposal are as follows:
Upon completion of the interviews, the firms will be ranked. The City will start
negotiations of the contract with the highest-ranking firm. If an agreement for
services cannot be reached with the highest ranked firm, the City will move to the
second ranked firm . The same process will be repeated with the other ranked firms if
no such agreement can be reached. The City reserves the right to not select a firm
as part of this process if an agreement cannot be reached with the interviewed firms.
The procedures shall also contain safeguards to preserve confidential information and
proprietary information supplied by those submitting proposals consistent with §5-188-
34, which are as follows:
Until a proposal is accepted, information in the proposal remain the property of the
person making the proposal. The City will make reasonable efforts to maintain the
secrecy and confidentiality of any proposal and all information contained in any
proposal and the City will not disclose any proposal or the information contained in a
proposal to the CMAR's competitors. The City will not disclose, except as may be
permitted pursuant to Chapter 1-27, confidential and proprietary information
contained in any proposal to the public until such time as the City takes final action
to accept a proposal.
Section 11. Emergency Procedures.
The procedures for awarding construction management firm contracts in the event of
public emergencies as defined in § 5-1 SA-9 are as follows:
The City may make an emergency procurement without advertising the procurement
if there exists a threat to public health, welfare, or safety or for other urgent and
compelling reasons. An emergency procurement will be made with such competition
as is practicable under the circumstances. A written determination of the basis for
the emergency and for the selection of the particular contractor will be included in
the contract file .
Passed and Approved this 10 th day of February, 2026.
,SD
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 26-023,Version:1
Action on Resolution 26-023, a Resolution Awarding the Contract for the Slurry Seal Project.
Summary and Recommended Action:
Staff recommends approval of the proposed Resolution to award a contract for the Slurry Seal
Project, utilizing the City of Sioux Falls Bid #26-1019 Surface Treatment Program - Slurry Seal for
Sioux Falls and Surrounding Communities.
Attachments:
Memo
Resolution
Map
City of Brookings Printed on 3/19/2026Page 1 of 1
powered by Legistar™
ChaCity Council Agenda Item Memo
From: Charles Richter, City Engineer
Council Meeting: March 24, 2026
Subject: Resolution 26-023: Contract Award - Slurry Seal Contract
utilizing City of Sioux Falls Bid #26-1019 Surface Treatment
Program - Slurry Seal for Sioux Falls and Surrounding
Communities
Presenter: Charles Richter, City Engineer
Summary and Recommended Action:
Staff recommends approval of a contract for the Slurry Seal Project, utilizing the City of
Sioux Falls Bid #26-1019 Surface Treatment Program - Slurry Seal for Sioux Falls and
Surrounding Communities. The contract is under budget at $1.34 million.
Item Details:
The City seals streets on a seven-year rotation. In 2024, the Public Works Department
instituted a pilot program for a slurry seal treatment versus a chip seal treatment. Over
the past two years the slurry seal treatment has proven to provide a better product and
experience for drivers and the public as the slurry seal cures quickly, allowing for short
duration street closures, reduces City labor, and fully embeds aggregate chips, which
reduces the amount of loose stone on the roadway. Since this surfacing treatment has
proven to be successful, the City has decided to continue utilizing slurry seals in 2026.
The 2026 project area mainly includes: residential streets south of 12th Street South,
between Medary Avenue and 22nd Avenue; residential streets south of 20th Street South
and west of Medary Avenue; and portions of Western Avenue, Medary Avenue, West
8th Street South, 12th Street South, and 22nd Avenue South. Portions of some higher
raffic arterial streets are planned to be completed at night, if feasible.
The City of Sioux Falls opened bids for this project on February 19, 2026 and provided
results to the participating Cities on February 23, 2026. The lowest bidder for this
project was Asphalt Surface Technologies Corp. of Saint Joseph, MN.
The proposed Resolution will authorize the City Manager to enter into a contract with
Asphalt Surface Technologies Corp. in the amount of $1,337,150.62
Legal Consideration:
Resolution 26-003, adopted on January 13, 2026, designates governmental purchasing
authorities the City can utilize to purchase from, if the governmental entity’s
procurement process is in compliance with the State’s procurement requirements. The
City of Sioux Falls bid process was in compliance with State requirements.
Strategic Plan Consideration:
Fiscal Responsibility – The City of Brookings will responsibly manage resources
through transparency, efficiency, equity, and exceptional customer service.
Sustainability – The City of Brookings will meet environmental, community and
economic desires and needs without compromising future generations’ quality of
life by strategically planning, implementing and maintaining infrastructure and
facilities.
Financial Consideration:
Sufficient appropriations of $1,350,000 are included in the adopted 2026 fiscal year
budget, fund 213 - Capital Improvement Projects, Streets and Sidewalks. The contract
amount with Asphalt Surface Technologies Corp, of Saint Joseph, Minnesota will be
$1,337,150.62.
Supporting Documentation:
Resolution
Map
RESOLUTION 26-023
RESOLUTION AWARDING THE CONTRACT FOR THE SLURRY SEAL
W HEREAS, the Public Works Department requests action to award a contract for Slurry
Seal, utilizing City of Sioux Falls Bid #26-1019 Surface Treatment Program - Slurry Seal
for Sioux Falls and Surrounding Communities; and
W HEREAS, Asphalt Surface Technologies Corporation from Saint Joseph, Minnesota
was identified by the City of Sioux Falls as the lowest responsive bidder; and
WHEREAS, the City of Brookings adopted 2026 Budget includes sufficient
appropriations in fund 213 (Capital Improvement Plan Infrastructure Maintenance) of
$1,350,000.00.
NOW , THEREFORE, BE IT RESOLVED as follows:
1. That the City of Brookings contract with Asphalt Surface Technologies Corp, in
the amount of $1,337,150.62 be accepted.
2. The City Manager is authorized to sign the contract documents for this Project
and any further contract documents and change orders which may be required.
Passed and Approved this 24th day of March, 2026.
CITY OF BROOKINGS, SD
________________________________
Oepke G. Niemeyer, Mayor
ATTEST:
_______________________________
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ORD 26-011,Version:1
Introduction and First Reading on Ordinance 26-011, an Ordinance Amending Chapter 14 - Animals,
of the Code of Ordinances of the City of Brookings, South Dakota. Public Hearing and Action; April
14, 2026.
Summary and Recommended Action:
To ensure public safety, promote responsible pet ownership, and maintain community standards
within the City of Brookings, a revision to the City’s animal ordinance codes found under Chapter 14
is proposed. The updates clarify regulations related to animal control, licensing, nuisance prevention,
and enforcement procedures.
Staff recommends approval of the proposed ordinance revisions and additions to support effective
animal management and protect the health, safety, and welfare of the community.
Attachments:
Memo
Ordinance - clean
Ordinance - marked
Legal Notice
City of Brookings Printed on 3/19/2026Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Midge Christianson, Executive Coordinator
Hudson Spoonemore, Community Service Officer Supervisor
Michael Drake, Chief of Police
Council Meeting: March 24, 2026/April 14, 2026
Subject: Ordinance 26-011: Revision to City Code of Ordinances,
Chapter 14: Animals
Presenter: Michael Drake, Chief of Police
Summary and Recommended Action:
Department staff recently completed a comprehensive review of Chapter 14 of the City
Code of Ordinances pertaining to animals. The review process included comparison of
applicable South Dakota Codified Laws, as well as animal ordinances from cities similar
to and in proximity to Brookings. Staff recommends approval of the proposed revisions
and additions to Chapter 14.
Item Details:
The existing animal ordinances were adopted in October of 2013. Since that time the
city population has grown substantially, leading to increased frequency and complexity
of animal ordinance calls. The recommended changes will support and enhance the
department’s ability to respond efficiently and effectively in order to protect the health,
safety and welfare of the community.
An overview of key changes and the resulting impact is provided below.
Update definitions and incorporate the use of community service unit and
community service officer terminology to reflect current city and departmental
organizational structure.
Revise pet licensing structure commensurate with current vaccination protocols
to encourage and support responsible pet ownership.
Adjust fine amounts for certain ordinance violations, add financial penalties for
violations of newly adopted ordinances, and enhance penalties for repeat
violations of the dog at large ordinance to encourage compliance and prevent
recurring violations.
Clarify ordinances related to keeping fowl, including chickens.
Align municipal code with provisions of South Dakota codified law in order to
solidify regulatory and enforcement authority to provide care for injured,
diseased, or mistreated animals, as well as liability protections for officers in
carrying out related duties.
Enhance Sec.14-126 pertaining to restricted animals and create a vicious animal
designation. Adopt use of the Dunbar Aggression Assessment Scale to provide
an objective and transparent guide for safety-focused intervention measures.
Add Article VII establishing collaborative and proactive rabies control measures
to prevent the spread of disease.
The following Sections within Chapter 14 have been amended:
ARTICLE I, Sections 14-1, 14-2, 14-5, 14-7, 14-8, 14-10, 14-11, 14-12, 14-13, 14-14,
14-15
ARTICLE II, Sections 14-44, 14-46, 14-48
ARTICLE III, Sections 14-82, 14-84, 14-88
ARTICLE IV, Sections 14-121, 14-122, 14-123, 14-124, 14-125, 14-126, 14-128, 14-
129, 14-130, 14-131, 14-132, 14-133, 14-134, 14-154, 14-183, 14-185, 14-186, 14-188,
14-189,
ARTICLE V, Section 14-221, 14-222, 14-223, 14-227, 14-228, 14-230
ARTICLE VI, Sections 14-262, 14-291, 14-292, 14-293, 14-294, 14-296
ARTICLE VII, Sections 14-297, 14-298, 14-299, 14-300, 14-301, 14-302, 14-303, 14-
304
Legal Consideration:
The City Attorney has reviewed the ordinance amendments and additions.
Strategic Plan Consideration:
Safe, Inclusive, Connected Community – The City of Brookings will create an
environment for inclusive programs, gathering places, and events where the
community can safely live, work and come together to participate in opportunities
for learning, recreation and enjoyment.
Financial Consideration:
There are no anticipated increases to general fund expenditures. Proposed ordinances
include specified fines for violations. Increases to the consolidated fee schedule will be
recommended.
Supporting Documentation:
Ordinance - clean
Ordinance - marked
Legal Notice
ORDINANCE 26-011
AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES OF
THE CITY OF BROOKINGS
BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF
BROOKINGS, STATE OF SOUTH DAKOTA, as follows:
THAT CHAPTER 14, ARTICLE I, Sections 14-1, 14-2, 14-5, 14-7, 14-8, 14-10, 14-11,
14-12, 14-13, 14-14, 14-15 of the Code of Ordinances and pertaining to Animals is
hereby amended to read as follows:
Sec. 14-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings provided in this section, except where the context clearly indicates a different
meaning:
Animal shelter means any building and facilities therein approved by the chief of
police and the health authority for the impounding of animals.
Apparent attitude of attack means threatening and overtly aggressive actions of an
animal that places a reasonable person in imminent fear of bodily injury, including, but
not limited to, snarling, growling, elevated or exaggerated noise, combined with an
attack-ready body position when the animal is approached.
At large means:
(1) An animal when off or away from the premises and not under the control of the
owner, possessor, keeper, agent, servant, or a member of his or her immediate family
by a leash.
(2) An animal when on the premises of the owner, possessor, keeper, agent, or
servant if not attended by a competent person unless the animal is chained, restrained,
enclosed, or confined in a manner preventing it from leaving the premises.
Community cat means a cat that is feral; to include cats that do not have a specific
owner but have established a community territory and receive limited support from time
to time from various residents.
Community service unit means the unit charged with animal control for the City of
Brookings.
Community service officer means a person designated by the city to act as a
community service officer of the city.
Domestic animal means any animal that through long association with man has
been bred to a degree that has resulted in genetic changes affecting the temperament,
color, conformation, or other attributes of the species to an extent that makes it unique
and different from wild individuals of its kind. A chicken is not a domestic animal.
Fowl means chickens, ducks, geese, turkeys, pheasants, qu ail, partridge, guineas,
or other like domestic birds.
Handler means a person who is responsible for and capable of controlling the
operations of a guard dog.
Leash means a cord, thong, or chain by which an animal is controlled by the person
accompanying it.
Owner or caretaker means any person harboring or keeping an animal and who is
the head of the household of the residence or any adult residing thereat if any head of
household is not present, or the person, owner, or manager in charge of the
establishment or premises at which an animal remains or returns to.
Pet means any domestic animal kept in or near a household for the primary
purpose of companionship for member(s) of the household and/or companionship for
other such animals. This includes dogs, cats, guinea pigs, hamsters, rats, mice, ferrets,
birds other than fowl, rabbits, reptiles (other than those expressly prohibited by this code
in section 14-225), amphibians, invertebrates, and species that a reasonable person
would consider a pet. Fowl and livestock are not pets. The keeping of fowl or livestock
including, but not limited to, swine, cattle, cows, sheep, horses, mules, or goats shall not
be governed by this section of the code but shall be governed by other applicable
sections of this code.
Serious injury means physical injury, which creates a substantial risk of death,
causes serious and prolonged disfigurement, prolonged impairment of health, or
prolonged loss or impairment of the function of any bodily organ.
Slaughter means the act of killing fowl, rabbits, livestock, or any other animal for the
purpose of food.
Stray animal means a domestic animal which, for the time being, has no identified
owner.
Surrendered animal means an animal voluntarily given up by its owner for
placement with a shelter or rescue organization, resulting in the transfer of ownership
and legal rights over the animal to the receiving agency.
Sec. 14-2. Stray or surrendered animals.
(a) Acceptance; conditions. The city animal shelter will accept stray or
surrendered animals from residents of the County of Brookings for adoption or humane
disposition provided that the appropriate fees are paid and authorization is given by the
owner or caretaker of the animal.
Sec. 14-5. Confinement of animals which cause injury to persons; immunization
against rabies required before release.
(a) A community service officer, police officer or other person of proper authority is
authorized and empowered to impound and confine any animal which they have
reason to believe has bitten, scratched or otherwise injured any person.
(b) Any animal that has the potential to carry rabies and that has injured any person
shall be confined at the expense of the owner or caretaker of the animal for a
period of 14 days in the manner directed by the community service unit or police
department; however, if there is reason to believe that the animal is rabid, an
additional confinement period may be ordered to determine whether the animal is
rabid.
(c) Any animal that has bitten or attacked that cannot be captured may be destroyed in
a manner that the head is not damaged and can be submitted for a rabies
examination to a laboratory.
(d) If it is determined during the confinement period that the animal may have rabies
and a tentative diagnosis is given by a licensed veterinarian, the community service
officer shall euthanize the animal by humane means and obtain laboratory
confirmation of rabies.
(e) Every owner or caretaker having knowledge that their animal has bitten or is
suspected of biting a human shall immediately report the incident to the city's
community service officer for confinement and testing of the animal in accordance
with the provisions of this chapter.
(f) The owner or caretaker of any dog or cat confined under the provisions of this
section may obtain release of their dog or cat from confinement upon
demonstrating proof of a current rabies vaccination and proof of a current dog or
cat license, and upon approval of the community service officer.
(g) The community service unit or any designated city employee is authorized to enter
upon private property for the purpose of enforcing this section. No person may
conceal any animal or otherwise interfere with the proper enforcement of this
section. A community service officer or any designated city employee may impound
an animal for the purposes of rabies testing or when the owner or caretaker fails to
comply with this section.
Sec. 14-7. Unattended animals in standing or parked vehicles; authority to
remove and liability for removal.
No owner or caretaker shall leave a dog, cat or other small animal unattended in a
standing or parked vehicle in a manner that endangers the health or safety of such
animal. The owner or operator of a vehicle containing an unattended animal will be
contacted if possible before reasonable force is used to remove such animal by a
community service officer or police officer. Removal of an unattended animal by a
community service officer or police officer shall not constitute a violation of city
ordinance.
Sec. 14-8. Stray, abandoned or unkept animals.
(a) No person or caretaker shall harbor or keep stray animals. Animals known to be
strays shall be immediately reported to the city community service unit by the person
who observes the stray animal.
(b) No person shall put out any food for the purpose of feeding or attracting any stray
or abandoned animal. The placing of food to capture stray or abandoned anim als by
community service officers is not prohibited.
Sec. 14-10. Abandoned animals.
No person shall abandon an animal in the city. Authorized trap-neuter-return in
accordance with this chapter is not abandoning an animal.
Sec. 14-11. Hunting prohibited.
No person shall hunt game in the city. GAME means any wild bird or animal hunted
for sport or for use as food. HUNT means to pursue game while in possession of a
firearm or weapon for sport, food or to kill. This section does not apply to police officers
or community service officers in the discharge of their official duties, or to persons who
are authorized by the chief of police and have been issued a special access permit by
the state department of game, fish and parks for a specific area be ing hunted.
Sec. 14-12. Trapping of animals.
Without permission of the chief of police, no person shall set, allow to be set, or use
any trap for the purpose of catching any animal, which trap could injure or kill any
animal, except rodent traps in the interior of a building, and except by persons
employed by or agents of the chief of police or city parks department for purposes of the
city’s health and welfare.
Sec. 14-13. Deer feeding prohibited.
(a) No person being the owner or occupant of any pa rcel of real property within the
corporate limits of the city shall place thereon, or allow to remain thereon, any unnatural
food source, nor shall any person place such unnatural food source upon the real
property of another or upon any public property. It shall be an affirmative defense to any
prosecution hereunder that the unnatural food source was placed not less than five feet
above the ground and was not accessible to deer, or that the unnatural food source was
placed in good faith for the purpose of feeding domestic livestock or pets by or at the
request of a person owning or having responsibility for the domestic livestock or pets, or
that the unnatural food source was placed in good faith for a purpose other than
attracting deer and that the attraction of deer is only an incidental result.
(b) Nothing in this section shall be construed to apply to any act by a governmental
agency or to any employee or authorized agent thereof in the course of his or her
employment or agency. Specifically, nothing in this section shall be construed to prohibit
the baiting of deer by authorized government agents in furtherance of an approved plan
to reduce deer population or in furtherance of an approved plan to entice deer out of the
urban environment into a less urban and more natural environment.
Sec. 14-14. Exemption for police dogs.
The provisions of this chapter shall not apply to any federal, state, or local law
enforcement agency or dog used by or belonging to such agency, provided that such
dog shall be vaccinated for rabies as required by this chapter, and a dog's handler shall
have proof of such vaccination for display as may be required. Also, at any time such
dog is off leash or otherwise at large, it shall be under the control of o r in the
performance of functions or duties for a law enforcement officer or handler acting on
behalf of a law enforcement agency.
Sec. 14-15. Enforcement.
All provisions of this chapter related to animals may be enforced by a community
service officer or police officer employed by the city of Brookings. A violation of any
section may result in issuance of a citation or warning requiring corrections.
Secs. 14-16—14-40. Reserved.
THAT CHAPTER 14, ARTICLE II, Sections 14-44, 14-46, 14-48 of the Code of
Ordinances and pertaining to Animals is hereby amended to read as follows:
Sec. 14-44. Poisoning of animals.
Unless recommended by the chief of police it is unlawful for any person to willfully or
maliciously administer or cause to be administered poison of any sort whatsoever to any
animal on the property of another with the intent to injure or destroy such animal, or to
willfully or maliciously place any poison or poisoned food where the same is accessible
to any animal. Rodenticides must be administered by a licensed exterminator, with the
exception that anyone may administer a warfarin rodenticide.
Sec. 14-46. Injured or ill animals.
Whenever a community service officer encounters a stray animal suffering pain, the
community service officer shall take the animal to a veterinarian where the cost of any
care or treatment shall be borne by the owner or caretaker.
(a) If an animal without identification is suffering, injured or otherwise diseased and
the owner cannot be found, it will be the duty of the community service officer to
determine if that animal, for humane reasons and due to the extent of the injury and/or
the suffering, shall be destroyed. The city and community service officer shall not be
held liable in any way for this humane act.
(b) If an injured animal with a license tag issued by the city is picked up, it shall, if
possible, be delivered to a licensed veterinarian. All expenses of the city and the
veterinarian charges and fees must be paid by the animal owner.
Sec. 14-48. Removal of animal; exigent circumstances.
Any community service officer finding an animal or fowl mistreated as described in this
section shall have the power to lawfully enter the premises where the animal is kept and
demand to examine the animal and to take possession of the animal, when in his or her
opinion, the animal requires humane treatment.
Secs. 14-49—14-80. Reserved.
THAT CHAPTER 14, ARTICLE III, Sections 14-82, 14-84, 14-88 of the Code of
Ordinances and pertaining to Animals is hereby amended to read as follows:
Sec. 14-82. Proximity of fowl to dwellings.
No person may keep, enclose, or house fowl, except pigeons, and except falcons
and hawks in the possession of a state and federally licensed handler in any house,
pen, coop or enclosure or other building situated within a distance of 125 feet of any
church, school or other public building, unless otherwise authorized under applicable
zoning regulations.
Sec. 14-84. Sanitary condition required.
No person may keep or maintain any building or enclosure where livestock or fowl
are kept unless the building or enclosure is kept at all times in a clean and sanitary
condition and in accordance with the rules and regulations of the city.
Sec. 14-88. Fowl at large.
It is unlawful for any person to permit or allow any fowl except pigeons and except
falcons and hawks in the possession of a state and federally licensed handler, to run or
be at large within the city.
THAT CHAPTER 14, ARTICLE IV, Sections 14-121, 14-122, 14-123, 14-124, 14-125,
14-126, 14-128, 14-129, 14-130, 14-131, 14-132, 14-133, 14-134, 14-154, 14-183, 14-
185, 14-186, 14-188, 14-189 of the Code of Ordinances and pertaining to Animals is
hereby amended to read as follows:
DIVISION 1. GENERALLY
Sec. 14-121. Dogs running at large.
(a) Except on property designated by the city as an animal off-leash area, it shall
be unlawful for any person to have any animal which is owned, kept, harbored, or
allowed to be habitually in or upon the premises occupied by him or her or under his or
her control to be at large and to go in or upon the private premises of others or upon
any public property.
(b) Each violation of this section committed by an owner or caretaker on a separate
and subsequent date shall be subject to enhancing penalty amounts as set forth by the
city in the fine and fee schedule.
(c) Community cats shall not be impounded for solely being at large.
Sec. 14-122. Impoundment of dogs.
A community service officer may impound any dog which is at large if the owner or
caretaker of the dog cannot be located or is not available to take immediate possession
of the dog. For purposes of this chapter, a dog is considered at large if it is not on a
leash and is either off its owner's or caretaker's premises or is upon or returns to its
owner's or caretaker's premises and its owner or caretaker is not present at such
premises at such time.
Sec. 14-123. Disturbance of the peace.
(a) The owner or caretaker of an animal may not allow the animal to create a
disturbance by making loud continuous noises at any time of the day or night.
(b) A community service officer or police officer may remove and impound the animal
which is disturbing the peace when the owner or caretaker of the animal cannot be
located. a community service officer or police officer removes an animal because of
a disturbance and the owner or caretaker cannot be located, a notice advising the
owner or caretaker of the impoundment and complaint shall be left at the premises
of the owner or caretaker.
Sec. 14-124. Emergency confinement.
A community service officer or the police chief, in an emergency, may order that all
dogs and cats in the city be confined in such a manner as to make it impossible for such
dogs and cats to bite any person, dog, cat or other animal. A statement declaring the
confinement order shall be issued to all local news media and shall require confinement
of all dogs and cats upon 24 hours' notice.
Sec. 14-125. Defecation disposal.
(a) The owner, keeper, caretaker or attendant of a dog or cat which defecates upon
public or private property other than their own shall immediately clean and remove the
fecal material from such public or private property. Public property includes any
boulevard, park or playground in the city.
(b) Anyone walking an animal on public or private property other than his or her own
must carry with him or her visible means of cleaning up any fecal matter left by the
animal. Animals used in parades or involved in law enforcement are exempt from this
section.
Sec. 14-126. Restricted animals.
(a) An animal may be declared restricted by the chief of police or the attending
physician of the victim of an animal bite or scratch may request the declaration,
under the following guidelines:
(1) An animal which in a vicious or terrorizing manner approaches in an apparent
attitude of attack, or bites, inflicts injury, assaults, or otherwise attacks a per son or
other animal, upon the streets, sidewalks, or any public or private grounds or
places.
(2) No animal may be declared restricted if the injury or damage is sustained to
any person or animal who is committing a willful trespass or other tort upon
premises occupied by the owner or keeper of the animal, or who was teasing,
tormenting, abusing, or assaulting the animal, or was committing or attempting to
commit a crime.
(3) An animal that has been previously declared by another jurisdiction if the
circumstances leading to the declaration in the other jurisdiction would have been
sufficient for a restricted declaration had the events occurred within the city of
Brookings.
(b) When the chief of police declares an animal restricted, the chief of po lice shall
notify the owner of the declaration in writing that the animal must be registered as a
restricted animal within 15 days after the receipt of the written notice. The notice
shall be served either in person or by mailing the notice by certified ma il.
(c) The owner of an animal that has been declared restricted shall make application to
the community service office unit to register the restricted animal and shall comply
with the following:
(1) The owner of the animal shall notify the community service unit of any changes
in the following:
A. Ownership of the animal;
B. Name, address, and telephone number of a new owner;
C. Address change of the owner or any change in where the animal is housed;
D. Any change in the health status of the animal; and
E. Death of the animal.
(2) If the animal is indoors, the animal shall be under the control of a person over
18 years old;
(3) If the animal is outdoors and attended, the animal shall be muzzled on a leash
no longer than 6' and under the control of a person over 18 years of age;
(4) If the animal is outdoors and unattended, the animal must be locked in an
escape- proof kennel approved by the community service officer. Minimum
standards shall include the following:
A. Fencing materials shall not have openings with a diameter of more than 2". In
the case of a wooden fence, the gaps shall not be more than 2".
B. Any gates within the pen or structure shall be lockable and of a design to
prevent the entry of children or the escape of the animal;
C. The required pen or structure shall have secure sides and a secure top. If the
pen or structure has no bottom secured to the sides, the sides shall be imbedded
into the ground or concrete;
D. The pen or structure shall protect the animal from the elements; and
E. The pen or structure may be required to have double exterior walls to prevent
the insertion of fingers, hands, or other objects.
(5) The animal shall be permanently identified by injecting an identification
microchip into the animal using standard veterinarian procedures and practices.
The number and the veterinarian who injected the microchip are to be reported to
the community service unit;
(6) A sign provided by or approved by the community service unit denoting a
restricted animal shall be displayed on the kennel or enclosure and on a place
visible from the sidewalk or road adjacent to the property where the animal is kept.
Said sign must warn the public as follows:
WARNING. RESTRICTED DOG ON THIS PROPERTY. DOG IS ONLY ALLOWED
OUT OF HOUSE OR PEN WITH LEASH AND MUZZLE. THIS DOG HAS BEEN
DECLARED RESTRICTED UNDER CITY OF BROOKINGS ORDINANCE.14-126.
REPORT VIOLATIONS TO THE BROOKINGS POLICE DEPARTMENT
COMMUNITY SERVICE UNIT (605-692-2113).
The sign must also include a picture or symbol that conveys the idea of a vicious
dog to small children who cannot read;
(7) The owner shall carry $100,000 animal liability insurance covering the medical
and/or veterinary costs resulting from the vicious actions or any other damage the
animal may do or cause to be done. Proof of insurance shall be filed with the
community service unit;
(8) The owner shall present proof of current rabies vaccination and current city
license of the animal to the community service unit; and
(9) The owner shall present proof the animal has been altered to prevent
reproduction to the community service unit.
(d) The restricted animal shall be impounded by the community service unit at the
owner's expense until a time as all provisions of division (c) above are complied
with.
(e) If the conditions in division (c) above are not complied with, the animal shall be
euthanized in a humane manner and proof of euthanasia filed with the community
service unit.
(f) Any restricted animal not in compliance with this article shall be seized by a
community service officer or police officer and impounded. If the animal cannot be
captured, it may be destroyed. A community service officer or police officer may
order the owner to deliver the animal to the animal shelter within 24 hours and the
owner ordered to appear in court to show cause why this animal shall not be
destroyed. If the owner of the animal fails to deliver the animal as ordered, a
community service officer or police officer shall use those means as are necessary
to impound the animal.
Sec. 14-128. Sanitary conditions required.
No person may keep or maintain any building, enclosure, yard or kennel area
where animals are kept unless it is kept at all times in a clean and sanitary condition
and is not permitted to become stagnant, noxious or a nuisance. Failure to clean up
unsanitary conditions after inspection and verbal or written notice by a community
service officer constitutes a violation of this section.
Sec. 14-129. Appeal permitted.
(a) Any party who is aggrieved by any action or decision of a community service
officer to declare an animal as biting, dangerous or vicious may appeal the
decision. The party who wishes to appeal is referred to as the "appellant." An
independent hearing examiner, who must be a member in good standing of the
state bar of South Dakota, shall be assigned to hear the appeal.
(b) Appeals shall be commenced by filing a written notice of appeal either in person or
postmarked within 15 days of the decision. The written notice of appeal shall be
printed legibly or typed and contain the following info rmation:
1. The reasons the appellant believes the decision is objectionable, incorrect or
illegal;
2. The type of claim or dispute involved and the time during which it accrued or
occurred;
3. The name, address and telephone number of the appellant;
4. The number of the citation being appealed, if applicable;
5. A statement indicating whether the appellant desires the administrative appeal
hearing to be open or closed to the public. All administrative appeal hearings
are presumed to be open to the public. If either party requests a hearing that is
closed to the public, the party requesting the closed hearing must present good
cause to the hearing examiner that the public interest in having an open
hearing is outweighed by the privacy interest involved in a particular case or
that a closed hearing is legally required based upon the nature of the evidence
to be presented at the administrative appeal hearing;
6. If the appellant is to be represented by a legal representative, the name,
address and telephone number of the representative; and
7. The signature of the appellant, legal representative and/or corporate agent.
(c) There shall be no fee to file an appeal. Compliance with the above time limit and
notice of appeal information requirements shall be jurisdictional prerequisites to any
appeal. Failure to comply with any of these requirements shall be deemed to waive
the right to a hearing.
(d) If the appellant complies with the jurisdictional requirements for an appeal, then the
city will take no further action to enforce the decision until the hearing examiner
renders a final decision. However, the provisions for prior notice and hearing may
be dispensed with when, in the opinion of a community service officer, immediate
action is necessary to summarily abate a dangerous condition on public or private
property or there is an imminent threat to life or safety on public or private property.
A community service officer shall take only such action as is reasonably necessary
to summarily abate the danger, and then the city will take no further action to
enforce the decision until the hearing examiner renders a final decision.
(e) A community service officer, or his or her designee, shall immediately deliver a
copy of the appeal to the city attorney who will act as the city's legal counsel.
Sec. 14-130. Vicious animals.
(a) An animal may be declared vicious by the chief of police under the following
minimum guidelines:
(1) An animal that in a vicious or terrorizing manner, engages in contributing pack
behavior or bites, inflicts injury to, assaults, or otherwise attacks a person or other
animal upon the streets, sidewalks, or any public or private grounds or places, resulting
in the death of the person or other animal.
(2) An animal that, in a vicious or terrorizing manner, engages in contributing pa ck
behavior or bites, inflicts injury to, assaults, or otherwise attacks a person or other
animal resulting in:
A. A bite wound with one to four punctures from a single bite with at least
puncture of which estimates indicate that more than 50% of the length of the canine
teeth entered the victim’s body;
B. Serious injury to the person or animal; or
C. A Level 4 or higher aggression incident on the Dunbar Aggression
Assessment Scale.
(3) An animal that has been previously declared in another jurisdiction if the
circumstances leading to the declaration in the other jurisdiction would have been
sufficient for a vicious declaration had the events occurred within the city of Brookings.
(4) No animal may be declared vicious if the injury or damage is sustained to any
person or animal who is committing a willful trespass or other tort upon premises
occupied by the owner or keeper of the animal, or who was teasing, tormenting,
abusing, or assaulting the animal, or was committing or attempting to commit a crime.
(b) When the chief of police declares an animal vicious, the chief of police shall notify
the owner of the declaration in writing. The notice shall be served either in person or by
mailing the notice by certified mail.
(c) It is unlawful for any person to own, harbor, or possess a vicious animal.
(d) Any animal declared vicious shall be euthanized in a humane manner and proof
of euthanasia filed with the community service unit.
(e) Any animal declared vicious shall also have been deemed declared restricted for
purposes of any administrative appeal.
Sec, 14-131. Dunbar aggression assessment scale.
(a) Level 1. Animal growls, lunges, or snarls, but no teeth touch skin. Mostly
intimidation or threatening behavior.
(b) Level 2. Teeth touch skin but no puncture. May have red mark or minor bruise from
the dog’s head or snout, may have minor scratches from paws/nails. Minor surface
abrasions or lacerations.
(c) Level 3. Punctures one to three holes, single bite. No tearing or slashes. Victim
not shaken side to side, bruising.
(d) Level 3.5. Multiple Level 3 bites.
(e) Level 4. Two to four holes from a single bite, typically contact/puncture from more
than canines, which may have considerable bruising, black bruising, tears or slashing
wounds indicating animal clamped down and held or shook head from side to side.
(f) Level 5. Multiple bites at Level 4 or above. A concerted, repeated attack causing
severe injury.
(g) Level 6. Victim dead.
Sec. 14-132. Immediate notice of bite.
The owner, keeper, possessor, caretaker, or attendant of an animal that bites, inflicts
injury to, assaults, or otherwise attacks a person or other animal shall immediately by
the quickest means of communication give notice of such incident to the community
service office unit or the police department and remain on the scene until the
responding community service officer or police officer has indicated the person may
leave.
Sec. 14-133. Duty to give information, render aid.
The owner, keeper, possessor, caretaker, or attendant of an animal that bites, inflicts
injury to, assaults, or otherwise attacks a person or other animal shall immediately stop
and give his or her name and address and shall render to any person injured
reasonable assistance.
Secs. 14-134—14-150. Reserved.
DIVISION 2. LICENSING REQUIREMENTS
Sec. 14-154. Fee.
Before any license may be issued under the provisions of this article, the applicant
shall pay to an authorized agent a fee for each dog or cat to be licensed.
(a) The fee for such license shall be determined from time to time by resolution of
the city council. All applications for license certificates must be accompanied by
a rabies immunization certificate and the appropriate fee. The term of the
license is as follows:
Cats 1 year or 3 years from date of issue depending on the rabies vaccination
given.
Dogs 1 year or 3 years from date of issue depending on the rabies vaccination
given.
(b) The license shall take effect when issued. Each owner or keeper of a dog or
cat must make application to renew the license prior to the expiration of the license,
accompanied by a fee as set forth in the city fee schedule.
DIVISION 3. IMPOUNDMENT AND REDEMPTION
Sec. 14-183. Redemption of a dog or cat by owner or caretaker.
(a) The owner or caretaker of any impounded dog or cat, upon satisfactory proof of
ownership, may redeem their dog or cat upon payment of the impoundment fees
and charges and upon proof of a current rabies vaccination and city license.
(b) The owner or caretaker of any impounded dog or cat which has not been
vaccinated or licensed under this article may redeem their dog or cat by providing
satisfactory proof of ownership and by making a deposit with the community service
unit in the amount established by resolution of the city council. The owner or
caretaker will be allowed five days to vaccinate and license such dog or cat. Upon
presentation within five days of a license issued under this article, the deposit will
be refunded.
(c) If such owner or caretaker fails to procure a certificate of vaccination and city
license within five days, the deposit will be forfeited to the city and delivered to the
city clerk's office, and the dog or cat shall be re-impounded.
Sec. 14-185. Disposition.
(a) If an impounded animal is wearing a license or other means of identification,
the animal shall be confined at the shelter for a period of five days, excluding Sundays
and holidays.
(b) If an impounded animal is not wearing a license or other means of
identification, the animal will be impounded for no more than three days, excluding
Sundays and holidays. The chief of police may authorize a community service unit or a
designee to dispose of animals impounded under this subchapter after the
impoundment period by any humane means.
Sec. 14-186. Alternate procedure.
If a dog or cat cannot be captured and the owner or caretaker is known to a
community service officer, the community service officer may issue a notice to the
owner or caretaker that their dog or cat is in violation of this article. The notice shall
state the violation date, time, location, the breed if known and color of the dog or cat,
the license number, if known, and the name and address of the owner or caretaker of
such dog or cat, and the notice shall direct the owner or caretaker of such dog or cat to
pay the impoundment fees as provided in this article either by mail or in person to the
community service unit officer within ten days. Failure to pay the fees as provided in the
notice shall constitute a violation of this ordinance.
Sec. 14-188. Interference with performance of duties.
No person shall hinder, delay, or obstruct an officer of the community service unit, his
or her assistant, or any law enforcement officer while in performance of any duty of his
or her office or when engaged in capturing, securing, or impounding any anima l.
Sec. 14-189—14-220. Reserved.
THAT CHAPTER 14, ARTICLE V, Section 14-221, 14-222, 14-223, 14-227, 14-228, 14-
230 of the Code of Ordinances and pertaining to Animals is hereby amended to read as
follows:
Sec. 14-221. Registration required.
In the interest of public safety, all wild animals and hybrid animals whose peers
exist predominantly in a wild or nonresidential confined state and whose unconfined
presence might constitute a danger to humans shall be registered with the community
service unit.
Sec. 14-222. Providing registration information to relevant personnel.
The community service unit shall provide copies of all wild animal and hybrid
registrations to the police department and other emergency rescue personnel who may
have reason to enter the premises where wild animals are present for purposes of
rescue operations resulting from a natural disaster or personal emergency.
Sec. 14-223. Running at large prohibited.
It is unlawful for any person to permit or allow any wild or hybrid animal to run at large
within the city.
Sec. 14-227. Owner to report escape of dangerous animals or animals not
indigenous to state.
The owner or caretaker of any member of a species of the animal kingdom that
escapes from their custody or control and that is a dangerous animal or is not
indigenous of this state or presents a risk of physical harm to persons or property shall
immediately if possible and not later than one hour after they discover or reasonably
should have discovered the escape, report the animal to police officer or community
service officer of the city and to the Brookings County Sheriff.
Sec. 14-228. Penalty for violation of article.
Each separate offense of any provision of this article shall be deemed committed once
each day during the period of time a violation occurs or continues.
Sec. 14-230. Animals declared as a biting, dangerous or vicious by another
governmental entity prohibited.
It is unlawful for any person or caretaker to keep, maintain or have in their
possession or under their control within this city any animal which has been declared by
another governmental entity to be a biting, dangerous or vicious animal.
Secs. 14-231—14-260. Reserved.
THAT CHAPTER 14, ARTICLE VI, Sections 14-262, 14-291, 14-292, 14-293, 14-294,
14-296 of the Code of Ordinances and pertaining to Animals is hereby amended to read
as follows:
DIVISION 1. GENERALLY
Sec. 14-262. Right of entry.
A community service officer or their authorized representative shall have the right to
inspect any pet shelter at any reasonable hour for the purpose of enforcing the
provisions of this article.
DIVISION 2. LICENSE
Sec. 14-291. Required.
It is unlawful for any person within the city to keep, maintain or operate a pet shelter
without first having obtained a pet shelter license from the community service unit.
Sec. 14-292. Application; contents; form.
Any person who desires to maintain or operate a pet shelter shall, on or before
December 31st of each year make application to the community service unit for a pet
shelter license. The application shall be in writing, and shall state the name and address
of the applicant, the location of the pet shelter, a desc ription of the type and number of
animals being harbored and the purpose of raising the animals. The application shall be
made on a printed form furnished by a community service unit and shall be filed with the
community service unit.
Sec. 14-293. Inspection.
An inspection of the sanitary conditions of a proposed shelter by the community
service unit is required prior to issuance of the initial pet shelter license.
Sec. 14-294. Fee.
Before any license is issued under the provisions of this article, the applicant shall pay
to the community service unit, a fee for each pet shelter to be licensed. The annual fee
for a pet shelter license shall be as established by resolution of the city.
Sec. 14-296. Revocation.
A pet shelter license may be revoked for any of the following reasons:
(1) Substantiated complaints to a community service officer by adjacent neighbors
about odor or noise.
(2) Unsanitary conditions as determined by a community service officer.
(3) Submission of false information upon the application for a pet shelter license.
(4) Any violation of the provisions of this article.
THAT CHAPTER 14, ARTICLE VII, Sections 14-297, 14-298, 14-299, 14-300, 14-301,
14-302, 14-303, 14-304 of the Code of Ordinances and pertaining to Animals is hereby
amended to read as follows:
Sec. 14-297. Cooperation of joint agencies.
The chief of police shall cooperate with the state department of health, the state
livestock sanitary board, the United States Fish and Wildlife Service, the United States
Public Health Service, the United States Department of Agriculture, state and local
veterinary associations, and any other appropriate city, county, state or federal agency
to reduce rabies in wildlife and domestic animals. The chief of police or public health
authority may institute those additional measures for the control of rabies as may be
deemed necessary by the board of health and the city council.
Sec. 14-298. Vaccination required.
(a) Every dog, cat or other animal susceptible to rabies, held as a domestic pet in the
city, six months of age or older, is hereby required to be vaccinated against rabies by a
licensed veterinarian or other qualified person designated by the board of health. Any
rabies vaccination that is not administered by a licensed veterinarian or other qualified
person designated by the board of health shall not be recognized as the required
vaccination. Vaccination against rabies shall be given at those intervals as designated
by the board of health by resolution.
(b) Any owner acquiring a dog, cat or other animal by purchase, gift, birth or otherwise
shall have the animal vaccinated against rabies within one month following acquisition
or when the animal reaches the age of six months.
Sec. 14-299. Keeping rabid animals.
No person shall knowingly harbor or keep any animal infected with rabies or any
animal known to have come in contact with an animal known to have been infected with
rabies unless the animal has current rabies shots. In that case the procedure stated in
the current Compendium of Animal Rabies Control shall be followed.
Sec. 14-300. Report of suspected case; generally.
Any person who shall suspect that any animal in the city is infected with rabies
shall report the animal to the community service officer, describing the animal and
giving the name and address of the owner if known.
Sec. 14-301. Report of suspected case; veterinarians.
Veterinarians within the city receiving information or reports of suspected rabies
in wild animals or domestic animals shall report the information to the community
service officer.
Sec. 14-302. Report of suspected case; physicians.
Physicians within the city, immediately upon treatment of any person bitten by an
animal, shall report the information to the community service unit.
Sec. 14-303. Destruction of rabid animals.
Any animal displaying symptoms or characteristics of rabies may be destroyed
by the community service officer or a veterinarian upon authorization of the chief of
police.
Sec. 14-304. Muzzling proclamation.
Whenever the health authority shall have determined that there is danger of the
existence or spread of rabies in the city, he or sh e shall make the facts known to the
mayor in writing. The mayor, upon receipt of the facts, may, by proclamation in the
interest of public safety and general welfare of the citizenry, order all animals muzzled
when off the premises of the owner. Forty-eight hours after the publication of the
proclamation, all animals found off the premises of the owner unmuzzled shall be seized
and impounded or may be immediately destroyed if all reasonable efforts to seize the
animals fail. All animals seized and impounded shall be held for observation for ten
days, and if cleared by a licensed veterinarian, may be claimed by the owner and the
owner must pay the expenses incidental thereto. Any animal not claimed may be
disposed of pursuant to the provisions of this subchap ter.
II.
Any or all Ordinances in conflict herewith are hereby repealed.
FIRST READING: March 24, 2026
SECOND READING: April 14, 2026
PUBLISHED:
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
Chapter 14
ANIMALS
ARTICLE I. IN GENERAL
Sec. 14-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings provided in this section, except where the context clearly indicates a different
meaning:
Animal shelter means any building and facilities therein approved by the chief of
police and the health authority for the impounding of animals.
Apparent attitude of attack means threatening and overtly aggressive actions of an
animal that places a reasonable person in imminent fear of bodily injury, including, but
not limited to, snarling, growling, elevated or exaggerated noise, combined with an
attack-ready body position when the animal is approached.
At large means:
(1) An animal when off or away from the premises and not under the control of the
owner, possessor, keeper, agent, servant, or a member of his or her immediate family
by a leash.
(2) An animal when on the premises of the owner, possessor, keeper, agent, or
servant if not attended by a competent person unless the animal is chained, restrained,
enclosed, or confined in a manner preventing it from leaving the premises.
Community cat means a cat that is feral; to include cats that do not have a specific
owner but have established a community territory and receive limited support from time
to time from various residents.
Animal control department Community service unit means the unit charged with
animal control department of for the City of Brookings.
Animal control officer Community service officer means a person designated by the
city to act as an community service officer of the city.
Domestic animal means any animal that through long association with man has
been bred to a degree that has resulted in genetic changes affecting the temperament,
color, conformation, or other attributes of the species to an extent that makes it unique
and different from wild individuals of its kind. A chicken is not a domestic animal.
Fowl means chickens, ducks, geese, turkeys, pheasants, quail, partridge, guineas,
or other like domestic birds.
Game bird means any bird that is hunted chiefly for sport or taken for food or raised
for profit.
Guard dog means any dog which is utilized to protect property.
Handler means a person who is responsible for and capable of controlling the
operations of a guard dog.
Leash means a cord, thong, or chain by which an animal is controlled by the person
accompanying it.
Owner or caretaker means any person owning, keeping, harboring or having under
their control one or more dog, cat, rabbit or other animal. harboring or keeping an
animal and who is the head of the household of the residence or any adult residing
thereat if any head of household is not present, or the person, owner, or manager in
charge of the establishment or premises at which an animal remains or returns to.
Pet means any domestic animal kept in or near a household for the primary
purpose of companionship for member(s) of the household and/or companionship for
other such animals. This includes dogs, cats, guinea pigs, hamsters, rats, mice, ferrets,
birds other than fowl, rabbits, reptiles (other than those expressly prohibited by this code
in section 14-225), amphibians, invertebrates, and species that a reasonable person
would consider a pet. Fowl and livestock are not pets. The keeping of fowl or livestock
including, but not limited to, swine, cattle, cows, sheep, horses, mules, or goats shall not
be governed by this section of the code but shall be governed by other applicable
sections of this code.
Serious injury means physical injury, which creates a substantial risk of death,
causes serious and prolonged disfigurement, prolonged impairment of health, or
prolonged loss or impairment of the function of any bodily organ.
Slaughter means the act of killing fowl, rabbits, livestock, or any other animal for the
purpose of food.
Stray animal means a domestic animal which, for the time being, has no identified
owner.
Surrendered animal means an animal voluntarily given up by its owner for
placement with a shelter or rescue organization, resulting in the transfer of ownership
and legal rights over the animal to the receiving agency.
Sec. 14-2. Unwanted Stray or surrendered animals.
(a) Acceptance; conditions. The city animal shelter will accept unwanted stray or
surrendered animals from residents of the County of Brookings for adoption or
humane disposition provided that the appropriate fees are paid and authorization is
given by the owner or caretaker of the animal.
(b) Fees. The fee for acceptance of animals at the city animal shelter will be
determined from time to time by resolution of the city council.
Sec. 14-3. Disturbance of peace.
The owner or caretaker of an animal shall not allow the animal to disturb the peace
and quiet of the city or of any person.
Sec. 14-4. Animals on school grounds, property, or recreation areas.
No owner or caretaker shall permit their animal to be either upon any school
property except upon the express permission of the school principal or their designee,
or upon any public park unless the animal is in the control of the owner or caretaker by
a leash. If a dog is participating in an organized event or activity in a public park under
the supervision of its owner or caretaker it may be off its leash during the event or
activity.
Sec. 14-5. Confinement of animals which cause injury to persons; immunization
against rabies required before release.
(a) An animal control officer A community service officer, police officer or other person
of proper authority is authorized and empowered to impound and confine any
animal which they have reason to believe has bitten, scratched or otherwise injured
any person.
(b) Any animal that has the potential to carry rabies and that has injured any person
shall be confined at the expense of the owner or caretaker of the animal for a
period of 14 days in the manner directed by the animal control officer community
service unit or police department; however, if there is reason to believe that the
animal is rabid, an additional confinement period may be ordered to determine
whether the animal is rabid.
(c) Any animal that has bitten or attacked that cannot be captured may be destroyed in
a manner that the head is not damaged and can be submitted for a rabies
examination to a laboratory.
(d) If it is determined during the confinement period that the animal may have rabies
and a tentative diagnosis is given by a licensed veterinarian, the animal control
officer community service officer shall euthanize the animal by humane means and
obtain laboratory confirmation of rabies.
(de) Every owner or caretaker having knowledge that their animal has bitten or is
suspected of biting a human shall immediately report the incid ent to the city's
animal control officer community service officer for confinement and testing of the
animal in accordance with the provisions of this chapter.
(ef) The owner or caretaker of any dog or cat confined under the provisions of this
section may obtain release of their dog or cat from confinement upon
demonstrating proof of a current rabies vaccination and proof of a current dog or
cat license, and upon approval of the animal control officer community service
officer.
(gf) The animal control officer community service unit or any designated city employee
is authorized to enter upon private property for the purpose of enforcing this
section. No person may conceal any animal or otherwise interfere with the proper
enforcement of this section. An animal control officer A community service officer or
any designated city employee may impound an animal for the purposes of rabies
testing or when the owner or caretaker fails to comply with this section.
Sec. 14-6. Number of pets limited.
It is unlawful for any person or caretaker to have or keep more than six domestic
pets, including, but not limited to, dogs, cats and rabbits over the age of four months,
except birds and fish, upon any lot or premises in the city, unless such person or
caretaker resides within the lot or premises and has a valid pet shelter or kennel license
issued by the city. The city animal shelter and veterinarian offices are exempt from the
provisions of this section.
Sec. 14-7. Unattended animals in standing or parked vehicles;—Aauthority to
remove—and Lliability for removal.
No owner or caretaker shall leave a dog, cat or other small animal unattended in a
standing or parked vehicle in a manner that endangers the health or safety of such
animal. The owner or operator of a vehicle containing an unattended animal will be
contacted if possible before reasonable force is used to remove such animal by an
animal control officer a community service officer or police officer. Removal of an
unattended animal by an animal control officer a community service officer or police
officer shall not constitute a violation of city ordinance.
Sec. 14-8. Stray, abandoned or unkept animals.
(a) No person or caretaker shall harbor or keep stray animals. Animals known to be
strays shall be immediately reported to the city animal control department community
service unit by the person who observes the stray animal.
(b) No person shall put out any food for the purpose of feeding or attracting any stray
or abandoned animal. The placing of food to capture stray or abandoned animals by
community service officers is not prohibited.
Sec. 14-9. Public nuisance.
Any animal will be considered a public nuisance if such animal is destroying or
defacing property or is disturbing any person. Any owner or caretaker of such animal
will be held responsible for allowing such public nuisance to occur.
Secs. 14-10—14-40. Reserved.
Sec. 14-10. Abandoned animals.
No person shall abandon an animal in the city. Authorized trap-neuter-return in
accordance with this chapter is not abandoning an animal.
Sec. 14-11. Hunting prohibited.
No person shall hunt game in the city. GAME means any wild bird or animal hunted
for sport or for use as food. HUNT means to pursue game while in possession of a
firearm or weapon for sport, food or to kill. This section does not apply to police officers
or community service officers in the discharge of their official duties, or to persons who
are authorized by the chief of police and have been issued a special access permit by
the state department of game, fish and parks for a specific area being hunted.
Sec. 14-12. Trapping of animals.
Without permission of the chief of police, no person shall set, allow to be set, or use
any trap for the purpose of catching any animal, which trap could injure or kill any
animal, except rodent traps in the interior of a building, and except by persons
employed by or agents of the chief of police or city parks department for purposes of the
city’s health and welfare.
Sec. 14-13. Deer feeding prohibited.
(a) No person being the owner or occupant of any parcel of real property within the
corporate limits of the city shall place thereon, or allow to remain thereon, any unnatural
food source, nor shall any person place such unnatural food source upon the real
property of another or upon any public property. It shall be an affirmative defense to any
prosecution hereunder that the unnatural food source was placed not less than five feet
above the ground and was not accessible to deer, or that the unnatural food source was
placed in good faith for the purpose of feeding domestic livestock or pets by or at the
request of a person owning or having responsibility for the domestic livestock or pets, or
that the unnatural food source was placed in good faith for a purpose other than
attracting deer and that the attraction of deer is only an incidental result.
(b) Nothing in this section shall be construed to apply to any act by a governmental
agency or to any employee or authorized agent thereof in the course of his or her
employment or agency. Specifically, nothing in this section shall be construed to prohibit
the baiting of deer by authorized government agents in furtherance of an approved plan
to reduce deer population or in furtherance of an approved plan to entice deer out of the
urban environment into a less urban and more natural environment.
Sec. 14-14. Exemption for police dogs.
The provisions of this chapter shall not apply to any federal, state, or local law
enforcement agency or dog used by or belonging to such agency, provided that such
dog shall be vaccinated for rabies as required by this chapter, and a dog's handler shall
have proof of such vaccination for display as may be required. Also, at any time such
dog is off leash or otherwise at large, it shall be under the control of or in the
performance of functions or duties for a law enforcement officer or handler acting on
behalf of a law enforcement agency.
Sec. 14-15. Enforcement.
All provisions of this chapter related to animals may be enforced by a community
service officer or police officer employed by the city of Brookings. A violation of any
section may result in issuance of a citation or warning requiring corrections.
Secs. 14-16—14-40. Reserved.
ARTICLE II. CRUELTY TO ANIMALS AND RELATED OFFENSES
Sec. 14-41. Cruelty to animals generally.
No person may cruelly beat, torture or injure any animal, nor overload any working
animal, nor shall any person willfully or negligently abuse, mistreat or neglect any
animal.
Sec. 14-42. Teasing, baiting or harassing.
It is unlawful for any person to tease, bait or harass any animal.
Sec. 14-43. Humane care of animals.
An owner or caretaker shall provide their animal with sufficient food and water,
proper shelter, humane care, treatment and veterinary care when needed to prevent
suffering. No person may mistreat any animal nor shall any animal be abandoned. An
owner or caretaker may take an animal they no longer desire to care for to the city
animal shelter.
Sec. 14-44. Poisoning of animals.
Unless recommended by the chief of police iIt is unlawful for any person to willfully
or maliciously administer or cause to be administered poison of any sort whatsoever to
any animal on the property of another with the intent to injure or destroy such animal, or
to willfully or maliciously place any poison or poisoned food where the same is
accessible to any animal. Rodenticides must be administered by a licensed
exterminator, with the exception that anyone may administer a warfin warfarin
rodenticide.
Sec. 14-45. Instigating or allowing fights between animals.
No person may allow any fighting between animals, birds or fowl of any kind. No
person may keep any house, pit, or other place for the purpose of allowing or holding
fights between animals, birds or fowl. No person may instigate or encourage any
animal, bird or fowl to attack, bite, wound or worry another animal, bird or fowl for any
bet, stake, reward or entertainment.
Sec. 14-46. Injured or ill animals.
Whenever an animal control officer a community service officer encounters a stray
animal suffering pain, the animal control officer community service officer shall take the
animal to a veterinarian where the cost of any care or treatment shall be borne by the
owner or caretaker. If ownership of the animal cannot be determined, the animal control
officer shall impound the animal for five days unless it appears that a longer
impoundment will lead to identification of the owner or caretaker. If the owner or
caretaker cannot be located, the animal may be euthanized by huma ne means without
notice.
(a) If an animal without identification is suffering, injured or otherwise diseased and
the owner cannot be found, it will be the duty of the community service officer to
determine if that animal, for humane reasons and due to the extent of the injury and/or
the suffering, shall be destroyed. The city and community service officer shall not be
held liable in any way for this humane act.
(b) If an injured animal with a license tag issued by the city is picked up, it shall, if
possible, be delivered to a licensed veterinarian. All expenses of the city and the
veterinarian charges and fees must be paid by the animal owner.
Sec. 14-47. Restraint of animal in a vehicle.
An animal within a vehicle upon a public street or confined in a parked vehicle in a
public parking lot shall be restrained as necessary so the animal cannot reach outside
the confines of that vehicle.
Secs. 14-48—14-80. Reserved.
Sec. 14-48. Removal of animal; exigent circumstances.
Any community service officer finding an animal or fowl mistreated as described in this
section shall have the power to lawfully enter the premises where the animal is kept and
demand to examine the animal and to take possession of the animal, when in his or her
opinion, the animal requires humane treatment.
Secs. 14-49—14-80. Reserved.
ARTICLE III. DOMESTIC ANIMALS (DOGS AND CATS EXCEPTED)
Sec. 14-81. Proximity of livestock to dwellings.
No person may keep any horse, cow, goat, sheep or other livestock, or erect or
maintain any building or enclosure for use in keeping any such animals within 125 feet
of any church, school or other public building or within 125 feet of any dwelling, store o r
building used or occupied as a residence of any person other than that of the owner or
caretaker of such animals.
Sec. 14-82. Proximity of fowl to dwellings.
It is unlawful for any person to No person may keep, enclose, or house any guinea
fowl, ducks, geese, turkeys or other domestic fowl fowl, except pigeons, and except
falcons and hawks in the possession of a state and federally licensed handler in any
house, pen, coop or enclosure or other building situated within a distance of 125 feet of
any church, school or other public building, or within 125 feet of any dwelling, store or
other building used or occupied as a residence of any person other than that of the
owner or caretaker of such fowl. unless otherwise authorized under applicable zoning
regulations.
Sec. 14-83. Swine.
No person may place, keep or maintain live hogs or other swine within the city,
except such hogs as are kept in railroad cars for shipping purposes, or in pens within
butcher shops and kept for the purpose of immediate shipment or slaughter, or at South
Dakota State University for purposes of breeding or experimentation, or at commercial
research and development facilities, or at animal health clinics, or temporarily exhibited
for educational events.
Sec. 14-84. Sanitary condition required.
No person may keep or maintain any building or enclosure where livestock or
domestic fowl are kept unless the building or enclosure is kept at all times in a clean
and sanitary condition and in accordance with the rules and regulations of the city.
Sec. 14-85. Keeping of bees.
a. Definitions. The following words, terms and phrases are defined and shall be
interpreted as such throughout this chapter.
1. Apiary. Any place where one or more colonies of bees are kept.
2. Bees. Any insect stage of the common honeybee, Apis mellifera L, or any
species of bees which is allowed in SDCL Chapter 38-18.
3. Colony. The bees in any hive, including queens, workers, and drones.
4. Hive. Any frame hive, box hive, box, barrel, log gum, skep, or any other
container which may be used as a domicile for bees.
5. Hobby beekeeper. A person who engages in hobby beekeeping.
6. Hobby beekeeping. The activities associated with keeping, controlling,
harboring, and/or maintaining one or more colonies of bees.
b. Location of hives.
1. Proximity to residences. No person shall establish or maintain any hive or keep
any bees on the premises within 15 feet of any dwelling. This restriction does
not apply to residences located on the same lot as the hive.
2. Hive placement. All hives shall be placed appropriately on the lot so as to
inhibit access to the hive from adjacent properties and to prevent interference
with the movements of persons on adjacent properties or in the public right-of-
way. Hives shall not be located within ten feet of any side or rear lot line. Hives
shall not be placed within any drainage easement on the property. Hives shall
not be located within a front yard. The entrance of the hives shall face the
primary residence of the Hobby Beekeeper.
c. Number of hives.
1. It shall be unlawful to keep more than four hives on an y tract, lot, or parcel
within the city.
d. Nuisance prohibited. Notwithstanding compliance with the requirements of this
article, it shall be unlawful for any person to keep any colony or colonies in such a
manner as to cause any unhealthy condition, interfere with the normal use and
enjoyment of human or animal life of others, interfere with the normal use and
enjoyment of any public property or property of others, or so as to create a
nuisance to others. Public nuisances under this section may be abated in
accordance with the provisions in Brookings Ordinance Chapter 22 and State law.
If a colony is found to be a nuisance, the hobby beekeeper must relocate or destroy
all hives within 30 days of the final nuisance determination.
e. Compliance with all applicable laws. Beekeepers shall register all apiaries with the
state as required by SDCL Chapter 38-18. Beekeepers shall comply with all
applicable Federal and state laws, including but not limited to those provisions
found within SDCL Chapter 38-18.
f. Spraying. The city is not liable for any damage to bees, hives, colonies, or hobby
beekeeping operations resulting from the city's use of spray to manage mosquitos
or noxious weeds on public rights-of-way or other public property.
g. Remedies for nuisance. In the case of a violation of this chapter, the city may elect
to destroy a hive and/or relocate a colony, if there is an immediate need to protect
public safety, or may require the hobby beekeeper to destroy or relocate a colony.
Such circumstances shall be present when there is (1) a colony not residing in a
hive structure intended for beekeeping; (2) a dangerous swarm of bees that poses
an immediate risk to the safety of humans; or (3) a colony residing in a standard or
man-made hive which, by virtue of its condition, has obviously been abandoned by
the beekeeper.
Sec. 14-86. Pigeons.
(a) Definitions. The following words, terms and phrases, when used in this section,
shall have the meanings provided in this section, except where the context clearly
indicates a different meaning:
Dwelling means a building or portion thereof, designed or used exclusivel y for
occupancy of at least one person.
Garage means an enclosed building or space designed or used for the storage of
personal motor vehicles and other customary household articles which are owned and
used by the occupants of the building to which it is accessory.
Lot means a plot or parcel of land, or group of abutting and contiguous parcels of
land, established by survey, plat or deed, occupied or to be occupied by a dwelling.
Pigeon means any kind of pigeon, whether wild or kept as a pet, or for hobby
purposes such as breeding, showing or sporting.
(b) Limit in dwellings or garages. No person may keep or cause to be kept more than
five pigeons within any dwelling or garage in the city.
(c) Limit upon lots. No person may keep or cause to be kept upon any lot within the city
more than a total of 25 pigeons.
Sec. 14-87. Livestock running at large.
No person may allow any horses, cattle, swine, sheep, goats or other domestic
animals to run or be at large within the city.
Sec. 14-88. Fowl at large.
It is unlawful for any person to permit or allow any guinea fowl, ducks, geese,
turkeys or other domestic fowl, except pigeons and except falcons and hawks in the
possession of a state and federally licensed handler, except pigeons and except falcons
and hawks in the possession of a state and federally licensed tohandler, to run or be at
large within the city.
Sec. 14-89. Picketing.
No person may stake out any domestic animal in such manner as to permit such
animal to go upon any street, alley or sidewalk within the city or to approach within 125
feet of any dwelling or building within the city which is used or occupied as a residence
of any person other than that of the owner or caretaker of such animal.
Sec. 14-90. Keeping of game birds prohibited.
No person may keep or have any game birds, including but not limited to,
pheasants, geese, ducks, quail and partridge in any house, pen, coop or enclosure or
other building situated within a distance of 125 feet of any chu rch, school or other public
building or within 125 feet of any dwelling, store or other building used or occupied as a
residence of any person other than that of the owner or caretaker of such fowl.
Secs. 14-91—14-120. Reserved.
ARTICLE IV. DOGS AND CATS
DIVISION 1. GENERALLY
Sec. 14-121. Dogs running at large.
It is unlawful for any person to permit or allow a dog to run at large within the city.
All dogs must be restrained in such a manner so they cannot run at large within the city.
(a) Except on property designated by the city as an animal off-leash area, it shall
be unlawful for any person to have any animal which is owned, kept, harbored, or
allowed to be habitually in or upon the premises occupied by him or her or under his or
her control to be at large and to go in or upon the private premises of others or upon
any public property.
(b) Each violation of this section committed by an owner or caretaker on a separate
and subsequent date shall be subject to enhancing penalty amounts as set forth by the
city in the fine and fee schedule.
(c) Community cats shall not be impounded for solely being at large.
Sec. 14-122. Impoundment of dogs.
The animal control officer A community service officer may impound any dog which
is at large if the owner or caretaker of the dog cannot be located or is not available to
take immediate possession of the dog. For purposes of this chapter, a dog is
considered at large if it is not on a leash and is either off its owner's or caretaker's
premises or is upon or returns to its owner's or caretaker's premises and its owner or
caretaker is not present at such premises at such time.
Sec. 14-123. Disturbance of the peace.
(a) The owner or caretaker of an animal may not allow the animal to create a
disturbance by making loud continuous noises at any time of the day or night.
(b) Any animal control A community service officer or police officer may remove and
impound anythe animal which is disturbing the peace when the owner or caretaker
of the animal cannot be located. If an animal control community service officer or
police officer removes an animal because of a disturbance and the owner or
caretaker cannot be located, a notice advising the owner or caretaker of the
impoundment and complaint shall be left at the premises of the owner or caretaker.
Sec. 14-124. Emergency confinement.
An animal control officer A community service officer or the police chief, in an
emergency, may order that all dogs and cats in the city be confined in such a manner as
to make it impossible for such dogs and cats to bite any person, dog, cat or other
animal. A statement declaring the confinement order shall be issued to all local news
media and shall require confinement of all dogs and cats upon 24 hours' notice.
Sec. 14-125. Defecation disposal.
(a) The owner, keeper, caretaker or attendant of a dog or cat which defecates upon
public or private property other than their own shall immediately clean and remove the
fecal material from such public or private property. Public property includes any
boulevard, park or playground in the city.
(b) Anyone walking an animal on public or private property other than his or her own
must carry with him or her visible means of cleaning up any fecal matter left by the
animal. Animals used in parades or involved in law enforcement are exempt from this
section.
Sec. 14-126. Vicious or biting dogs. Restricted animals.
(a) An animal may be declared to be a biting, dangerous or vicious animal by at least
two persons which may include law enforcement and animal control officers, utility
personnel or veterinarians or, alternatively, the attending physician of a victim of an
animal bite or scratch may request such declaration pursuant to the following
guidelines:
(1) An animal which, in a vicious or aggressive manner, approaches a person or
animal in an apparent attitude of attack, or bites, inflicts injury, assaults or otherwise
attacks a person or animal upon the streets, sidewalks or any public grounds, parks
or other public places in the city; or
(2) An animal, while on private property, approaches a person or animal in a vicious or
aggressive manner, in an apparent attitude of attack, or bites, inflicts injury, or
otherwise attacks a postal worker, meter reader, service person, journeyman,
delivery person, or other such person, or another animal, provided such person or
animal is on private property by reason of permission of the owner or occupant of
such property or who is on private property by reason of a course of dealing with
the owner or occupant of such private property.
(3) No animal may be declared biting, dangerous or vicious if the injury or damage is
sustained by any person or animal who is committing a willful trespass or is not
authorized to be upon the premises occupied by the owner or caretaker of the
animal, or who is teasing, tormenting, abusing or assaulting the animal or was
committing or attempting to commit a crime.
(4) The following conditions shall also be considered:
a. The nature or severity of the attack or bite.
b. Whether the dog has shown a propensity to display dangerously aggressive
behavior and is able or likely to inflict injury to a person or another animal.
c. Previous incidents of a similar nature.
(b) When the animal in question is declared to be biting, dangerous or vicious, an
animal control officer shall notify the owner of such declaration in writing that such
animal must be registered as a biting, dangerous or vicious animal. The notice shall
be served upon the animal's owner or caretaker either in person or by mail.
(c) The owner or caretaker of an animal that has been declared to be biting, dangerous
or vicious shall register the dog as a biting, dangerous or vicious animal and shall
comply with the following:
(1) The owner or caretaker of the animal shall notify the city animal control department
of any changes in the following:
a. Ownership of the dog;
b. Name, address and telephone number of the new owner;
c. Address change of the owner or any change concerning where the dog is kept;
d. Any changes in the health status of the animal; and
e. The death of the animal.
(2) If the dog is indoors, the dog shall be in the control of a person who is over 18
years old.
(3) If the dog is outdoors and attended, the dog shall be muzzled, on a leash no longer
than six feet and under the control of a person who is over 18 years of age.
(4) If the dog is outdoors and unattended, the dog must be locked in an escape proof
kennel approved by the city animal control department.
(5) The owner shall present proof of current rabies vaccination and current city license
of the dog to the animal control department and shall be required in the future to
maintain current and up-to-date rabies vaccination and license.
(6) The owner shall present proof to the animal control department that the dog has
been altered to prevent reproduction.
(d) The biting, dangerous or vicious dog shall be impounded by the city animal control
department for a period of not longer than 30 days at the owner's expense until
such time as all provisions of subsection (c) of this section are fully performed.
(e) If the conditions of subsection (c) of this section are not fully performed within the
30 days allowed, the dog shall be euthanized in a humane manner and proof of
euthanasia shall be filed with the city animal control department.
(f) Any biting, dangerous or vicious dog found off the premises of its owner, other than
as provided for in this article, may be seized by an animal control officer, or any
police officer or sheriff's deputy and impounded. If the dog cannot be captured it
may be destroyed. If the dog has been running at large, or bites a person or
another animal, the animal control officer, any police officer or sheriff's deputy may
order the owner to deliver the dog to the city animal shelter within 24 hours and the
owner [shall be] required to appear in court to show cause why the dog shall not be
destroyed. If the owner of the dog fails to deliver the dog as ordered, an animal
control officer, any police officer or sheriff's deputy may use such means necessary
to impound the dog.
(a) An animal may be declared restricted by the chief of police or the attending
physician of the victim of an animal bite or scratch may request the declaration,
under the following guidelines:
(1) An animal which in a vicious or terrorizing manner approaches in an apparent
attitude of attack, or bites, inflicts injury, assaults, or otherwise attacks a person or
other animal, upon the streets, sidewalks, or any public or private grounds or
places.
(2) No animal may be declared restricted if the injury or damage is sustained to any
person or animal who is committing a willful trespass or other tort upon premises
occupied by the owner or keeper of the animal, or who was teasing, tormenting,
abusing, or assaulting the animal, or was committing or attempting to commit a
crime.
(3) An animal that has been previously declared by another jurisdiction if the
circumstances leading to the declaration in the other jurisdiction would have been
sufficient for a restricted declaration had the events occurred within the city of
Brookings.
(b) When the chief of police declares an animal restricted, the chief of police shall
notify the owner of the declaration in writing that the animal must be registered as a
restricted animal within 15 days after the receipt of the written notice. The notice
shall be served either in person or by mailing the notice by certified mail.
(c) The owner of an animal that has been declared restricted shall make application to
the community service office unit to register the restricted animal and shall comply
with the following:
(1) The owner of the animal shall notify the community service unit of any changes
in the following:
A. Ownership of the animal;
B. Name, address, and telephone number of a new owner;
C. Address change of the owner or any change in where the animal is housed;
D. Any change in the health status of the animal; and
E. Death of the animal.
(2) If the animal is indoors, the animal shall be under the control of a person over
18 years old;
(3) If the animal is outdoors and attended, the animal shall be muzzled on a leash
no longer than 6' and under the control of a person over 18 years of age;
(4) If the animal is outdoors and unattended, the animal must be locked in an
escape- proof kennel approved by the community service officer. Minimum
standards shall include the following:
A. Fencing materials shall not have openings with a diameter of more than 2". In
the case of a wooden fence, the gaps shall not be more than 2".
B. Any gates within the pen or structure shall be lockable and of a design to
prevent the entry of children or the escape of the animal;
C. The required pen or structure shall have secure sides and a secure top. If the
pen or structure has no bottom secured to the sides, the sides shall be imbedded
into the ground or concrete;
D. The pen or structure shall protect the animal from the elements; and
E. The pen or structure may be required to have double exterior walls to prevent
the insertion of fingers, hands, or other objects.
(5) The animal shall be permanently identified by injecting an identification
microchip into the animal using standard veterinarian procedures and practices.
The number and the veterinarian who injected the microchip are to be reported to
the community service unit;
(6) A sign provided by or approved by the community service unit denoting a
restricted animal shall be displayed on the kennel or enclosure and on a place
visible from the sidewalk or road adjacent to the property where the animal is kept.
Said sign must warn the public as follows:
WARNING. RESTRICTED DOG ON THIS PROPERTY. DOG IS ONLY ALLOWED
OUT OF HOUSE OR PEN WITH LEASH AND MUZZLE. THIS DOG HAS BEEN
DECLARED RESTRICTED UNDER CITY OF BROOKINGS ORDINANCE.14-126.
REPORT VIOLATIONS TO THE BROOKINGS POLICE DEPARTMENT
COMMUNITY SERVICE UNIT (605-692-2113).
The sign must also include a picture or symbol that conveys the idea of a vicious dog to
small children who cannot read;
(7) The owner shall carry $100,000 animal liability insurance covering the medical
and/or veterinary costs resulting from the vicious actions or any other damage the
animal may do or cause to be done. Proof of insurance shall be filed with the
community service unit;
(8) The owner shall present proof of current rabies vaccination and current city
license of the animal to the community service unit; and
(9) The owner shall present proof the animal has been altered to prevent
reproduction to the community service unit.
(d) The restricted animal shall be impounded by the community service unit at the
owner's expense until a time as all provisions of division (c) above are complied
with.
(e) If the conditions in division (c) above are not complied with, the animal shall be
euthanized in a humane manner and proof of euthanasia filed with the community
service unit.
(f) Any restricted animal not in compliance with this article shall be seized by a
community service officer or police officer and impounded. If the animal cannot be
captured, it may be destroyed. A community service officer or police officer may
order the owner to deliver the animal to the animal shelter within 24 hours and the
owner ordered to appear in court to show cause why this animal shall not be
destroyed. If the owner of the animal fails to deliver the animal as ordered, a
community service officer or police officer shall use those means as are necessary
to impound the animal.
Sec. 14-127. Guard dogs.
(a) Designation. The owner or caretaker of a dog whose purpose is to guard and
protect property must designate that their dog is a guard dog at the time of
obtaining a city dog license.
(b) Signs. It shall be the responsibility of the owner or caretaker of a guard dog to post
appropriate warning signs indicating that there is a guard dog upon the premises.
(c) Confinement. The guard dog shall be confined to the premises protected by such
dog.
Sec. 14-128. Sanitary conditions required.
No person may keep or maintain any building, enclosure, yard or kennel area
where animals are kept unless it is kept at all times in a clean and sanitary condition
and is not permitted to become stagnant, noxious or a nuisance. Failure to clean up
unsanitary conditions after inspection and verbal or written notice by an animal control
officer a community service officer constitutes a violation of this section.
Sec. 14-129. Appeal permitted.
(a) Any party who is aggrieved by any action or decision of an animal control officer a
community service officer to declare a dog an animal as biting, dangerous or
vicious may appeal the decision. The party who wishes to appeal is referred to as
the "appellant." An independent hearing examiner, who must be a member in good
standing of the state bar of South Dakota, shall be assigned to hear the appeal.
(b) Appeals shall be commenced by filing a written notice of appeal either in person or
postmarked within 15 days of the decision. The written notice of appeal shall be
printed legibly or typed and contain the following information:
1. The reasons the appellant believes the decision is objectionable, incorrect or
illegal;
2. The type of claim or dispute involved and the time during which it accrued or
occurred;
3. The name, address and telephone number of the appellant;
4. The number of the citation being appealed, if applicable;
5. A statement indicating whether the appellant desires the administrative appeal
hearing to be open or closed to the public. All administrative appeal hearings
are presumed to be open to the public. If either party requests a hearing that is
closed to the public, the party requesting the closed hearing must present good
cause to the hearing examiner that the public interest in having an open
hearing is outweighed by the privacy interest involved in a particular case or
that a closed hearing is legally required based upon the nature of the evidence
to be presented at the administrative appeal hearing;
6. If the appellant is to be represented by a legal representative, the name,
address and telephone number of the representative; and
7. The signature of the appellant, legal representative and/or corporate agent.
(c) There shall be no fee to file an appeal. Compliance with the above time limit and
notice of appeal information requirements shall be jurisdictional prerequisites to any
appeal. Failure to comply with any of these requirements shall be deemed to waive
the right to a hearing.
(d) If the appellant complies with the jurisdictional requirements for an appeal, then the
city will take no further action to enforce the decision until the hearing examiner
renders a final decision. However, the provisions for prior notice and hearing may
be dispensed with when, in the opinion of the animal control officer a community
service officer, immediate action is necessary to summarily abate a dangerous
condition on public or private property or there is an imminent threat to life or safety
on public or private property. The animal control officer A community service officer
shall take only such action as is reasonably necessary to summarily abate the
danger, and then the city will take no further action to enforce the decision until the
hearing examiner renders a final decision.
(e) The animal control officer A community service officer, or his or her designee, shall
immediately deliver a copy of the appeal to the city attorney who will act as the
city's legal counsel.
Sec. 14-130. Vicious animals.
(a) An animal may be declared vicious by the chief of police under the following
minimum guidelines:
(1) An animal that in a vicious or terrorizing manner, engages in contributing pack
behavior or bites, inflicts injury to, assaults, or otherwise attacks a person or other
animal upon the streets, sidewalks, or any public or private grounds or places, resulting
in the death of the person or other animal.
(2) An animal that, in a vicious or terrorizing manner, engages in contributing pa ck
behavior or bites, inflicts injury to, assaults, or otherwise attacks a person or other
animal resulting in:
A. A bite wound with one to four punctures from a single bite with at least
puncture of which estimates indicate that more than 50% of the length of the canine
teeth entered the victim’s body;
B. Serious injury to the person or animal; or
C. A Level 4 or higher aggression incident on the Dunbar Aggression
Assessment Scale.
(3) An animal that has been previously declared in another jurisdiction if the
circumstances leading to the declaration in the other jurisdiction would have been
sufficient for a vicious declaration had the events occurred within the city of Brookings.
(4) No animal may be declared vicious if the injury or damage is sustained to any
person or animal who is committing a willful trespass or other tort upon premises
occupied by the owner or keeper of the animal, or who was teasing, tormenting,
abusing, or assaulting the animal, or was committing or attempting to commit a crime.
(b) When the chief of police declares an animal vicious, the chief of police shall notify
the owner of the declaration in writing. The notice shall be served either in p erson or by
mailing the notice by certified mail.
(c) It is unlawful for any person to own, harbor, or possess a vicious animal.
(d) Any animal declared vicious shall be euthanized in a humane manner and proof
of euthanasia filed with the community service unit.
(e) Any animal declared vicious shall also have been deemed declared restricted for
purposes of any administrative appeal.
Sec, 14-131. Dunbar aggression assessment scale.
(a) Level 1. Animal growls, lunges, or snarls, but no teeth touch skin. Mostly
intimidation or threatening behavior.
(b) Level 2. Teeth touch skin but no puncture. May have red mark or minor bruise from
the dog’s head or snout, may have minor scratches from paws/nails. Minor surface
abrasions or lacerations.
(c) Level 3. Punctures one to three holes, single bite. No tearing or slashes. Victim
not shaken side to side, bruising.
(d) Level 3.5. Multiple Level 3 bites.
(e) Level 4. Two to four holes from a single bite, typically contact/puncture from more
than canines, which may have considerable bruising, black bruising, tears or slashing
wounds indicating animal clamped down and held or shook head from side to side.
(f) Level 5. Multiple bites at Level 4 or above. A concerted, repeated attack causing
severe injury.
(g) Level 6. Victim dead.
Sec. 14-132. Immediate notice of bite.
The owner, keeper, possessor, caretaker, or attendant of an animal that bites, inflicts
injury to, assaults, or otherwise attacks a person or other animal shall immediately by
the quickest means of communication give notice of such incident to the community
service office unit or the police department and remain on the scene until the
responding community service officer or police officer has indicated the person may
leave.
Sec. 14-133. Duty to give information, render aid.
The owner, keeper, possessor, caretaker, or attendant of an animal that bites, inflicts
injury to, assaults, or otherwise attacks a person or other animal shall immediately stop
and give his or her name and address and shall render to any person injured
reasonable assistance.
Secs. 14-1340—14-150. Reserved.
DIVISION 2. LICENSING REQUIREMENTS
Sec. 14-151. Required.
It is unlawful for any person within the city to keep, maintain or have in their custody
or under their control any dog or cat which is over the age of three months without first
having obtained a license for the dog or cat from an authorized agent of the city.
Sec. 14-152. Application.
Any person desiring to keep, maintain or have in their custody or control within the
city, any dog or cat, shall, on or before December 31 of each year, make an application
to an authorized agent of the city for a license to keep such dog or cat. Such application
shall be in writing, stating the name, sex, color and other distinguishing characteristics
(e.g., such as guard dog) of such dog or cat and the name of the owner or caretaker
thereof. The license application shall be made on a printed form furnished by an
authorized agent and shall be filed with an authorized agent of the city.
Sec. 14-153. Rabies vaccination required.
No dog or cat license tag may be issued to any owner or caretaker of any dog or
cat who does not present to an authorized agent at the time of making application for
such license, a certificate of vaccination against rabies by a veterinarian duly licensed to
practice veterinary medicine within any state. The certificate must show the date of such
vaccination and must state the period of time for which the dog or cat is effectively
immunized, which period of immunization shall be for at least one year from the date of
issuance of the license tag.
Sec. 14-154. Fee.
Before any license may be issued under the provisions of this article, the applicant
shall pay to an authorized agent a fee for each dog or cat to be licensed.
(a) The annual fee for such license shall be determined from time to time by
resolution of the city council. All applications for license certificates must be
accompanied by a rabies immunization certificate and the appropriate fee. The
term of the license is as follows:
Cats 1 year or 3 years from date of issue depending on the rabies vaccination
given
Dogs 1 year or 3 years from date of issue depending on the rabies vaccination
given
(b) The license shall take effect when issued. Each owner or keeper of a dog or
cat must make application to renew the license prior to the expiration of the license,
accompanied by a fee as set forth in the city fee schedule.
Sec. 14-155. Authorized agent's fee.
If the license fee is collected by a veterinarian authorized by the city, the
veterinarian may charge an additional fee in the amount established by resolution of the
city for their services in issuing such license.
Sec. 14-156. Issuance of tag.
It is the duty of an authorized agent of the city, at the time of issuance of the license
provided in this article, to provide to the applicant a tag for each dog or cat for which a
license is issued. The license tag shall be stamped or engraved with the registered
number of the dog or cat and the year for which the license is issued.
Sec. 14-157. Dog or cat to wear tag.
It is the duty of the owner or caretaker of any dog or cat to place a collar around the
neck of each dog or cat, on which collar shall be securely fastened a current license of
the city.
Sec. 14-158. Duplicate tag.
In the event the license tag is lost, an authorized agent of the city is authorized to
issue a duplicate tag upon application for the replacement tag. The actual cost of the
duplicate tag shall be paid at the time a replacement license tag is issued.
Secs. 14-159—14-180. Reserved.
DIVISION 3. IMPOUNDMENT AND REDEMPTION
Sec. 14-181. Notice to owner or caretaker.
The owner or caretaker of any dog or cat which is impounded under the provisions
of this article shall be notified that their dog or cat has been impounded within 24 hours
if the owner's or caretaker's identity and location can be obtained by reasonable means.
Sec. 14-182. Impoundment fees.
Fees for the impoundment of any dog or cat shall be determined from time to time
by resolution of the city council, which shall be on file in the city clerk's office.
Sec. 14-183. Redemption of a dog or cat by owner or caretaker.
(a) The owner or caretaker of any impounded dog or cat, upon satisfactory proof of
ownership, may redeem their dog or cat upon payment of the impoundment fees
and charges and upon proof of a current rabies vaccination and city license.
(b) The owner or caretaker of any impounded dog or cat which has not been
vaccinated or licensed under this article may redeem their dog or cat by providing
satisfactory proof of ownership and by making a deposit with the animal control
officer community service unit in the amount established by resolution of the city
council. The owner or caretaker will be allowed five days to vaccinate and license
such dog or cat. Upon presentation within five days of a license issued under this
article, the deposit will be refunded.
(c) If such owner or caretaker fails to procure a certificate of vaccination and city
license within five days, the deposit will be forfeited to the city and delivered to the
city clerk's office, and the dog or cat shall be re-impounded.
Sec. 14-184. Redemption by person other than owner or caretaker.
If the owner or caretaker of any dog or cat impounded under the provisions of this
article fails to redeem their dog or cat within five days after such impoundment, any
other person may, upon complying with the provisions of this article, redeem such dog
or cat from the animal shelter and become the lawful owner or caretaker of such dog or
cat thereafter.
Sec. 14-185. Disposition.
All dogs and cats impounded under the provisions of this article and remaining
unclaimed after five days of impoundment, unless impounded for a longer specified time
by order of an animal control officer, may be placed for adoption or, without notice,
euthanized by humane means.
(a) If an impounded animal is wearing a license or other means of identification,
the animal shall be confined at the shelter for a period of five days, excluding Sundays
and holidays.
(b) If an impounded animal is not wearing a license or other means of
identification, the animal will be impounded for no more than three days, excluding
Sundays and holidays. The chief of police may authorize a community service unit or a
designee to dispose of animals impounded under this subchapter after the
impoundment period by any humane means.
Sec. 14-186. Alternate procedure.
If a dog or cat cannot be captured and the owner or caretaker is known to an
animal control officer a community service officer, the animal control officer community
service officer may issue a notice to the owner or caretaker that their dog or cat is in
violation of this article. The notice shall state the violation date, time, location, the breed
if known and color of the dog or cat, the license number, if known, and the name and
address of the owner or caretaker of such dog or cat, and the notice shall direct the
owner or caretaker of such dog or cat to pay the impoundment fees as provided in this
article either by mail or in person to an animal control officer the community service unit
officer within ten days. Failure to pay the fees as provided in the notice shall constitute a
violation of this ordinance.
Sec. 14-187. Pickup and transportation fee.
An animal pickup and transportation fee will be charged for every animal picked up
from outside the limits of the city and impounded at the animal shelter of the city.
Secs. 14-188—14-220. Reserved.
Sec. 14-188. Interference with performance of duties.
No person shall hinder, delay, or obstruct an officer of the community service unit, his
or her assistant, or any law enforcement officer while in performance of any duty of his
or her office or when engaged in capturing, securing, or impounding any animal.
Sec. 14-189—14-220. Reserved.
ARTICLE V. WILD OR DANGEROUS ANIMALS
Sec. 14-221. Registration required.
In the interest of public safety, all wild animals and hybrid animals whose peers
exist predominantly in a wild or nonresidential confined state and whose unconfined
presence might constitute a danger to humans shall be registered with the animal
control departmentcommunity service unit.
Sec. 14-222. Providing registration information to relevant personnel.
The animal control department community service unit shall provide copies of all
wild animal and hybrid registrations to the police department and other emergency
rescue personnel who may have reason to enter the premises where wild animals are
present for purposes of rescue operations resulting from a natural disaster or personal
emergency.
Sec. 14-223. Running at large prohibited.
It is unlawful for any person to permit or allow any wild or hybrid animal to run at large
within the city.
Sec. 14-224. Prohibited generally.
It is unlawful for any person to keep, maintain or have in their possession or under
their control within the city any poisonous reptile or any other dangerous animal, hybrid
animal or carnivorous wild animal or reptile, or vicious or dangerous domesticated
animal, or any other animal or reptile of wild, vicious or dangerous propensities.
Sec. 14-225. Prohibited animals enumerated.
(a) Definitions. The following words, terms and phrases, when used in this section,
shall have the meanings provided in this section, except where the context clearly
indicates a different meaning:
Dangerous animal means any wild mammal, reptile or fowl which is not naturally
tame or gentle, but is of a wild nature or disposition, and which, because of its size,
vicious nature or other characteristics would constitute a danger to human life or
property if it escaped from secure quarters. The term "dangerous animal" also includes
any domestic animal, reptile or fowl which, because of its size or vicious propensity or
other characteristic, constitutes a danger to human life or property if it escaped from
secure quarters.
(b) Prohibited animals. It is unlawful for any person to keep, maintain or have in their
possession or under their control within the city any of the following animals:
(1) Any animal which has been declared to be protected or endangered by the
U.S. Department of Interior;
(2) All poisonous animals, including rear-fang snakes;
(3) Badgers (mellinae);
(4) Bears (ursidae);
(5) Beavers (castoridae);
(6) Canids, that is: wolves, foxes, coyotes, jackals, dingos, raccoon dogs;
(7) Civet (viverrines);
(8) Civet or raccoon dog (nycterevtes procyonoides);
(9) Constrictor snakes;
(10) Crocodilians, that is: alligators, crocodiles, caimans, cavials;
(11) Eagles, hawks, owls (falconiformes) except falcons and hawks in the
possession of a state and federally licensed handler;
(12) Edentata, that is: anteaters, tamanduas, sloths, armadillos;
(13) Emus (casuariiformes);
(14) Felids, that is: lions, tigers, leopards, cheetahs, jaguars, pumas, lynx, ocelots,
bobcats;
(15) Game cocks and other fighting birds;
(16) Hyenidae (hyenas);
(17) Marsupials, that is: opossums, Tasmanian wolf, kangaroos, koalas, wombats;
(18) Muskrats (ondatra);
(19) Ostriches (struthio);
(20) Porcupine (hystricomorpha);
(21) Primates (nonhuman), that is: apes, monkeys, baboons, chimpanzees,
gibbons, gorillas, orangutans, siamangs;
(22) Procuonids, that is: raccoons, coatis, kinkajous, ring-tailed cats, pandas;
(23) Rheas (rheiformes);
(24) Skunks (mephitinae);
(25) Squirrels (sciuridae);
(26) Sharks (chondrichthyes);
(27) Swine (suidae);
(28) Ungulates, that is: elephants, zebra, tapirs, rhinoceroses, camel, llama,
caribou, antelope, bison, reindeer, deer, giraffe, hippopotamus, wild boar,
gazelle, gnu;
(29) Water buffalo (bubalus);
(30) Wart hogs (phacochorus aethiopicus);
(31) Weasels;
(32) Wolverines (gulo gulo);
(33) Woodchucks (marmota monas);
(34) Any other dangerous animal.
Sec. 14-226. Exception for medical and education institutions.
The provisions of sections 14-224 and 14-225 of this article do not prohibit the
possession or keeping of an animal which is in the possession of faculty or staff of
South Dakota State University and is kept within the South Dakota State University
campus for testing, research or educational purposes and is confined in a cage or
enclosure adequate to prevent its escape or the possession or keeping of an animal
which is a circus animal or the temporary display of an animal participating in a licensed
circus event or temporary display. The possession or keeping of an animal at South
Dakota State University and the possession or keeping of a circus animal or an animal
on temporary display are permitted if:
(1) Their location conforms to the provisions of the zoning ordinances of the city.
(2) All animals and animal quarters are kept in a clean and sanitary condition and
so maintained as to eliminate objectionable odors.
(3) Animals are maintained in quarters constructed to prevent their escape.
(4) No person lives or resides within 100 feet of the quarters in which the animals
are kept.
Sec. 14-227. Owner to report escape of dangerous animals or animals not
indigenous to state.
The owner or caretaker of any member of a species of the animal kingdom that
escapes from their custody or control and that is a dangerous animal or is not
indigenous of this state or presents a risk of physical harm to persons or property shall
immediately if possible and not later than one hour after they discover or reasonably
should have discovered the escape, report the animal to a law enforcement police
officer or animal control officer community service officer of the city and to the Brookings
County Sheriff.
Sec. 14-228. Penalty for violation of article.
Any person violating any provision of this article shall be subject to a fine of
$200.00 for each offense, and eEach separate offense of any provision of this article
shall be deemed committed once each day during the period of time a violation occurs
or continues.
Sec. 14-229. Public nuisance.
The possession or keeping or any animal prohibited by this article is declared to be
a public nuisance.
Sec. 14-230. Animals declared as a biting, dangerous or vicious animal by
another governmental entity prohibited.
It is unlawful for any person or caretaker to keep, maintain or have in their
possession or under their control within this city any animal which has been declared by
another governmental entity to be a biting, dangerous or vicious animal.
Secs. 14-231—14-260. Reserved.
ARTICLE VI. PET SHELTERS
DIVISION 1. GENERALLY
Sec. 14-261. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings provided in this section, except where the context clearly indicates a different
meaning:
Pet shelter means a pen, cage, enclosure or accessory structure used for the
purpose of harboring four to 30 pets, such as rabbits, chinchillas or similar animals at
least four months of age, other than dogs, cats, poultry or domestic livestock.
Sec. 14-262. Right of entry.
An A community service officer animal control officer or their authorized
representative shall have the right to inspect any pet shelter at any reasonable hour for
the purpose of enforcing the provisions of this article.
Sec. 14-263. Commercial pet shelter prohibited.
It is unlawful to maintain or operate a pet shelter as a commercial enterprise in the
city. A pet shelter operated by a nonprofit organization which complies with this article is
an authorized pet shelter.
Sec. 14-264. Number of pets.
It is unlawful to keep or shelter more than 30 pets over four months of age in a pet
shelter.
Sec. 14-265. Adequate facilities required.
It is unlawful to maintain or operate a pet shelter without adequate pens, feeders
and waterers.
Secs. 14-266—14-290. Reserved.
DIVISION 2. LICENSE
Sec. 14-291. Required.
It is unlawful for any person within the city to keep, maintain or op erate a pet shelter
without first having obtained a pet shelter license from the animal control department
community service unit.
Sec. 14-292. Application; contents; form.
Any person who desires to maintain or operate a pet shelter shall, on or before
December 31st of each year make application to the animal control officer community
service unit for a pet shelter license. The application shall be in writing, and shall state
the name and address of the applicant, the location of the pet shelter, a description of
the type and number of animals being harbored and the purpose of raising the animals.
The application shall be made on a printed form furnished by an animal control
officercommunity service unit and shall be filed with an animal control officer the
community service unit.
Sec. 14-293. Inspection.
An inspection of the sanitary conditions of a proposed shelter by the an animal
control officer community service unit is required prior to issuance of the initial pet
shelter license.
Sec. 14-294. Fee.
Before any license is issued under the provisions of this article, the applicant shall
pay to the animal control department community service unit, a fee for each pet shelter
to be licensed. The annual fee for a pet shelter license sha ll be as established by
resolution of the city.
Sec. 14-295. Right of appeal.
If a pet shelter license is not issued upon initial application therefor, or is revoked,
the applicant may appeal the decision to the city council. Any decision of the city council
will be a final decision.
Sec. 14-296. Revocation.
A pet shelter license may be revoked for any of the following reasons:
(1) Substantiated complaints to an animal control officer a community service
officer by adjacent neighbors about odor or noise.
(2) Unsanitary conditions as determined by an animal control officer a community
service officer.
(3) Submission of false information upon the application for a pet shelter license.
(4) Any violation of the provisions of this article.
ARTICLE VII. RABIES CONTROL
Sec. 14-297. Cooperation of joint agencies.
The chief of police shall cooperate with the state department of health, the state
livestock sanitary board, the United States Fish and Wildlife Service, the United States
Public Health Service, the United States Department of Agriculture, state and local
veterinary associations, and any other appropriate city, county, state or federal agency
to reduce rabies in wildlife and domestic animals. The chief of police or public health
authority may institute those additional measures for the control of rabies as may be
deemed necessary by the board of health and the city council.
Sec. 14-298. Vaccination required.
(a) Every dog, cat or other animal susceptible to rabies, held as a domestic pet in the
city, six months of age or older, is hereby required to be vaccinated against rabies by a
licensed veterinarian or other qualified person designated by the board of health. Any
rabies vaccination that is not administered by a licensed veterinarian or other qualified
person designated by the board of health shall not be recognized as the required
vaccination. Vaccination against rabies shall be given at those intervals as designated
by the board of health by resolution.
(b) Any owner acquiring a dog, cat or other animal by purchase, gift, birth or otherwise
shall have the animal vaccinated against rabies within one month following acquisition
or when the animal reaches the age of six months.
Sec. 14-299. Keeping rabid animals.
No person shall knowingly harbor or keep any animal infected with rabies or any
animal known to have come in contact with an animal known to have been infected with
rabies unless the animal has current rabies shots. In that case the procedure stated in
the current Compendium of Animal Rabies Control shall be followed.
Sec. 14-300. Report of suspected case; generally.
Any person who shall suspect that any animal in the city is infected with rabies
shall report the animal to the community service officer, describing the animal and
giving the name and address of the owner if known.
Sec. 14-301. Report of suspected case; veterinarians.
Veterinarians within the city receiving information or reports of suspected rabies
in wild animals or domestic animals shall report the information to the community
service officer.
Sec. 14-302. Report of suspected case; physicians.
Physicians within the city, immediately upon treatment of any person bitten by an
animal, shall report the information to the community service unit.
Sec. 14-303. Destruction of rabid animals.
Any animal displaying symptoms or characteristics of rabies may be destroyed
by the community service officer or a veterinarian upon authorization of the chief of
police.
Sec. 14-304. Muzzling proclamation.
Whenever the health authority shall have determined that there is danger of the
existence or spread of rabies in the city, he or she shall make the facts known to the
mayor in writing. The mayor, upon receipt of the facts, may, by proclamation in the
interest of public safety and general welfare of the citizenry, order all animals muzzled
when off the premises of the owner. Forty-eight hours after the publication of the
proclamation, all animals found off the premises of the owner unmuzzled shall be seized
and impounded or may be immediately destroyed if all reasonable efforts to seize the
animals fail. All animals seized and impounded shall be held for observation for ten
days, and if cleared by a licensed veterinarian, may be claimed by the owner and the
owner must pay the expenses incidental thereto. Any animal not claimed may be
disposed of pursuant to the provisions of this subchapter.
NOTICE OF PUBLIC HEARING
Ordinance 26-011
NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota,
will hold a public hearing at 6:00 p.m., CST, Tuesday, April 14, 2026, in the Brookings
City & County Government Center Chambers, 520 Third Street, to consider adoption of
a revision to the City Code of Ordinances, entitled Ordinance 26-011, an Ordinance
Amending Chapter 14 of the Code of Ordinances of the City of Brookings and
Pertaining to Animals. At which time and place all persons interested will be given a
full, fair and complete hearing thereon. Dated in Brookings, South Dakota, this 3rd day
of April, 2026.
CITY OF BROOKINGS
Bonnie Foster, City Clerk
Published one time at an approximate cost: $ .
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ORD 26-012,Version:1
Introduction and First Reading on Ordinance 26-012, an Ordinance to Change the Zoning within the
City of Brookings (a portion of Bluegill Second Addition, a portion of Bluegill Third Addition and a
portion of the SE 1/4 of the NW 1/4 in Section 1, Township 109N, Range 50W from Agriculture A
District and Residence R-1D Single-family District to a Residence R-1D Single-family District and
Residence R-3 Apartment District.). Public Hearing and Action: April 14, 2026.
Summary and Recommended Action:
Bluegill Inc has submitted a petition to rezone portions of Bluegill Second and Third Additions along
with portions of unplatted adjacent land. . The request to rezone is being submitted alongside a
preliminary plat for additional lots in Bluegill Second and Third Additions. Portions of the area will be
rezoned from Agriculture to Residence R-1D Single-Family District and Agriculture to Residence R-3
Apartment District while other portions will be rezoned from R-1D to R-3. Staff recommends
approval. The Planning Commission voted unanimously to recommend approval.
Attachments:
Memo
Ordinance
Hearing Notice - City Council
Hearing Notice - Planning Commission
Planning Commission Minutes
Petition to Rezone
Location Map
Zoning Map
Future Land Use Map
Preliminary Plat
City of Brookings Printed on 3/19/2026Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Ryan Miller, City Planner
Council Meeting: March 24, 2026 / April 14, 2026
Subject: Ordinance 26-012: Rezone a portion of Bluegill Second
Addition, a portion of Bluegill Third Addition and a portion of
the SE 1/4 of the NW 1/4 in Section 1, Township 109N,
Range 50W from Agriculture A District and Residence R-1D
Single-family District to Residence R-1D Single-family
District and Residence R-3 Apartment District.
Presenter: Mike Struck, Community Development Director
Summary and Recommended Action:
Bluegill Inc. has submitted a petition to rezone portions of Bluegill Second and Third
Additions, along with portions of unplatted adjacent land. The request to rezone is
being submitted alongside a preliminary plat for additional lots in Bluegill Second and
Third Additions. Portions of the area will be rezoned from Agriculture to Residence R -
1D Single-Family District and Agriculture to Residence R-3 Apartment District while
other portions will be rezoned from R-1D to R-3. Staff recommends approval. The
Planning Commission voted unanimously to recommend approval.
Item Details:
The developer has progressed in plans to plat additional lots in Bluegill Second and
Third Additions along Lucerne Avenue and Ace Avenue. With the preliminary plat ready
to be submitted to the Planning Commission and City Council for review, the developer
is also seeking to align their proposed zoning within the preliminary plat area. Areas
west of Ace Avenue, along Lucerne Avenue and Grey Goose Street , will be zoned R-
1D. Areas east of Ace Avenue will be zoned R-3.
The rezone area is located partially within Medium Density Residential and Open
Wetland future land uses within the Future Land Use Map. The portion of the rezone
area in the Open Wetland is mostly zoned R-1D currently, with a narrow portion being
zoned agriculture. A portion of proposed R-1D zoning is located within existing
floodplain. A Conditional Letter of Map Revision through FEMA shows there will be no
floodplain issues due to compensatory storage from pond excavation west of Lucerne
Avenue. An additional drainage lot located near Lucerne Avenue and Grey Goose
Street will be platted and zoned R-1D.
Legal Consideration:
None.
Strategic Plan Consideration:
Economic Growth – The City of Brookings will support effective diversity community
investment and equitable opportunities for prosperity.
Financial Consideration:
None.
Supporting Documentation:
Ordinance
Hearing Notice – City Council
Hearing Notice – Planning Commission
Planning Commission Minutes
Petition to Rezone
Location Map
Zoning Map
Future Land Use Map
Preliminary Plat
ORDINANCE 26-012
AN ORDINANCE TO CHANGE THE ZONING WITHIN THE CITY OF BROOKINGS
BE IT ORDAINED by the governing body of the City of Brookings, South Dakota:
SECTION 1. That the real estate situated in the City of Brookings, County of Brookings,
State of South Dakota, described as follows, to-wit:
A portion of Bluegill Second Addition, a portion of Bluegill Third Addition and a portion of
the SE 1/4 of the NW 1/4 in Section 1, Township 109, Range 50 from an Agriculture A
District and a Residence R-1D Single-family District to a Residence R-1D Single-family
District and a Residence R-3 Apartment District
In accordance with Section 94-7 of Article I of the Code of Ordinances of Brookings, South
Dakota, as said districts are more fully set forth and described in Articles III and IV,
Chapter 94 of the City of Brookings, South Dakota.
SECTION 2. The permitted use of the property heretofore described be and the same is
hereby altered and changed in accordance herewith pursuant to Articles III and IV,
Chapter 94 of the City of Brookings, South Dakota.
SECTION 3. All sections and ordinances in conflict herewith are hereby repealed.
FIRST READING: March 24, 2026
SECOND READING AND ADOPTION: April 14, 2026
PUBLISHED: April 17, 2026
ATTEST:
________________________
Oepke G. Niemeyer, Mayor
_________________________
Bonnie Foster, City Clerk
S
E
C
T
I
O
N
L
I
N
E
15
9
11 12 13 14
1413 15 16 17 18
4213
1 2 3 4
BLO
C
K
1
BLO
C
K
2
3
27
14
BLUE
G
I
L
L
2
N
D
ADDI
T
I
O
N
123
4
5A
7
10
9
UNPL
A
T
T
E
D
UNPL
A
T
T
E
D
MEND
E
L
FAMI
L
Y
ADDI
T
I
O
N
TRAC
T
1
RICH
A
R
D
P
R
I
C
E
FIRST
A
D
D
I
T
I
O
N
LOT 2
A
E300'
S
E
1
/
4
N
E
1 4
EXC.
P
L
A
T
T
E
D
A
R
E
A
S
SEC
1
-
1
0
9
-
5
0
RICH
A
R
D
P
R
I
C
E
FIRST
A
D
D
I
T
I
O
N
LOT
1
BLUE
G
I
L
L
3
R
D
ADDI
T
I
O
N
BLO
C
K
1
BLUE
G
I
L
L
2
N
D
ADDI
T
I
O
N
BLUE
G
I
L
L
3
R
D
ADDI
T
I
O
N
BLUE
G
I
L
L
2
N
D
ADDI
T
I
O
N
SOUT
H
L
A
N
D
ADDI
T
I
O
N
4 5
76
TRAC
T
1
NATU
R
E
P
A
R
K
A
D
D
I
T
I
O
N
521,452± S.F.
4
13,395± S.F.
3
16,203± S.F.
216,706± S.F.
116,327± S.F.
651,246± S.F.
426,441± S.F.
3
26,322± S.F.
229,687± S.F.
113,279± S.F.
135,449± S.F.
5A13,749± S.F.
5B
11,875± S.F.
6A10,967± S.F.8B10,855± S.F.
BLO
C
K
2
BLO
C
K
3
BLO
C
K
5
BLUE
G
I
L
L
3
R
D
ADDI
T
I
O
N
6B10,609± S.F.8A10,538± S.F.
529,557± S.F.
234,218± S.F.
1
67,387± S.F.
7A
8,584±
S.F.
7B
7,223±
S.F.
7C
7,190±
S.F.
7D
7,807±
S.F.
BLO
C
K
4
212,233± S.F.
R60'
R
O
W
60' ROW
6
0
'
R
O
W
60' ROW
60
'
R
O
W
0
75
15
0
F
T
X:
\
F
i
l
e
s
\
2
4
4
3
0
-
0
0
\
D
e
s
i
g
n
P
h
a
s
e
\
C
A
D
D
\
S
h
e
e
t
F
i
l
e
\
B
l
u
e
g
i
l
l
P
r
e
l
i
m
P
l
a
t
.
d
w
g
;02
/
2
0
2
6
ENG / ARCH:
DESIGNER:
TECHNICIAN:
DATE:
JOB No.:
1"1/2"0
SCALE REDUCTION BAR
PR
O
J
E
C
T
/
S
H
E
E
T
T
I
T
L
E
:
RE
V
.
DA
T
E
DE
S
C
R
I
P
T
I
O
N
SHEET No. :
w
w
w
.
b
a
n
n
e
r
a
s
s
o
c
i
a
t
e
s
.
c
o
m
-
T
o
l
l
F
r
e
e
:
1
.
8
5
5
.
3
2
3
.
6
3
4
2
REVIEW
O
N
L
Y
NOT FO
R
FOR
CONST
R
U
C
T
I
O
N
en
g
i
n
e
e
r
i
n
g
a
b
e
t
t
e
r
c
o
m
m
u
n
i
t
y
JDB
JDB
FEBRUARY 2026
24430-00
ZO
N
I
N
G
P
L
A
N
BL
U
E
G
I
L
L
2
N
D
&
3
R
D
A
D
D
I
T
I
O
N
S
BR
O
O
K
I
N
G
S
,
S
O
U
T
H
D
A
K
O
T
A
2 OF 4
23RD ST S
WATERFALL
C
I
R
GREY GOOSE ST
AC
E
A
V
E
LU
C
E
R
N
E
A
V
E
22
N
D
A
V
E
23RD ST S
VACATED UTILITY ESMT
VACATED ROW
EXISTING 20' UTILITY ESMT
EXISTING PROPERTY LINE
LEGEND:
VACATED PROPERTY LINE
PROPOSED PROPERTY LINE
SETBACK LINE
R1-D
DENSITY
(SQ FT)
MIN. LOT AREA
(SQ FT)
MIN.
LOT
WIDTH
MIN.
FRONT
YARD
MIN.
SIDE
YARD
MIN.
REAR
YARD
MAX.
HEIGHT
SINGLE FAMILY. SMALL LOT 4,500 4,500 40 FT 10 FT 5FT 10 FT 35 FT
SINGLE FAMILY 6,000 6,000 50 FT 20 FT 6 FT 20 FT 35 FT
SINGLE FAMILY, 0 FT SIDE YARD
- 2 UNITS
6,000 12,000 80 FT 20 FT 0 FT*20 FT 35 FT
SINGLE FAMILY, 0 FT SIDE YARD
- 2 UNITS, SMALL LOT
4,500 9,000 65 FT 10 FT 0 FT**10 FT 35 FT
TWO-FAMILY 4,500 9,000 75 FT 20 FT 6 FT 20 FT 35 FT
OTHER ALLOWABLE USES 10,000 75 FT 20 FT 6 FT 20 FT 35 FT
* OR 6' ON A NON-PARTY WALL
** OR 5' ON A NON-PARTY WALL
R-3
MIN. LOT AREA
(SQ FT)
MIN.
LOT
WIDTH
MIN.
FRONT
YARD
MIN.
SIDE
YARD
MIN.
REAR
YARD
MAX.
HEIGHT
SINGLE FAMILY DWELING 6,000 50 FT 20 FT 7 FT 25 FT 35 FT
TWO DWELLING UNITS 8,400 65 FT 20 FT 7 FT 25 FT 35 FT
SINGLE FAMILY ATTACHED, 0 FT
SIDE YARD - 2 UNITS
9,600 75 FT 20 FT 0 FT*25 FT 35 FT
SINGLE FAMILY ATTACHED, 0 FT
SIDE YARD - 3 UNITS
12,000 90 FT 20 FT 0 FT*25 FT 35 FT
SINGLE FAMILY ATTACHED, 0 FT
SIDE YARD - 4 UNITS
14,000 105 FT 20 FT 0 FT*25 FT 35 FT
APTS, CONDOS, TOWNHOUSES*
(3 OR MORE UNITS)
10,000 75 FT 20 FT 7 FT**25 FT 60 FT**
OTHER ALLOWABLE USES 6,000 50 FT 20 FT 7 FT**25 FT 60 FT**
*OR 7FT ON NON-PARTY WALL
** SECTION 94-399.1 BUFFERYARDS APPLICABLE
PRELIMINARY PLAT
BLUEGILL 2ND ADDITION BLOCK 2 LOTS 1-6;
BLUEGILL 3RD ADDITION BLOCK 1 LOTS 5A-8B; BLOCK 3 LOTS 1-5;
BLOCK 4 LOTS 1-2; BLOCK 5 LOTS 1 & 2;
AN ADDITION TO THE CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTA
R-3
R-3
R-1D
R-1D R-1D
R-1D
R-3 R-3A
A
B-3
A
R-1C
R-1C
SECTION LINE
QUARTER LINE
VACATED ROW R-3
R-1D
Planning Commission
Brookings, South Dakota
March 3, 2026
OFFICIAL MINUTES
Chairperson Jacob Limmer called the meeting of the Planning Commission to order on Tuesday,
March 3, 2026, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City &
County Government Center. Members present were Tanner Aiken, Emily Braun, Billie Jo Hinrichs,
Kyle Jamison, Jacob Limmer, Roger Solum and Debra Spear. Nick Schmeichel was present via
conference call. Kyle Jamison and Nick Schmeichel were absent. Also present were Community
Development Director Michael Struck, City Planner Ryan Miller and Associate Planner Bailey Maca.
Also present were Clint Anderson, Shawn Storhaug, Wade Price and Justin Bucher from the public.
Item #6a – Bluegill Inc has submitted a petition to rezone portions of Bluegill Second Addition, a
portion of Bluegill Third Addition and a portion of the SE 1/4 of the NW 1/4 1-109-50. The request to
rezone is being submitted alongside a preliminary plat for additional lots in Bluegill Second and Third
Additions. Portions of the area will be rezoned from Agriculture to Residence R-1D Single-Family
District and Agriculture to Residence R-3 Apartment District while other portions will be rezoned from
R-1D to R-3. Staff recommends approval.
(Aiken/Braun) Motion to approve the rezone. All present voted aye. MOTION CARRIED.
OFFICIAL SUMMARY
Item #6a – Bluegill Inc has submitted a petition to rezone portions of Bluegill Second Addition, a
portion of Bluegill Third Addition and a portion of the SE 1/4 of the NW 1/4 1-109-50. Portions of the
area will be rezoned from Agriculture to Residence R-1D Single-Family District and Agriculture to
Residence R-3 Apartment District while other portions will be rezoned from R-1D to R-3. The rezone
area is located partially within Medium Density Residential and Open Wetland future land uses within
the Future Land Use Map. A portion of proposed R-1D zoning is located within existing floodplain. A
Conditional Letter of Map Revision through FEMA shows that there will be no floodplain issues due
to compensatory storage from pond excavation west of Lucerne Avenue. An additional drainage lot
located near Lucerne Avenue and Grey Goose Street will be platted and zoned R-1D.
Price, applicant, and Bucher, Engineer, were available for questions. Solum asked if there is a plan to
finish 23rd St to 22nd Ave in the future. Price confirmed that that is the plan. Aiken added that
continuing R-3 as detailed makes sense in the area.
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act,
please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING
UPON PETITION TO REZONE
NOTICE IS HEREBY GIVEN that Bluegill Inc has submitted a petition to rezone the
following described real estate in the City of Brookings and Brookings County, South
Dakota:
A portion of Bluegill Third Addition exc. platted areas, a portion of the SE ¼ NE ¼
exc. W 44’ & exc. N 30’ & E 300’ & exc. platted areas in Section 1, Township 109,
Range 50, and a portion of Bluegill Second Addition exc. platted areas.
The request is to rezone the above-described real estate from an Agricultural District and
Residence R-1D Single-Family District to a Residence R-1D Single-Family District and
Residence R3 Apartment District.
NOTICE IS FURTHER GIVEN that said request will be acted on by Planning
Commission at 5:30 PM on Tuesday, March 3, 2026, in the Chambers Room on the third
floor of the Brookings City & County Government Center at 520 Third Street, Brookings,
South Dakota. Any action taken by the Planning Commission is a recommendation made
to the City Council.
Any person interested may appear and be heard on this matter.
Dated this 20th day of February, 2026.
Bailey Maca
Associate Planner
Urban Medium
Parks
Open Wetland
Urban Medium
Urban Medium
Res MD
Future Land Use Map
BrookingsCityLimits
FLU_RDG
Mobile Homes
Open Wetland
Parks
Res MD
Urban Medium
Water
2/19/2026, 4:46:41 PM
0 0.06 0.110.03 mi
0 0.09 0.170.04 km
1:4,514
ArcGIS Web AppBuilder
S
E
C
T
I
O
N
L
I
N
E
15
9
11 12 13 14
1413 15 16 17 18
4213
1 2 3 4
BLO
C
K
1
BLO
C
K
2
3
27
14
BLUE
G
I
L
L
2
N
D
ADDI
T
I
O
N
123
4
5A
7
10
9
UNPL
A
T
T
E
D
UNPL
A
T
T
E
D
MEND
E
L
FAMI
L
Y
ADDI
T
I
O
N
TRAC
T
1
RICH
A
R
D
P
R
I
C
E
FIRST
A
D
D
I
T
I
O
N
LOT 2
A
E300'
S
E
1
/
4
N
E
1 4
EXC.
P
L
A
T
T
E
D
A
R
E
A
S
SEC
1
-
1
0
9
-
5
0
RICH
A
R
D
P
R
I
C
E
FIRST
A
D
D
I
T
I
O
N
LOT
1
BLUE
G
I
L
L
3
R
D
ADDI
T
I
O
N
BLO
C
K
1
BLUE
G
I
L
L
2
N
D
ADDI
T
I
O
N
BLUE
G
I
L
L
3
R
D
ADDI
T
I
O
N
BLUE
G
I
L
L
2
N
D
ADDI
T
I
O
N
SOUT
H
L
A
N
D
ADDI
T
I
O
N
4 5
76
TRAC
T
1
NATU
R
E
P
A
R
K
A
D
D
I
T
I
O
N
521,452± S.F.
4
13,395± S.F.
3
16,203± S.F.
216,706± S.F.
116,327± S.F.
651,246± S.F.
426,441± S.F.
3
26,322± S.F.
229,687± S.F.
113,279± S.F.
135,449± S.F.
5A13,749± S.F.
5B
11,875± S.F.
6A10,967± S.F.8B10,855± S.F.
BLO
C
K
2
BLO
C
K
3
BLO
C
K
5
BLUE
G
I
L
L
3
R
D
ADDI
T
I
O
N
6B10,609± S.F.8A10,538± S.F.
529,557± S.F.
234,218± S.F.
1
67,387± S.F.
7A
8,584±
S.F.
7B
7,223±
S.F.
7C
7,190±
S.F.
7D
7,807±
S.F.
BLO
C
K
4
212,233± S.F.
R60'
R
O
W
60' ROW
6
0
'
R
O
W
60' ROW
60
'
R
O
W
0
75
15
0
F
T
X:
\
F
i
l
e
s
\
2
4
4
3
0
-
0
0
\
D
e
s
i
g
n
P
h
a
s
e
\
C
A
D
D
\
S
h
e
e
t
F
i
l
e
\
B
l
u
e
g
i
l
l
P
r
e
l
i
m
P
l
a
t
.
d
w
g
;02
/
2
0
2
6
ENG / ARCH:
DESIGNER:
TECHNICIAN:
DATE:
JOB No.:
1"1/2"0
SCALE REDUCTION BAR
PR
O
J
E
C
T
/
S
H
E
E
T
T
I
T
L
E
:
RE
V
.
DA
T
E
DE
S
C
R
I
P
T
I
O
N
SHEET No. :
w
w
w
.
b
a
n
n
e
r
a
s
s
o
c
i
a
t
e
s
.
c
o
m
-
T
o
l
l
F
r
e
e
:
1
.
8
5
5
.
3
2
3
.
6
3
4
2
REVIEW
O
N
L
Y
NOT FO
R
FOR
CONST
R
U
C
T
I
O
N
en
g
i
n
e
e
r
i
n
g
a
b
e
t
t
e
r
c
o
m
m
u
n
i
t
y
JDB
JDB
FEBRUARY 2026
24430-00
ZO
N
I
N
G
P
L
A
N
BL
U
E
G
I
L
L
2
N
D
&
3
R
D
A
D
D
I
T
I
O
N
S
BR
O
O
K
I
N
G
S
,
S
O
U
T
H
D
A
K
O
T
A
2 OF 4
23RD ST S
WATERFALL
C
I
R
GREY GOOSE ST
AC
E
A
V
E
LU
C
E
R
N
E
A
V
E
22
N
D
A
V
E
23RD ST S
VACATED UTILITY ESMT
VACATED ROW
EXISTING 20' UTILITY ESMT
EXISTING PROPERTY LINE
LEGEND:
VACATED PROPERTY LINE
PROPOSED PROPERTY LINE
SETBACK LINE
R1-D
DENSITY
(SQ FT)
MIN. LOT AREA
(SQ FT)
MIN.
LOT
WIDTH
MIN.
FRONT
YARD
MIN.
SIDE
YARD
MIN.
REAR
YARD
MAX.
HEIGHT
SINGLE FAMILY. SMALL LOT 4,500 4,500 40 FT 10 FT 5FT 10 FT 35 FT
SINGLE FAMILY 6,000 6,000 50 FT 20 FT 6 FT 20 FT 35 FT
SINGLE FAMILY, 0 FT SIDE YARD
- 2 UNITS
6,000 12,000 80 FT 20 FT 0 FT*20 FT 35 FT
SINGLE FAMILY, 0 FT SIDE YARD
- 2 UNITS, SMALL LOT
4,500 9,000 65 FT 10 FT 0 FT**10 FT 35 FT
TWO-FAMILY 4,500 9,000 75 FT 20 FT 6 FT 20 FT 35 FT
OTHER ALLOWABLE USES 10,000 75 FT 20 FT 6 FT 20 FT 35 FT
* OR 6' ON A NON-PARTY WALL
** OR 5' ON A NON-PARTY WALL
R-3
MIN. LOT AREA
(SQ FT)
MIN.
LOT
WIDTH
MIN.
FRONT
YARD
MIN.
SIDE
YARD
MIN.
REAR
YARD
MAX.
HEIGHT
SINGLE FAMILY DWELING 6,000 50 FT 20 FT 7 FT 25 FT 35 FT
TWO DWELLING UNITS 8,400 65 FT 20 FT 7 FT 25 FT 35 FT
SINGLE FAMILY ATTACHED, 0 FT
SIDE YARD - 2 UNITS
9,600 75 FT 20 FT 0 FT*25 FT 35 FT
SINGLE FAMILY ATTACHED, 0 FT
SIDE YARD - 3 UNITS
12,000 90 FT 20 FT 0 FT*25 FT 35 FT
SINGLE FAMILY ATTACHED, 0 FT
SIDE YARD - 4 UNITS
14,000 105 FT 20 FT 0 FT*25 FT 35 FT
APTS, CONDOS, TOWNHOUSES*
(3 OR MORE UNITS)
10,000 75 FT 20 FT 7 FT**25 FT 60 FT**
OTHER ALLOWABLE USES 6,000 50 FT 20 FT 7 FT**25 FT 60 FT**
*OR 7FT ON NON-PARTY WALL
** SECTION 94-399.1 BUFFERYARDS APPLICABLE
PRELIMINARY PLAT
BLUEGILL 2ND ADDITION BLOCK 2 LOTS 1-6;
BLUEGILL 3RD ADDITION BLOCK 1 LOTS 5A-8B; BLOCK 3 LOTS 1-5;
BLOCK 4 LOTS 1-2; BLOCK 5 LOTS 1 & 2;
AN ADDITION TO THE CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTA
R-3
R-3
R-1D
R-1D R-1D
R-1D
R-3 R-3A
A
B-3
A
R-1C
R-1C
SECTION LINE
QUARTER LINE
VACATED ROW R-3
R-1D
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act,
please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING
UPON PETITION TO REZONE
NOTICE IS HEREBY GIVEN that Bluegill Inc has submitted a petition to rezone the
following described real estate in the City of Brookings and Brookings County, South
Dakota:
A portion of Bluegill Third Addition exc. platted areas, a portion of the SE ¼ NE ¼
exc. W 44’ & exc. N 30’ & E 300’ & exc. platted areas, and a portion of Bluegill
Second Addition exc. platted areas.
The request is to rezone the above-described real estate from an Agricultural District and
Residence R-1D Single-Family District to a Residence R-1D Single-Family District and
Residence R3 Apartment District.
NOTICE IS FURTHER GIVEN that said request will be acted on by City Council at
6:00 PM on Tuesday, April 14, 2026, in the Chambers Room on the third floor of the
Brookings City & County Government Center at 520 Third Street, Brookings, South
Dakota.
Any person interested may appear and be heard on this matter.
Dated this 31st day of March, 2026.
Bonnie Foster
City Clerk
Location Map
Zoning Map
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ORD 26-010,Version:2
Second Reading and Action on Ordinance 26-010, an Ordinance to revise Chapter 62 Division 3.
Dead, Dying, Diseased or Infested Trees.
Summary and Recommended Action:
The proposed Tree Ordinance revisions modernize the code by expanding its focus from Dutch Elm
Disease and Emerald Ash Borer to a broader urban forest health framework. The updates allow the
City to address dead, dying, diseased, or infested trees of any species, providing flexibility to respond
to emerging pests and public safety concerns. These changes maintain existing cost recovery
procedures while strengthening our ability to proactively protect Brookings’ urban forest and public
infrastructure.
Attachments:
Memo
Ordinance - clean
Ordinance - marked
City of Brookings Printed on 3/19/2026Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Kristin Zimmerman, Parks, Recreation and Forestry Director
Council Meeting: March 10, 2026 / March 24, 2026
Subject: Ordinance 26-010: revise Chapter 62 Division 3. – Dead,
Dying, Diseased or Infested Trees
Presenter: Kristin Zimmerman, Parks, Recreation and Forestry
Summary and Recommended Action:
The proposed Tree Ordinance revisions modernize the code by expanding its focus
from Dutch Elm Disease and Emerald Ash Borer to a broader urban forest health
framework. The updates allow the City to address dead, dying, diseased, or infested
trees of any species, providing flexibility to respond to emerging pests and public safety
concerns. These changes maintain existing cost recovery procedures while
strengthening our ability to proactively protect Brookings’ urban forest and public
infrastructure.
Item Details:
The proposed revisions modernize the Tree Ordinance by expanding its focus beyond
Dutch Elm Disease and Emerald Ash Borer to address dead, dying, diseased, or
infested trees of any species that may pose a threat to public safety or the health of the
urban forest. The updated language broadens the definition of public nuisance,
allowing the City to respond to emerging pests, pathogens, and environmental stressors
rather than being limited to specific species. This is particularly timely as the Brookings
community is seeing signs of Pine Wilt, reinforcing the need for a more comprehensive
and flexible regulatory framework.
Inspection authority is clarified to allow review of any reported or suspected hazardous
tree, and notice requirements for private property are streamlined to allow for a
reasonable timeframe for compliance based on the severity of the condition. The
revisions also update abatement procedures to emphasize preventing the spread of
current and future threats, remove outdated references to specific diagnostic processes,
and maintain the City’s authority to recover costs for work performed when property
owners fail to comply. Cost responsibility remains unchanged, with the City covering
trees in the public right-of-way and private property owners responsible for nuisances
on private property. Overall, these changes provide clearer authority, greater flexibility,
and a more proactive framework for protecting Brookings’ urban forest, public safety,
and infrastructure.
The Parks and Recreation Advisory Board has reviewed the recommended changes
and are supportive.
Legal Consideration:
City Attorney has reviewed Ordinance
Strategic Plan Consideration:
Safe, Inclusive, Connected Community – The City of Brookings will create an
environment for inclusive programs, gathering places, and events where the
community can safely live, work and come together to participate in opportunities
for learning, recreation and enjoyment.
Sustainability – The City of Brookings will meet environmental, community and
economic desires and needs without compromising future generations’ quality of
life by strategically planning, implementing and maintaining infrastructure and
facilities.
Financial Consideration:
No additional financial impacts
Supporting Documentation:
Ordinance - clean
Ordinance - marked
ORDINANCE 26-010
AN ORDINANCE TO REVISE CHAPTER 62, DIVISION 3 DEAD, DYING,
DISEASED, OR INFESTED TREES, OF THE CITY CODE OF THE CITY OF
BROOKINGS, SOUTH DAKOTA
BE IT ORDAINED by the governing body of the City of Brookings, South Dakota:
DIVISION 3. – DEAD, DYING, DISEASED OR INFESTED TREES
Sec. 62-161. - Declaration of policy.
The city council has determined that the health of the urban forest within the city is
increasingly threatened by a variety of pests, pathogens, and environmental stressors.
The loss of trees growing upon public and private property would significantly depreciate
property values and impair the general welfare of the public. It is the policy of the city to
control and prevent the spread of harmful tree diseases, infestations, and other conditions
that contribute to declining tree health. This division is adopted for that purpose.
Sec. 62-162. - Public nuisances declared.
The city council declares the following to be public nuisances:
A. Any living or standing tree, or part thereof, which is dead, dying, diseased, or
infested in a manner that poses a threat to public safety or may contribute to the
spread of pests or disease.
B. Any dead tree or part thereof, including logs, branches, stumps, firewood, or other
woody material from which bark has not been removed and properly disposed of or
treated to mitigate pest or disease risk.
Sec. 62-163. - Nuisances not permitted to remain.
No person may permit any public nuisance as defined in this division to remain on the
premises owned or controlled by them within the city.
(Code 1996, § 26-62)
Sec. 62-164. - Inspection.
The director of parks, recreation and forestry or designee is authorized to inspect all
premises within the city to determine whether any tree constitutes a public nuisance as
defined in this division. Trees may be subject to inspection if reported or suspected to be
dead, dying, diseased, or infested, regardless of species.
(Code 1996, § 26-63)
Sec. 62-165. - Abatement of nuisances upon public property.
If the director or designee determines with reasonable certainty that a public nuisance
exists within the city upon any public street, alley, park or other public place, including the
strip of property between the curb and lot line, the director or designee shall cause it to be
removed and burned or shall otherwise abate the nuisance.
(Code 1996, § 26-64)
C:\ord\chgzoncy.doc
Sec. 62-166. - Abatement of nuisances on private property.
If the director or designee determines with reasonable certainty that a public nuisance
exists on private property, the director or designee shall provide notice to the property
owner or occupant to abate such nuisance within a reasonable timeframe.
Sec. 62-167. - Determination of disease.
If the director is unable to determine with certainty whether a tree is dead, diseased, or
infested, they may collect and submit specimens for professional evaluation. Actions may
proceed upon confirmation of a hazardous condition.
Sec. 62-168. - Abatement by the city.
If the owner, agent, or occupant of the property upon which any tree-related nuisance
exists—including but not limited to those involving dead, diseased, or infested trees—fails
to abate such nuisance within the time specified in the notice to abate, the director of
parks, recreation and forestry shall cause the nuisance to be removed or otherwise
abated.
Sec. 62-169. - Effect of abatement.
Any abatement made under the provisions of this division shall be conducted in a manner
that prevents or limits the spread of tree pests, diseases, or infestations, including known
and emerging threats. The goal of such abatement shall be to preserve the overall health
of the urban forest and safeguard public and environmental well-being.
Sec. 62-170. - Assessment of cost of abatement.
The cost of abating any public nuisance shall be borne as follows:
A. The entire cost of any abatement of a public nuisance consisting of diseased trees
or any part thereof on any public street, alley, park or other public place, including
the strip of property between curb and lot line, shall be borne by the city. If a tree is
located on the property line between the public property and private property, the
entire cost of abatement shall be borne by the city.
B. The cost of any abatement of a public nuisance on any private property shall be
borne by the owner of the property and shall be collected or assessed against such
property as provided in this division or in accordance with other assessment
procedures in this Code for collection of costs of the abatement of a public
nuisance. If any part of a tree constituting a nuisance under this division is located
on a property line between two private owners, the owners of the property on either
side of such line shall share equally in the cost of abatement.
Sec. 62-171. - Reporting of costs.
The director of parks, recreation and forestry shall keep accurate records of the cost of
work performed under this division for which assessments are to be made, stating the
description of the land, lots, parts of lots or parcels of land and the amounts chargeable to
each. The director of parks, recreation and forestry shall include in a report to the city
manager the aggregate amount chargeable to each lot or parcel, and such amount shall
be collected from the property owner or occupant, or levied and assessed against such
parcels or lots. In lieu of spreading the cost of the abatement of the nuisance against such
C:\ord\chgzoncy.doc
property, such amount may also be recovered by a civil action against the owner or
occupant of such property.
FIRST READING: March 10, 2026
SECOND READING AND ADOPTION: March 24, 2026
PUBLISHED:
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
ATTEST:
Bonnie Foster, City Clerk
DIVISION 2. - TREES ON PUBLIC PROPERTY[PROPERTY [4]
Footnotes:
--- (4) ---
Cross reference— Streets, sidewalks and other public places, ch. 74.
Sec. 62-126. - Purpose of control.
It is declared to be the policy of the city to regulate and control the planting, transplanting, removal,
maintenance and protection of public trees and shrubs in the city in order to eliminate and guard against
dangerous conditions which may result in injury to persons using the streets, alleys, sidewalks or property
of the city, to promote and enhance the beauty and general welfare of the city, and to prevent damage to
any public sewer or water main, street, sidewalk or other public area from undesirable and unsafe
planting, removal and maintenance practices.
(Code 1996, § 26-40)
Sec. 62-127. - Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings provided
in this section, except where the context clearly indicates a different meaning:
Boulevard means - the land between the normal location of the street curbing and sidewalk.
Public trees and shrubs - means all trees or shrubs planted or to be planted on any park,
playground or other property which is owned or controlled by the city, or on any public street,
alley, sidewalk or highway within the public right-of-way, but shall not include trees and shrubs
located at school sites.
(Code 1996, § 26-41)
Cross reference— Definitions generally, § 1-2.
Sec. 62-128. - Enforcement of division provisions.
The park, recreation and forestry department shall be responsible for the enforcement of this division.
(Code 1996, § 26-42)
Sec. 62-129. - Interference.
No person may prevent, delay or interfere with the park and recreation advisory board, or its agents or
employees while they are performing any work or activities.
(Code 1996, § 26-43)
Sec. 62-130. - Street tree plan adopted.
The park and recreation advisory board is directed to design and establish a plan for the orderly
development of boulevards along the city streets to reduce conflicts with other public uses of the
boulevard and streets, to facilitate care of the city's trees, and to make this city a more attractive one in
which to live. The plan shall designate the species of trees for each street and shall take into consideration
the mature size and requirements of the species, the width of the boulevard, the depth of setback of
Formatted: Font: (Default) Times New Roman
Formatted: Heading 2
Formatted: Footer distance from edge: 0.38", Different
first page header
Formatted: Font: (Default) Times New Roman
Formatted: No Spacing, Space Before: 0 pt, After: 0
Formatted: No Spacing
Formatted: Font: 11 pt, Bold, (Intl) Times New Roman
Formatted: Font: 11 pt, Bold
Formatted: Font: (Default) Times New Roman
Formatted: No Spacing, Space Before: 0 pt, After: 0
Formatted: Font: 11 pt, Bold, (Intl) Times New Roman
Formatted: No Spacing
Formatted: Font: (Default) Times New Roman
Formatted: No Spacing, Space Before: 0 pt, After: 0
Formatted: Font: (Default) Times New Roman, Bold
Formatted: No Spacing, Indent: First line: 0.5"
Formatted: Font: (Default) Times New Roman, Bold
Formatted: No Spacing, Indent: Left: 0.5", Space
Before: 0 pt, After: 0 pt
Formatted: Font: (Default) Times New Roman
Formatted: Indent: Left: 0.5"
Formatted: No Spacing, Space Before: 0 pt, After: 0
Formatted: Font: 11 pt, Bold, (Intl) Times New Roman
Formatted: No Spacing, Space Before: 0 pt, After: 0
Formatted: No Spacing, Space Before: 0 pt, After: 0
Formatted: Font: 11 pt, Bold, (Intl) Times New Roman
Formatted: No Spacing
Formatted: Font: 11 pt, Bold
Formatted: Font: (Default) Times New Roman
Formatted: No Spacing, Space Before: 0 pt, After: 0
Formatted: Font: (Default) Times New Roman, Bold
Formatted: No Spacing
Formatted: Font: (Default) Times New Roman
Formatted: No Spacing, Space Before: 0 pt, After: 0
4908-2295-6685, v. 1
Formatted: Line spacing: Exactly 9 pt
buildings, location of streetlights, safety signals and signs, existing desirable trees and any other site
factors.
(Code 1996, § 26-45)
Sec. 62-131. - Clearance for traffic.
All large established trees shall be trimmed to sufficient height to allow free passage of pedestrians
and vehicular traffic and in such a manner to allow ten feet clearance over sidewalks and 12 feet clearance
over all streets; provided, however, that trees along arterial and collector streets shall be trimmed to allow
clearance of at least 16 feet.
(Code 1996, § 26-46)
Sec. 62-132. - Tree planting.
Should any owner of adjacent property desire to plant a tree on any boulevard, permission shall first be
obtained from the department of parks, recreation and forestry for the species, size of tree and proposed
planting location.
(Code 1996, § 26-48)
Sec. 62-133. - Permission required.
(a)
A. No person, except upon order of the park and recreation advisory board may plant, transplant,
move, spray, brace, trim, prune, cut above or below the ground, disturb, alter or do surgery on any
public tree or shrub within the city or cause such acts to be done by others without first obtaining
permission for such work from the director of parks, recreation and forestry. This section shall
not apply to city employees or their agents.
A.
(b)
B. If the director of parks, recreation and forestry determines that the proposed work or planting
described in any application is necessary and in accord with the purposes of this division,
permission shall be granted.
(Code 1996, § 26-49)
Sec. 62-134. - Regulation of public utilities.
The department of parks, recreation and forestry staff shall meet as necessary with a representative
designated by Brookings Municipal Utilities to discuss clearance practices, and particularly concerning
any existing practices the board determines require improvement.
(Code 1996, § 26-50)
Sec. 62-135. - Order to preserve or remove.
(a)
A. Authority:. The park and recreation advisory board shall have the authority to order the
trimming, preservation and removal of trees or plants upon private property when it shall find
such action necessary for public safety or to prevent the spread of disease or insects to public
trees.
A.
(b)
B. Procedure:. If the director of parks, recreation and forestry finds it necessary to order the
trimming, preservation or removal of trees or plants upon private property, a written order to
correct the hazardous condition shall be provided to the owner, operator, occupant or other person
responsible for its existence. Such order may be provided to any or all of such persons.
B.
Formatted: Font: (Default) Times New Roman, Bold
Formatted: No Spacing
Formatted: Font: (Default) Times New Roman
Formatted: No Spacing, Space Before: 0 pt, After: 0
Formatted: Font: (Default) Times New Roman, Bold
Formatted: No Spacing
Formatted: Font: (Default) Times New Roman
Formatted: No Spacing, Space Before: 0 pt, After: 0
Formatted: Font: (Default) Times New Roman, Bold
Formatted: Font: (Default) Times New Roman
Formatted: No Spacing
Formatted: No Spacing, Space Before: 0 pt, After: 0
pt, Numbered + Level: 1 + Numbering Style: A, B, C, …
+ Start at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Formatted: No Spacing, Space Before: 0 pt, After: 0
pt, Numbered + Level: 1 + Numbering Style: A, B, C, …
+ Start at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Formatted: No Spacing, Space Before: 0 pt, After: 0
Formatted: Font: (Default) Times New Roman, Bold
Formatted: No Spacing
Formatted: Font: (Default) Times New Roman
Formatted: No Spacing, Space Before: 0 pt, After: 0
Formatted: Font: (Default) Times New Roman, Bold
Formatted: No Spacing
Formatted: No Spacing, Space Before: 0 pt, After: 0
pt, Numbered + Level: 1 + Numbering Style: A, B, C, …
+ Start at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Formatted: Font: (Default) Times New Roman
Formatted: No Spacing, Space Before: 0 pt, After: 0
pt, Numbered + Level: 1 + Numbering Style: A, B, C, …
+ Start at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Formatted: Font: (Default) Times New Roman, Bold
Formatted: Font: (Default) Times New Roman
Formatted: No Spacing, Space Before: 0 pt, After: 0
pt, Numbered + Level: 1 + Numbering Style: A, B, C, …
+ Start at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
4908-2295-6685, v. 1
Formatted: Line spacing: Exactly 9 pt
(c)
C. Time for compliance:. The order to preserve or remove hazardous trees or plants shall set forth a
time limit for compliance, dependent upon the hazardous condition. In cases of extreme danger to
persons or public property, the director of parks, recreation and forestry shall have the authority
to require compliance immediately upon service of the order to correct the hazardous condition.
C.
(d)
D. Appeal of order:. A person to whom an order to preserve or remove trees or plants is directed
shall have the right, within three days of receipt of such order, to appeal the order to the city
manager, who shall promptly set a date for hearing the appeal and give notice of hearing to the
person appealing. Upon such hearing and review, the city manager may affirm, modify or revoke
the order of the director of parks, recreation and forestry. Unless the order is revoked or modified,
it shall remain in full force and be obeyed by the person to whom directed. No person to whom an
order is directed shall fail to comply with such order later than five days following the
determination of the appeal.
D.
(e)
E. Failure to comply:. If a person to whom an order is directed to preserve or remove trees or plants
shall fail to comply within the specified time, the director of parks, recreation and forestry may
remedy the condition or contract with others for such purpose and charge the cost thereof to the
person to whom the order was directed. The person directed to remedy the condition is authorized
to enter upon the lot for that purpose.
E.
(f)
F. Special assessment:. If the cost of remedying a condition for which an order to preserve or
remove trees or plants was issued is not paid within 30 days after receipt of a statement therefor,
such cost may be collected by civil action or may be levied as a special assessment against the
property upon which such condition existed. The levying of a special assessment shall not
preclude the city from also proceeding with a complaint for the violation of this division.
(Code 1996, §§ 26-51—26-56)
Secs. 62-136—62-160. - Reserved.
DIVISION 3. -– DUTCH ELM DISEASE AND EMERALD ASH BORERDEAD,
DYING, DISEASED OR INFESTED TREES
Sec. 62-161. - Declaration of policy.
The city council has determined that the health of the urban forest within the city is increasingly
threatened by a variety of pests, pathogens, and environmental stressors. The loss of trees growing upon
public and private property would significantly depreciate property values and impair the general welfare
of the public. It is the policy of the city to control and prevent the spread of harmful tree diseases,
infestations, and other conditions that contribute to declining tree health. This division is adopted for that
purpose.The city council has determined that the health of the elm and ash trees within the city is
threatened by Dutch Elm Disease and the Emerald Ash Borer. It has further determined that the loss of
elm and ash trees which are growing upon public and private property would depreciate the value of
property within the city and impair the general welfare of the public. It is the policy of the city to control
and prevent the spread of these diseases, and this division is adopted for that purpose.
(Code 1996, § 26-60)
Sec. 62-162. - Public nuisances declared.
Formatted: Font: (Default) Times New Roman, Bold
Formatted: Font: (Default) Times New Roman
Formatted: No Spacing, Space Before: 0 pt, After: 0
pt, Numbered + Level: 1 + Numbering Style: A, B, C, …
+ Start at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Formatted: Font: (Default) Times New Roman, Bold
Formatted: Font: (Default) Times New Roman
Formatted: No Spacing, Space Before: 0 pt, After: 0
pt, Numbered + Level: 1 + Numbering Style: A, B, C, …
+ Start at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Formatted: Font: (Default) Times New Roman, Bold
Formatted: Font: (Default) Times New Roman
Formatted: Font: (Default) Times New Roman
Formatted: No Spacing, Space Before: 0 pt, After: 0
pt, Numbered + Level: 1 + Numbering Style: A, B, C, …
+ Start at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Formatted: Font: (Default) Times New Roman, Bold
Formatted: Font: (Default) Times New Roman
Formatted: No Spacing, Space Before: 0 pt, After: 0
Formatted: No Spacing
Formatted: Font: (Default) Times New Roman,
Highlight
Formatted: Font: (Default) Times New Roman, Bold,
Highlight
Formatted: Font: (Default) Times New Roman,
Highlight
Formatted: No Spacing, Space Before: 0 pt, After: 0
Formatted: Font: (Default) Times New Roman, Bold,
Highlight
Formatted: No Spacing
4908-2295-6685, v. 1
Formatted: Line spacing: Exactly 9 pt
The city council declares the following to be public nuisances:
A. Any living or standing tree, or part thereof, which is dead, dying, diseased, or infested in a
manner that poses a threat to public safety or may contribute to the spread of pests or disease.
Any dead tree or part thereof, including logs, branches, stumps, firewood, or other woody
material from which bark has not been removed and properly disposed of or treated to mitigate
pest or disease risk.The city council declares the following to be public nuisances:
B.
(1)
Any living or standing elm tree or ash tree or part thereof infected with the Dutch Elm Disease,
Ceratocystis ulmi, or which harbors the European Elm Bark Beetle, Scolytus multistriatus (Eichb.) and/or
the American Elm Bark Beetle, Hylurgopinus rufipes (Marsh.) or the Emerald Ash Borer.
(2)
Any dead elm or ash tree or part thereof including logs, branches, stumps, firewood or other elm or ash
material from which the bark has not been removed and burned or sprayed with an effective European
Elm Bark Beetle or Emerald Ash Borer insecticide.
(Code 1996, § 26-61)
Sec. 62-163. - Nuisances not permitted to remain.
No person may permit any public nuisance as defined in this division to remain on the premises owned
or controlled by them within the city.
(Code 1996, § 26-62)
Sec. 62-164. - Inspection.
The director of parks, recreation and forestry or designee is authorized to inspect all premises within
the city to determine whether any tree constitutes a public nuisance as defined in this division. Trees may
be subject to inspection if reported or suspected to be dead, dying, diseased, or infested, regardless of
species.The director of parks, recreation and forestry or designee is authorized to inspect all premises and
places within the city at least twice each year to determine whether any public nuisance as defined in this
division exists, and shall also inspect any elm and ash tree reported or suspected to be infected with the
Dutch Elm Disease or Emerald Ash Borer or any elm or ash bark bearing material reported or suspected
to be infected with either species of the Elm Bark Beetles or the Emerald Ash Borer.
(Code 1996, § 26-63)
Sec. 62-165. - Abatement of nuisances upon public property.
If the director or designee determines with reasonable certainty that a public nuisance exists within the
city upon any public street, alley, park or other public place, including the strip of property between the
curb and lot line, on private property, the director or designee shall cause it to be removed and burned or
shall otherwise abate the nuisance.provide notice to the property owner or occupant to abate such
nuisance within a reasonable timeframe. If the director of parks, recreation and forestry or designee
determines, upon inspection, that a public nuisance involving Dutch Elm Disease or Emerald Ash Borer
exists within the city upon any public street, alley, park or other public place, including the strip of
property between curb and lot line, they shall immediately cause it to be removed and burned or shall
otherwise abate the nuisance.
(Code 1996, § 26-64)
Sec. 62-166. - Abatement of nuisances on private property.
If the director or designee determines with reasonable certainty that a public nuisance exists on private
property, the director or designee shall provide notice to the property owner or occupant to abate such
nuisance within a reasonable timeframe. of parks, recreation and forestry or designee, upon inspection,
shall determine with reasonable certainty that a public nuisance involving Dutch Elm Disease or Emerald
Formatted: Font: (Default) Times New Roman,
Highlight
Formatted: Numbered + Level: 1 + Numbering Style:
A, B, C, … + Start at: 1 + Alignment: Left + Aligned at:
0.25" + Indent at: 0.5"
Formatted: No Spacing, Space Before: 0 pt, After: 0
pt, Numbered + Level: 1 + Numbering Style: A, B, C, …
+ Start at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Formatted: Font: (Default) Times New Roman
Formatted: No Spacing, Space Before: 0 pt, After: 0
Formatted: Font: (Default) Times New Roman, Bold
Formatted: No Spacing
Formatted: Font: (Default) Times New Roman
Formatted: No Spacing, Space Before: 0 pt, After: 0
Formatted: Font: (Default) Times New Roman, Bold,
Highlight
Formatted: No Spacing
Formatted: Font: (Default) Times New Roman,
Highlight
Formatted: No Spacing, Space Before: 0 pt, After: 0
Formatted: Font: (Default) Times New Roman, Bold,
Highlight
Formatted: No Spacing
Formatted: Font: (Default) Times New Roman,
Highlight
Formatted: No Spacing, Space Before: 0 pt, After: 0
Formatted: Font: (Default) Times New Roman,
Highlight
Formatted: Font: (Default) Times New Roman, Bold,
Highlight
Formatted: No Spacing
Formatted: Font: (Default) Times New Roman,
Highlight
Formatted: No Spacing, Space Before: 0 pt, After: 0
4908-2295-6685, v. 1
Formatted: Line spacing: Exactly 9 pt
Ash Borer exists in or upon private premises within the city, the director shall promptly provide notice,
either personally or by first class or certified mail, upon the owner or agent of such owner of such
property, if either can be located, or upon the occupant thereof, a notice to abate such nuisance within 15
days of service of the notice.
(Code 1996, § 26-65)
Sec. 62-167. - Determination of disease.
If the director is unable to determine with certainty whether a tree is dead, diseased, or infested, they
may collect and submit specimens for professional evaluation. Actions may proceed upon confirmation of
a hazardous condition.If the director of parks, recreation and forestry or designee is unable to determine
with reasonable certainty whether or not a tree which is located upon private premises is infected with
Dutch Elm Disease or Emerald Ash Borer, the director or designee is authorized to remove or cut
specimens from the tree, and shall forward such specimens for diagnosis and report to the Plant Pathology
Department of South Dakota State University and may proceed as provided in this division upon receipt
of a report indicating the existence of disease.
(Code 1996, § 26-66)
Sec. 62-168. - Abatement by the city.
If the owner, agent, or occupant of the property upon which any tree-related nuisance exists—including
but not limited to those involving dead, diseased, or infested trees—fails to abate such nuisance within the
time specified in the notice to abate, the director of parks, recreation and forestry shall cause the nuisance
to be removed or otherwise abated. If the owner, agent or occupant of the property upon which any
nuisance exists which involves Dutch Elm Disease or Emerald Ash Borer fails to abate such nuisance
within the time specified in the notice to abate, the director of parks, recreation and forestry shall cause
the nuisance to be removed or otherwise abated.
(Code 1996, § 26-67)
Sec. 62-169. - Effect of abatement.
Any abatement made under the provisions of this division shall be conducted in a manner that prevents or
limits the spread of tree pests, diseases, or infestations, including known and emerging threats. The goal
of such abatement shall be to preserve the overall health of the urban forest and safeguard public and
environmental well-being. Any abatement made under the provisions of this division shall be made in
such manner as to destroy or prevent as fully as possible the spread of Dutch Elm Disease and Emerald
Ash Borer or the insect pests or vectors known to carry the disease fungus.
(Code 1996, § 26-68)
Sec. 62-170. - Assessment of cost of abatement.
The cost of abating any public nuisance shall be borne as follows:
(1)
A. The entire cost of any abatement of a public nuisance consisting of diseased trees or any part
thereof on any public street, alley, park or other public place, including the strip of property
between curb and lot line, shall be borne by the city. If a tree is located on the property line
between the public property and private property, the entire cost of abatement shall be borne by
the city.
A.
(2)
B. The cost of any abatement of a public nuisance on any private property shall be borne by the
owner of the property and shall be collected or assessed against such property as provided in this
division or in accordance with other assessment procedures in this Code for collection of costs of
Formatted: Font: (Default) Times New Roman
Formatted: Font: (Default) Times New Roman, Bold,
Highlight
Formatted: No Spacing
Formatted: Font: (Default) Times New Roman,
Highlight
Formatted: No Spacing, Space Before: 0 pt, After: 0
Formatted: Font: (Default) Times New Roman, Bold
Formatted: No Spacing
Formatted: Highlight
Formatted: Font: (Default) Times New Roman
Formatted: No Spacing, Space Before: 0 pt, After: 0
Formatted: No Spacing, Space Before: 0 pt, After: 0
Formatted: Font: (Default) Times New Roman, Bold
Formatted: No Spacing
Formatted: Highlight
Formatted: Font: (Default) Times New Roman
Formatted: No Spacing, Space Before: 0 pt, After: 0
Formatted: Font: (Default) Times New Roman, Bold
Formatted: No Spacing
Formatted: Font: (Default) Times New Roman
Formatted: No Spacing, Space Before: 0 pt, After: 0
Formatted: No Spacing, Space Before: 0 pt, After: 0
pt, Numbered + Level: 1 + Numbering Style: A, B, C, …
+ Start at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Formatted: No Spacing, Space Before: 0 pt, After: 0
pt, Numbered + Level: 1 + Numbering Style: A, B, C, …
+ Start at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
4908-2295-6685, v. 1
Formatted: Line spacing: Exactly 9 pt
the abatement of a public nuisance. If any part of a tree constituting a nuisance under this division
is located on a property line between two private owners, the owners of the property on either
side of such line shall share equally in the cost of abatement.
(Code 1996, § 26-69)
Sec. 62-171. - Reporting of costs.
The director of parks, recreation and forestry shall keep accurate records of the cost of work performed
under this division for which assessments are to be made, stating the description of the land, lots, parts of
lots or parcels of land and the amounts chargeable to each. The director of parks, recreation and forestry
shall include in a report to the city manager the aggregate amount chargeable to each lot or parcel, and
such amount shall be collected from the property owner or occupant, or levied and assessed against such
parcels or lots. In lieu of spreading the cost of the abatement of the nuisance against such property, such
amount may also be recovered by a civil action against the owner or occupant of such property.
(Code 1996, § 26-70)
Formatted: No Spacing, Space Before: 0 pt, After: 0
Formatted: Font: (Default) Times New Roman, Bold
Formatted: No Spacing
Formatted: Font: (Default) Times New Roman
Formatted: No Spacing, Space Before: 0 pt, After: 0
Formatted: No Spacing
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 26-0114,Version:1
Action on the 2026 Election Agreement between the City of Brookings and Brookings County.
Summary and Recommended Action:
Staff recommends approval of the City of Brookings / Brookings County 2026 Election Agreement.
Attachments:
Memo
Agreement
City of Brookings Printed on 3/19/2026Page 1 of 1
powered by Legistar™
City Council Agenda Item Memo
From: Bonnie Foster, City Clerk
Council Meeting: March 24, 2026
Subject: City of Brookings / Brookings County Elections Agreement
Presenter: Bonnie Foster, City Clerk
Summary and Recommended Action:
Staff recommends approval of the City of Brookings / Brookings County 2026 Election
Agreement.
Item Details:
During the 2025 Legislative Session, HB1130 was approved, requiring Municipal
Election dates to be held in June or November, in alignment with the State / Federal
Elections.
As a result of this Legislation, the City Council approved moving the City of Brookings
Municipal Election to be held annually in November. With this change, the City Council
also approved holding the Municipal Election in partnership with Brookings County /
State / Federal Elections. This Agreement clarifies the duties of each entity, as well as
cost-sharing for election expenses.
The Brookings County Commission approved this agreement at their March 17th
meeting.
Legal Consideration:
The City Attorney has reviewed the agreement.
Strategic Plan Consideration:
Fiscal Responsibility – The City of Brookings will responsibly manage resources
through transparency, efficiency, equity, and exceptional customer service.
Service and Innovation Excellence – The City of Brookings will provide an
accessible environment committed to ongoing innovation and outstanding service
through listening and engagement.
Financial Consideration:
The City Clerk’s Office has budgeted $21,000 for the 2026 Municipal Election.
Supporting Documentation:
Agreement
ELECTION AGREEMENT FOR BROOKINGS COUNTY
This agreement is entered into between Brookings County and the City of Brookings, political
subdivisions of the State of South Dakota, for the purpose of allocating expenses of combined
elections in even numbered years and elections Brookings County is no t directly involved in. All
under the provisions of SDCL § 9-13-37, 13-7-10.3 and 12-2-6.
COMBINED ELECTIONS (EVEN NUMBERED YEARS)
PURPOSE:
The purpose of this agreement is to provide a method for the parties to conduct their individually required
elections in one combined election pursuant to the provisions of the South Dakota Codified Laws referred to
above to save overall tax dollars on the costs of providing elections for each entity and to encourage a better
voter turnout for all entities.
RESPONSIBILITIES:
The parties to this agreement shall each perform election tasks as set forth in this paragraph.
The board of each entity shall approve the agreed-upon combined election date during an official meeting.
Each entity shall file its own notice of vacancy and the time and place for filing petitions.
Once candidates have filed their nominating petitions, each entity shall verify petition validity as provided by
SDCL § 12-6-8; specifically, that the required number of signatures is present, and that each signer is a
registered voter within the entity’s jurisdiction.
After petitions have been verified, each entity shall draw candidate names for ballot position. The candidates
should be notified and invited to attend the drawing. Once the ballot order has be en determined, the
Brookings City Clerk shall certify to the Brookings County Finance Office the offices and terms to be filled
through the election, the names of the people whose nominating petitions have been filed and the order in
which they are to appear on the ballot. The certification must list the candidate names exactly as they appear
on the nominating petitions. (SDCL § 12-2-5)
Upon receipt of candidate and/or ballot question language certification from the Brookings City Clerk, the
Brookings County Finance Office will assume the sole responsibility for conducting the combined election from
that point forward.
This responsibility will include, but is not limited to joint publications (i.e. notice of voter registration deadline,
notice of election, notice of public test for automatic tabulating equipment, facsimile ballot, instructions to
voters, etc.), preparing and ordering proper number of ballot stock, hiring and training election workers,
ExpressVote programming, absentee voting, public testing of the automatic tabulating system, polling place
setup/teardown, transporting necessary election supplies to each polling location an d facilitating election day
activities.
Each entity shall have representatives present to assist with the tabulating of votes and any needed assistance
on Election night. Votes will be counted on third floor in the Chambers of the Brookings City/County
Government Center building. The Brookings County Finance Office will assign specific election night duties to
each representative present to assist with tabulating of votes.
COST SHARE:
Twenty-five percent (25%) of the total cost will be divided between participating entities. The remaining
seventy-five (75%) will be divided by ballot composition per entity.
Costs will include, but not limited to, jointly published notices, salaries and expenses of election boards and
election workers needed, all jointly used materials such as ballot stock, poll pads, data processing, set up and
testing of ballots, equipment maintenance and any other charges incurred in the scope of the election process.
Brookings County will initially pay all costs associated with the election. The Brookings County Finance Office
will submit an itemized invoice to each entity involved for reimbursement of their portion of the bills. Payment
is due within 60 days of the date of the invoice.
ABSENTEE BALLOTS:
Absentee ballots shall be available at the Brookings County Finance Office for voters who wish to vote
absentee. Absentee workers will be hired by Brookings County.
CANVASSING THE VOTE:
There shall be a joint canvassing of the vote with the canvass board consisting of at least a quorum of each of
the respective boards at a joint meeting the Thursday following the election.
The Brookings County Finance Office shall provide the necessary election reports to the City of Brookings.
COOPERATION
Each entity is hereby empowered and directed to cooperate in any manner that will accomplish the purpose
and intent of this agreement to facilitate the election in the most efficient and economical manner.
TERM OF AGREEMENT
This agreement shall be in effect once all parties sign the agreement. Thereafter, this agreement will be
automatically renewed for each succeeding year. To amend or termin ate this agreement for the upcoming
year, any party must notify the other party of its intent to withdraw by January 1st of that year, effective
immediately on that date.
OTHER ELECTIONS (ODD NUMBERED YEARS)
COST SHARE:
Brookings County is not responsible for supplying to other entities the supplies (absentee envelopes, ballots,
thermal paper, etc.) needed to hold their own elections. However, if Brookings County provides supplies to
them in an emergency, Brookings County will be refunded the cost of the supplies used.
General expectation of costs will be discussed in advance of the election. Brookings County will submit an
itemized invoice to each entity involved for reimbursement of any expenses incurred pursuant to this
Agreement. Payment is due within 60 days of the date of the invoice.
VOTING EQUIPMENT
Brookings County agrees to supply voting booths, ballot boxes, secrecy sleeves, and the required signage at no
cost. The party holding the election is responsible for:
• Setting a time to assist with receiving equipment for Election Day;
• Setting a time to assist in the return of election equipment;
• Transport and setup/teardown of election equipment; and
• Cost of replacing missing equipment and repairing any damage to equipment, other than mechanical
failure
POLLBOOKS, DS850 SCANNER & EXPRESSVOTE:
Brookings County agrees to pay the maintenance and upkeep costs of the Pollbooks, DS850 tabulator, and the
ExpressVote voter assist terminals.
If another entity wishes to use these machines for their election, they are responsible for the costs of
programming, user license fees, on-site support, delivery and pick-up of the equipment and repairing any
damage to the equipment, other than mechanical failure of machines. The cost to rent each Pollbook is
$100.00.
The agreement between Brookings County and KNOWiNK covers the relationship between KNOWiNK and the
licensee, Brookings County. Use of the Pollbooks requires you to enter into a user agreement with KNOWiNK
prior to Brookings County allowing the use of the Pollbooks.
ELECTION SUPPORT:
Staff from the Brookings County Finance Office will be present in the Finance Office from 7:00 a.m. to 7:00
p.m. on Election Day to assist with voter registration issues.
Brookings County is not responsible for on-site support or troubleshooting the Pollbooks. If an entity wishes to
have on-site support for trouble shooting the Pollbooks, they are responsible for the cost of that on -site
support using KNOWiNK.
Brookings County shall be reimbursed at a rate of fifty (50) dollars per hour for Absentee Voting and TotalVote
file transmission.
ELECTION NIGHT:
Entities using the DS850 scanner to count the ballots, Brookings County Finance Office staff will be present on
election night to assist with the counting and intake process.
In the event of a recount, the DS850 scanner will be made available, but the presence of the Finance Office
staff will not be required. If the DS850 scanner needs to be moved between floors, the Finance Office staff is
responsible for moving and securing.
EFFECTIVE DATE:
This agreement shall become effective on the date that all parties have signed the agreement.
Dated this ________ day of ___________________________, _________
___________________________________ _____________________________________
Paul Briseno Bonnie Foster
Brookings City Manager Brookings City Clerk
__________________________________ ______________________________________
Shawn Hostler Lori Schultz
Chairperson Finance Officer
Brookings County Brookings County
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 26-0117,Version:1
City of Brookings Progress Report.
Summary:
Samantha Beckman, Assistant City Manager, will provide a progress report highlighting the City’s
activities/projects.
Attachments:
Progress Report
City of Brookings Printed on 3/19/2026Page 1 of 1
powered by Legistar™
Progress Report
March 2026
General
Bel Brands Expansion Groundbreaking
Public Works
2026 Projects
•Routine Maintenance Projects
•22nd Ave & 20th St S Intersection
Widening
Construction Open House
•March 25, 4:30 –6:00 PM
520 Third Street, Council Chambers
Engineering Division
•Community Policing
o Hockey
o Breakfast with Badges
o Guest Speaker BHS
o Career Fair
•Staff Training
•Reviewed Business Safety Plans
Police
Library
•Craft Swap
•Bathrooms Completed
•Summer Reading Program
Coming Soon!
•Park & Facility Updates
•Skate Park Replacement
•Hillcrest Aquatics
•Fifth Street Gym
•Ballfields
•Seasonal Transition Preparation
•Recreation Program
•Summer program registration begins
April 15 at 7AM
•Tree City USA –44 Years!
•Staff Recognition
Parks, Recreation & Forestry
Public Works
Spring Bulky Item Pickup Dates
●April 8-12: Place Items on boulevards
●April 13-17:Pickup
●April 13-18: Free Landfill Drop-Off
○Including Electronic Waste (E-Waste)
Solid Waste Division
Dacotah Bank Center
•Reimagining Conversation & Open House
www.cityofbrookings-sd.gov/DBCsurvey
•Upcoming Events
o March 26: Dwight Yoakam & ZZ Top
o March 28-29: Wildfire Cheer & Dance
o April 10-11: SDSU Jackrabbit
Stampede Rodeo
o April 16: 38 Special