HomeMy WebLinkAboutOrdinance 18-2013 Ordinance No. 18-13
An Ordinance Establishing Maximum Occupancy Limits for Dwelling Units and
Penalties for Violations in the City of Brookings, South Dakota.
Be It Ordained by the Governing Body of the City of Brookings, South Dakota, as follows:
I.
Sec. 22-375. Maximum Occupancy Limits.
(a) Maximum Occupancy. The maximum occupancy of a dwelling unit shall be one family
per dwelling unit. The term "Family" is defined in subsection (c) below, and in the Brookings
Zoning Ordinance.
(b) Violations. No person shall occupy, nor shall the owner or operator of any rental
dwelling allow any persons to occupy, any dwelling unit in excess of the maximum occupancy
permitted in this Article.
(c) Definition of Family. An individual or two or more persons related by blood or law
occupying a dwelling unit and living as a single household entity or two or more persons
related by blood or law occupying a dwelling unit and living as a single household entity
together with the number of unrelated adults so that the family contains no more than
three adults who are unrelated by blood or law or not more than three unrelated adults
occupying a dwelling unit and living as a single household entity. In addition to persons
actually related by blood or law, the following persons shall be considered related by blood
or law for the purposes of this Article:
(1) Persons residing with the family for the purpose of adoption.
(2) Not more than six persons under 18 years of age residing in a foster home
licensed or approved by a governmental agency.
(3) Not more than four persons 19 years of age or older residing with the family
for the purpose of receiving foster care which is licensed or approved by a
governmental agency.
(4) Persons living with a family at the direction of a court.
II.
Sec. 22-376. Violations and Enforcement.
(a) Violations. A violation of any provision of this Article shall be punishable as provided
in Section 1-8 of this Code and in accordance with any Resolution establishing proposed fines
for violations of Ordinances of the City.
(b) In addition, a rental license may be revoked upon the determination of the building
official or its authorized representative that such violation directly affects the health, safety and
welfare of the occupants. In the event of revocation of the rental license,the dwelling unit shall
comply with the provisions of this Article before a new license may be issued.
III.
All other ordinances in conflict herewith are hereby repealed.
First Reading: September 24, 2013
Second Reading: October 22, 2013
Published: October 25, 2013
CITY OF BROOKINGS, SD
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Tim Reed, Mayor
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1 Thornes, City Clerk
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