PENNINGTON COUNTY ORDINANCE NO. 466 - An ordinance providing for the licensing and regulation of adult oriented businesses, and providing for additional miscellaneous regulations for adult oriented businesses.

Pursuant to SDCL §7-8-20(9) and consistent with the purpose of creating and maintaining a safe, non­ injurious environment for the public welfare , health and morals of the residents of Pennington County and their children, the Pennington County commission desires to regulate Adult Oriented Businesses in an effort to control adverse affects that could be caused by such business establishments; preserve the quality of life; and , preserve the property values and character of surrounding neighborhoods for the residents of  Pennington County ; and

Whereas, the existence of sexually transmitted diseases is a legitimate health concern of Pennington County that demands reasonable regulation of Adult Oriented Businesses in order to protect the health and well-being of the residents of Pennington County; and

Whereas, licensing is a legitimate and reasonable means of accountability to ensure that operators of Adult Oriented Businesses comply with reasonable regulations and to ensure that operators do not allow their establishments to be used as places of illegal sexual activity or to be used in a manner that violates the legitimate purpose of this Ordinance; and

Whereas, it is not the intent of this ordinance to suppress any speech activities protected by the First Amendment, but to enact a content neutral ordinance which addresses the secondary effects of Adult Oriented Businesses.

Whereas, it is acknowledged that in 2003 and 2004 the Pennington County Commission established temporary zoning controls prohibiting the use of any property in the County for adult oriented businesses and said moratorium shall remain in place until this ordinance takes effect.

Now, therefore, be it ordained by the Pennington County Commission as follows:

Section 1 - Purpose

The purpose of this ordinance is to prohibit public nudity in order to protect the general health, safety and welfare of the citizens of Pennington County.  The Pennington County Commission does hereby ordain that it is in the best interest of the public health, safety and general welfare of the people of this county that public nudity does hereby constitute a public nuisance.

Section 2 - Findings of the Pennington County Commission

The Pennington County Commission makes the following findings regarding the need to ban public nudity.  The findings are based upon the experiences of other communities that conducted various studies, where appearing in a state of nudity was permitted.  Additionally, the Pennington County Commission also based its findings on the United States Supreme Court decisions of City of Erie v. Pap 's A.M., 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, 475 U.S. 41 (1986); and Young v. American Mini Theatres, Inc., 427 U.S. 50 (1976).

1. Public nudity can contribute to an increase in criminal activity in the area in which public nudity is displayed, taxing crime-prevention programs and law enforcement services, as well as causing increased costs for prosecution services.
2. Appearing in a state of nudity can increase the risk of exposure to communicable diseases including but not limited to acquired immune deficiency syndrome (AIDS) for which there is currently no cure. Experiences of other cities indicate that businesses allowing the display of public nudity can facilitate the spread of communicable diseases by virtue of the design and use of the premises, thereby endangering not only the patrons of such establishments but also the general public.
3. The risk of criminal activity and/or public health problems can be minimized through a content/neutral ban on public nudity.
   
   

Section 3 - Conclusions of the Pennington County Commission

In direct furtherance of the substantial goals of public health, safety, and welfare, the Pennington County Commission adopts the following regulations, recognizing that it has a great interest in the promotion of health and the prevention of criminal activity.  It is not the intent of this Ordinance to inhibit the freedom of speech component of expressive conduct; instead, this Ordinance represents a balancing of competing interests: reduced criminal activity through the prohibition of public nudity vs. the protected rights of expressive conduct.  Thus, this Ordinance is designed to alleviate undesirable social problems and secondary effects that accompany appearing in a state of nudity without curtailing the constitutionally protected expression.

Section 4 - Committing a Public Nuisance; Exception

1. A person who knowingly or intentionally does any of the following in a public place commits a public nuisance:
1. Engages in sexual intercourse;
2. Appears in a state of nudity; or
3. Fondles the genitals of himself, herself or another person.
2. The prohibition set forth in subsection (A) (2) hereof shall not apply to:
1. Any female individual exposing a breast in the process of breastfeeding an infant under two years of age.
    

Section 5 - Classification

Adult Oriented Businesses are classified as follows:

1. Adult arcades;
2. Adult bookstores, adult novelty stores, or adult video stores;
3. Adult cabarets;
4. Adult motels;
5. Adult motion picture theatres;
6. Adult theatres;
7. Nude Model studios;
   
   

Section 6 - License Required

1. It is unlawful for any person to own, manage, or operate an adult oriented business without a valid adult oriented business license issued by the Pennington County Commission (herein referred to generally as "Pennington County" or "board") pursuant to this ordinance.
2. License application forms shall be provided by the Pennington County Auditor and all completed applications shall be verified by the oath of the applicant.  Such application must contain all information as required by the Pennington County Auditor and must indicate that the applicant is eligible for the license for which application is made.  All applications shall be accompanied by the required fees set forth in Section 9 of this ordinance.  The applicant(s) shall provide all information required to enable the Pennington County Sheriff to determine whether the applicant meets the qualifications established in this ordinance.
3. Each individual who has any ownership interest, manages, or operates the business must sign the application for a license and must be qualified under the following Sections.  Each applicant shall be considered a licensee if a license is granted.
4. All licenses shall be posted in a conspicuous place at or near the entrance to the adult oriented business so that they may be easily read at any time.
   
   

Section 7 - Issuance of License

1. Pennington County reserves the right to deny the issuance of any license if it deems the issuance of said license would be inconsistent with or not serve the intended purpose of this ordinance.  Additionally, Pennington County will deny the issuance of a license should it find any of the following:
1. An applicant is under twenty-one (21) years of age;
2. An applicant is delinquent in payment to Pennington County, the State of South Dakota, or the federal government for any taxes, fees, fines, or penalties assessed against or imposed upon the applicant;
3. An applicant has been denied a license to operate an adult oriented business within the preceding twelve (12) months or whose license to operate an adult oriented business has been revoked within the preceding twenty-four (24) months;
4. An applicant has been convicted of a specified criminal activity as defined in this ordinance, or has been convicted of a felony;
5. An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this ordinance;
6. An applicant has falsely answered a question or request for information on the application form;
7. The license fee required by this ordinance has not been paid at the time of application ; or
8. An applicant has failed to obtain the required conditional use permit or has failed to meet any additional regulations pertaining to the operation and use of Adult Oriented Businesses as set forth under any applicable ordinance administered through the Pennington County Planning and Zoning Department.
2. All applications for Adult Oriented Business licenses shall, after investigation by the Sheriff, be submitted to the board of county commissioners of Pennington County for consideration. The application shall be accompanied by proof that the required fees as set forth in Section 9 of this ordinance have been paid.
3. The board of county commissioners shall fix the time and place for hearing upon all such applications and shall publish notice of said hearing once in the official newspapers of Pennington County, which notice shall be headed "Notice of Hearing Upon Application for Adult Oriented Business," shall state the time and place when and where such application( s) will be considered by said board and shall state that any person interested in the approval or rejection of any such application may appear and be heard, which notice shall be published at least one week prior to such hearing. At the time and place so fixed, such board shall consider such applications and all objections thereto, if any, prior to final decision thereon.
4. In the event of refusal by the governing board of county commissioners to approve the application, such board shall endorse on the application the reasons for denial and return the application and fee to the applicant, less the non-refundable investigation/processing fee provided for in Section 9 of this ordinance.  No further application may be received from a person until after the expiration of one year from the date the application was denied.
5. If the application is approved, the approval shall be endorsed thereon and also upon the present license and the licensee shall thereupon be entitled to operate under the license for a period of one year from the date of issue.  The license fee shall be deposited in the general fund of the county.

 
Section 8 - Renewal

A license granted pursuant to this ordinance shall be subject to annual renewal upon the written application of the applicant/licensee. The provision s of Sections 6 and 7 above shall also apply to all renewal applications. The renewal of a license shall be subject to the payment of fees as set forth in Section 9 of this ordinance.

1. If Pennington County denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial.  If, subsequent to denial, Pennington County finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date denial became final.

Section 9 - Fees

1. Every new application for an adult oriented business license shall be accompanied by a $5,000.00 application fee.  Every renewal application for an adult oriented business license shall be accompanied by a $1,000.00 application fee.  Every application for an adult oriented business license (whether for a new license or for renewal of an existing license) shall also be accompanied by an additional $500.00 non-refundable investigation/processing fee.
2. All license application fees, including the non-refundable investigation/processing fees, shall be submitted to the Pennington County Auditor in the form of a cashier's check.
   
   

Section 10 - Inspection

Adult oriented businesses and adult oriented business employees shall permit officers or agents of Pennington County to inspect, any portion of the adult oriented business, for the purpose of ensuring compliance with the specific regulations of this ordinance.  A licensee's or employee's knowing or intentional refusal to permit such an inspection shall constitute a violation of this Ordinance for purposes of license denial, suspension, and/or revocation.

Section 11 - Expiration of License

1. Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in Section 8 above.  Application for renewal shall be made at least ninety (90) days prior to the expiration date of the existing
   license. Failure to comply with the ninety (90) day requirement may result in the expiration of the license before the renewal process can be completed.
   
   

Section 12 - Suspension

Pennington County shall issue a letter of intent to suspend a license for a period not to exceed sixty (60) days if it determines that a licensee or an employee of a licensee has:

1. violated or is not in compliance with any provision of this ordinance;
2. refused to allow an inspection of the adult oriented business premises as authorized by this ordinance.

Any suspension of license under this Section shall become effective ten (10) days after the letter of intent to suspend is served upon the business licensee.

Section 13 - Revocation

1. Pennington County shall issue a letter of intent to revoke a license if a cause for suspension under Section 8 occurs and, the license has been suspended within the preceding twelve (12) months . Any revocation of license under this Section shall become effective ten (10) days after the letter of intent to revoke is served upon the business licensee.
2. Pennington County shall also issue a letter of intent to revoke a license if it determines that:
1. A licensee gave false or misleading information in the material submitted during the application process;
2. If possession , use, or sale of controlled substances is found on the premises;
3. If prostitution or the promotion of prostitution is found to have occurred on the premises;
4. A licensee or agent thereof operated the adult oriented business during a period of time when the licensee 's license was suspended;
5. Except in the case of an adult motel, if any act of sexual intercourse, sodomy, oral copulation, masturbation , or other sex act is found to occur in or on the licensed premises;
6. A licensee is delinquent in payment to Pennington County or the State of South Dakota for any taxes, fees, fines, or penalties assessed against or imposed upon the licensee; or
7. A licensee or employee has been convicted of specified criminal activity as defined in this ordinance.
3. When Pennington County revokes a license, the revocation shall continue for two (2) years from the date revoked.

Section 14 - Penalties and Abatement of Nuisances

In addition to any other penalty described in this Ordinance, a violation of any provision of this Ordinance also subjects the violator to any and all sanctions and remedies available to Pennington County under the applicable laws of the State of South Dakota including the provisions of SDCL Chapter 7-18A and SDCL Chapter 21-10. Each violation of this Ordinance shall be considered a separate offense and subject to a separate penalty.

Section 15 - Transfer of License

A licensee shall not transfer his/her license to another, nor shall a licensee operate an adult oriented business under the authority of a license at any place other than the address and location designated in the application.

Section 16 - Regulations Pertaining to Exhibition of Sexually Explicit Films and Videos in Viewing Rooms

1. A person who operates or causes to be operated an adult oriented business, other than an adult motel, which exhibits on the premises in a viewing room a film, video cassette, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
1. The application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted.  A manager's station shall be a maximum of thirty-two (32) square feet of floor area.  The diagram shall also designate the location at which the permit will be conspicuously posted , if granted.  A professionally prepared diagram in the nature of an engineer 's or architect 's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six (6") inches.  Pennington County may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
2. No alteration in the configuration or location of a manager's station or the premises itself may be made without the prior approval of the Pennington  County Commission.
3. It is the duty of the licensee of the premises to ensure that at least one licensed person is on duty and situated in each manager's station at all times that any patron is present inside the premises.
4. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms.  Restrooms may not contain video reproduction equipment.  If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations.  The view required in this subsection must be by direct line of sight from the manager's station.
5. It shall be the duty of the licensee to ensure that the view area specified in subsection (4) remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (1) of this Section.
6. No viewing room may be occupied by more than one person at any time.
7. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five (10.0) foot­ candles as measured at the floor level.
8. It shall be the duty of the licensee to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
9. No licensee shall allow openings of any kind to exist between viewing rooms or booths.
10. No person shall make or attempt to make an opening of any kind between viewing booths or rooms.
11. The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist.
12. The licensee shall cause all floor and wall coverings in viewing booths to be nonporous , easily cleanable surfaces.  Rugs and carpeting are not permitted.
13. The licensee shall cause all floor, wall surfaces in viewing booths to be sanitarily cleaned at least once every twelve (12) hours during business operation.  A log recording the time of each cleaning and who conducted the cleaning shall be maintained and clearly posted in each manager 's station(s).
2. A person having a duty under Subsection (1) through (13) of Subsection (A) above commits a misdemeanor if he knowingly fails to fulfill that duty.
   
   

Section 17 - Regulations for Nude Model Studios

1. The licensee shall not employ any person under the age of 21 years , and the licensee or employee thereof shall not allow a person under 21 years of age to appear as a subject in any state of nudity or semi-nude condition.
2. The licensee or employee thereof shall not allow another to appear in a state of nudity or in a semi-nude condition in any area of a nude model studio premises which can be viewed from a public right-of-way.
   
   

Section 18 - Regulations Concerning Public Nudity

1. Except as otherwise provided for in Nude Model Studios, no Owner, Manager, Operator, Employee, or Agent of an Adult Oriented Business shall allow any person to appear in a state of nudity or depict specified sexual activities.
2. No Owner, Manager, Operator, Employee, or Agent of an Adult Oriented Business shall allow any person to appear in a semi-nude condition unless the person is an employee who also meets any applicable age restrictions set forth in this Ordinance.
3. No Owner, Manager, Operator, Employee, or Agent of an Adult Oriented Business shall allow an employee, while appearing in a semi-nude condition, to have any contact whatsoever with any patron or customer of the business.  The prohibition against contact shall include any touching of the customer or customer's clothing by the employee through any part of their body or instrument or other item.  For the purpose of exchanging tips, gratuity, or payment for services rendered , all such exchanges shall occur without direct contact between the employee and patron.
   
   

Section 19 - Age Regulation

No person under the age of 18 years is, under any circumstance , allowed in or on the premises of an Adult Oriented Business.  A person under the age of 18 years on the premises of an adult oriented business is in direct violation of this ordinance and subjects the Adult Oriented Business to revocation of its license.

Section 20 - Hours of Operation

No adult oriented business , except for an adult motel , may remain open at any time between the hours of two o'clock (2:00) A.M. and Seven o'clock (7:00) A.M. on each day of the week.

Section 21 - Severability of Provisions and Applications

Change paragraph to : If any provision of this Ordinance is deemed invalid by a court of competent jurisdiction, the invalid provision( s) shall be severed from the remaining provisions of this Ordinance which shall continue in full force and effect.

Section 22 - Conflicting Ordinances Repealed

All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

Section 23 - Standards

The contents of this Ordinance shall constitute the contemporary community standards as it pertains to the sale, distribution , and use of obscene material and obscene live conduct in any commercial establishment or public place within the jurisdiction of Pennington County, State of South Dakota.

Section 24 - Effective Date

This Ordinance shall take effect upon its passage and publication.

Section 25 - Filing with County Auditor

The Pennington County Auditor shall file the original of this Ordinance in their office copies of which shall be made available to the general public for inspection and review by any person or persons during regular business hours.  The Pennington County Auditor may charge a fee for copies of this Ordinance requested by members of the general public.

Section 26 - Definitions

1. Adult Arcade means any place to which the public is permitted or invited wherein coin-operated , slug-operated, or for any form of consideration, or electronically , electrically , or mechanically controlled still or motion picture machines, projectors , video or laser disc players, or other image-producing devices are maintained to show images to five and fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."
2. Adult Bookstore, Adult Novelty Store or Adult Video Store means a commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following:
1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or
2. Instruments, devices, or paraphernalia that are designed for use in connection with "specified sexual activities."
   
   

   A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as Adult Bookstore, Adult Novelty Store, or Adult Video Store.  Such other business purposes will not serve to exempt such commercial establishments from being categorized as an Adult Bookstore, Adult Novelty Store, or Adult Video Store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."  A principal business purpose is defined as a business that maintains at least 40% of its inventory items for sale or rent that are characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas."

   The definition under this subsection shall not include a store that, as its principal business purpose, sells or rents films, motion pictures, video cassettes, video reproductions or other visual representations that contain an official industry rating of G, PG, PG13, R, or NC17.

3. Adult Cabaret means a nightclub, bar, juice bar, restaurant, bottle club, or similar commercial establishment whether or not alcoholic beverages are served, which regularly features person who appear semi-nude.
4. Adult Motel means a hotel, motel or similar commercial establishment which:
1. Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions; or
2. Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
3. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.
5. Adult Motion Picture Theatre means a commercial establishment where, for any form of consideration , films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
6. Adult Theatre means a theatre, concert hall,  auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nude, or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
7. Employee means a person who performs any service on the premises of an adult oriented business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business.  Employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises , or for the delivery of goods to the premises.
8. Establishment means and includes any of the following:
1. The opening or commencement of any adult oriented business as a new business;
2. The conversion of an existing business, whether or not an adult oriented business, to any adult oriented business;
3. The addition s of any adult oriented business to any other existing adult oriented business; or
4. The relocation of any adult oriented business.
9. Licensee means a person in whose name a license to operate an adult oriented business has been issued, as well as the individual listed as an applicant on the application for a license.
10. Nude Model Studio means any place where a person who appears nude, or who displays "specified anatomical areas" and is provided to be sketched , drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.  Nude Model Studio shall not include a proprietary school licensed by the State of South Dakota, or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure:
1. That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing; and
2. Where in order to participate in a class a student must enroll at least three days in advance of the class; and
3. Where no more than one nude or semi-nude model is on the premises at any one time.
11. Nudity or a State of Nudity means the showing of any portion of the human male or female genitals, pubic area, vulva, or anus, the showing of the female breast with less than a fully opaque covering of the entire areola and nipple, the showing of the male genitals in a discernibly turgid state even if completely covered by opaque material.
12. Person means an individual , proprietorship, partnership , corporation , association, or other legal entity.
13. Public Place means all outdoor places owned by or open to the general public , and all buildings and enclosed places owned by or open to the general public, including, but not necessarily limited to, such place of entertainment , taverns, restaurants , clubs, theatres, dancehalls, banquet halls, party rooms, or halls limited to specific members, restricted to adults, or to patrons invited to attend, whether or not an admission charge is levied.
14. Regularly Features or Regularly Shown means a consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the ongoing business of the sexually oriented business.
15. Semi-nude or in a Semi-nude Condition means the showing of the female breast with not less than an opaque covering of the entire areola and nipple , and the use of at least thong or g-string underwear with sufficient opaque material to cover all portions of the human male or female genitals, pubic area, vulva, and anus.
16. Adult Oriented Business means an adult arcade, adult bookstore , adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theatre , adult theatre, escort agency, or nude model studio.
17. Specified Anatomical Areas means:
1. The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
2. Less than completely and opaquely covered human genitals, pubic region , buttocks or a female breast below a point immediately above the top of the areola.
18. Specified Criminal Activity means any of the following offenses:
1. Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness ; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; unlawful gambling; or distribution of a controlled substance;
2. For which:
1. Less than five years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction , whichever is greater, on a Felony or Misdemeanor charge;
3. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.
19. Specified Sexual Activities means any of the following:
1. The fondling or other erotic touching of another's human genitals, pubic region, buttocks , anus, or female breasts;
2. Sex acts, normal or perverted, actual or simulated , including intercourse , oral copulation , masturbation , or sodomy; or
3. Excretory functions as part of or in connection with any of the activities set forth in (a) through (b) above.
20. Transfer of Ownership or Control of an adult oriented business means and includes any of the following:
1. The sale, lease, or sublease of the business;
2. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
3. The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business , except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
   
   

Section  27 - Effective Date

This ordinance shall be enforced from and after August 25, 2004.

Pennington County Commission

Ken Davis, Chairman

First Reading: July 6, 2004
Second Reading: July 20, 2004
Published: August 4, 2004
Effective Date: August 25, 2004