S.D. Codified Laws § 9-4-4.1 — SD Code / Title 9 / Chapter 4 / Section 9-4-4.1
Study required before annexation without petition
Status: in_force

Except as provided by § 9-4-1 , before a municipality may extend its boundaries to include contiguous territory, the governing body shall conduct a study to determine the need for the contiguous territory and to identify the resources necessary to extend the municipal boundaries.

Source: SDC 1939, § 45.2906 as added by SL 1955, ch 215, § 1; SDCL, § 9-4-3; SL 1979, ch 47, § 1.
S.D. Codified Laws § 9-29-6 — SD Code / Title 9 / Chapter 29 / Section 9-29-6
Retailing of alcoholic beverages
Status: in_force

Every municipality shall have power to engage in retailing alcoholic beverages as provided in Title 35.

Source: SDC 1939, § 45.0201 (31); SL 1971, ch 65, § 1.
S.D. Codified Laws § 9-13-7 — SD Code / Title 9 / Chapter 13 / Section 9-13-7
Municipal office--Nominating petition--Deadline--Contents--Verification
Status: in_force

No candidate for elective municipal office may be nominated unless the candidate files a nominating petition with the municipal finance officer no later than five p.m. local time, on the third Tuesday of March, for an election held on the first Tuesday after the first Monday in June, or before five p.m. local time, on the third Tuesday of August for an election held on the first Tuesday after the first Monday in November.

The petition must be on the form prescribed by the State Board of Elections and must contain:

(1) The name of the candidate;

(2) The candidate's residential address;

(3) The candidate's mailing address, if applicable; and

(4) The office the candidate seeks.

If an individual who signs a petition lives within a second-class or third-class municipality, the individual may give the individual's post office box number in lieu of a street address.

The finance officer may only accept a nominating petition that is on the prescribed form and was circulated and submitted pursuant to the provisions of this chapter and chapter 12-6 . The municipal finance officer or clerk shall verify by signature that the nominating petition contains the minimum number of signatures of registered voters within the municipality or ward, and that the candidate is a registered voter within the municipality or ward. Upon verification, the filing of a nominating petition constitutes nomination.

Source: RPolC 1903, § 1902; SL 1915, ch 115, § 4; SL 1915, ch 258, § 4; RC 1919, § 6318; SDC 1939, § 45.1307; SL 1939, ch 186; SL 1985, ch 58, § 1; SL 1986, ch 67, § 3; SL 1992, ch 110, § 4; SL 2004, ch 75, § 3; SL 2015, ch 77, § 15 rejected Nov. 8, 2016; SL 2020, ch 26, § 1; SL 2025, ch 40, § 6, eff. Jan. 1, 2026; SL 2026, ch 35, § 1.
S.D. Codified Laws § 9-16-45 — SD Code / Title 9 / Chapter 16 / Section 9-16-45
Circulatory or respiratory disease presumed occupational in firemen
Status: in_force

Notwithstanding the provisions of any general or special law to the contrary, any condition of impairment of health caused by hypertension, heart disease, or respiratory disease resulting in total or partial disability to an officer or member of a fire department who successfully passed physical examination on entering into such service, which examination failed to reveal any evidence of such condition, shall be presumed to have been suffered in line of duty, unless the contrary be shown by competent evidence.

Source: SL 1957, ch 248, § 3; SDC Supp 1960, § 45.1212.
S.D. Codified Laws § 9-38-38 — SD Code / Title 9 / Chapter 38 / Section 9-38-38
Contract for street improvements under park board--Supervision by board
Status: in_force

The contract for doing the work of construction and furnishing material for any such improvement for which special assessments are not to be levied shall be let by the board to the lowest and best bidder in the same manner and subject to the same provisions as similar work not under the control of the board is let by the governing body.

All such work shall be done under the supervision and control of the board.

Source: SL 1915, ch 260, § 50; RC 1919, § 6494; SDC 1939, § 45.2526.
S.D. Codified Laws § 9-16-4.1 — SD Code / Title 9 / Chapter 16 / Section 9-16-4.1
Deferred compensation program for volunteer firefighters--Establishment and management--Participation optional
Status: in_force

Any municipality with a volunteer fire department may establish a deferred compensation program for its volunteer firefighters. Such a program may be financed by the municipality or by the volunteer firefighters and may be managed through the municipality or through an insurance company or other financial institution. Such program shall be established by ordinance. Each municipality shall establish requirements for participation in the program. Participation in the program of deferred compensation shall be at the option of the volunteer firefighter.

Source: SL 1986, ch 71, § 1.
S.D. Codified Laws § 9-23-4 — SD Code / Title 9 / Chapter 23 / Section 9-23-4
Warrants paid or registered on presentation
Status: in_force

Every warrant on the municipal treasurer shall be paid upon presentation if there is sufficient money in the fund upon which it is drawn to pay the same. If not paid, it shall be registered as provided by law.

Source: SL 1890, ch 37, art VIII, § 4; RPolC 1903, § 1250; SL 1913, ch 119, § 71; RC 1919, § 6291; SDC 1939, § 45.1123.
S.D. Codified Laws § 9-41A-10 — SD Code / Title 9 / Chapter 41A / Section 9-41A-10
Adoption of bylaws--Contents
Status: in_force

The bylaws of the municipal power agency, and any amendments thereto, shall be proposed by the board of directors and shall be adopted by the representatives of the member first and second class municipalities, at a meeting held after notice. Subject to the provisions of the agency agreement, the bylaws shall state:

(1) The qualifications of member first and second class municipalities, and limitations upon their number;

(2) Conditions of membership;

(3) Manner and time of calling regular meetings of representatives of member first and second class municipalities;

(4) Manner and conditions of termination of membership; and

(5) Other provisions for regulating the affairs of the municipal power agency as the representatives of the member first and second class municipalities shall determine to be necessary.

Source: SL 1978, ch 66, § 6; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-38-41 — SD Code / Title 9 / Chapter 38 / Section 9-38-41
Appropriations and expenditures for park and boulevard improvements
Status: in_force

Except as otherwise specifically provided all sums used for improving any public park, parkway, road, boulevard, or street under the control of the board and all sums required for the general expenses of such board and for other park purposes shall be paid out of moneys appropriated from the general fund of the first or second class municipality and shall be appropriated and expended in the same manner as other money is appropriated and expended by the governing body.

Source: SL 1915, ch 260, § 59; SL 1917, ch 305, § 5; RC 1919, § 6502; SDC 1939, § 45.2534; SL 1967, ch 223, § 2; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-16-3 — SD Code / Title 9 / Chapter 16 / Section 9-16-3
Ordinance establishing retirement system--Provisions to be included
Status: in_force

The governing body of any municipality of the first class, after authorization as provided in § 9-16-1 or 9-16-2 , may adopt an ordinance establishing a retirement system covering the employees, elective officers, and appointive officers of the municipality. The ordinance shall provide rules and regulations governing the operation of the retirement system; shall prescribe the membership of the retirement system; shall provide for the retirement of members; shall provide for the payment of annuities, pensions, or retirement allowances or may provide for actuarial equivalents thereof in the event of retirement, disability, or death; shall create a Board of Trustees in whom is vested the responsibility for the management of the retirement system; shall provide for the financing of the retirement system by contributions; and shall provide for the investment of the moneys of the retirement system.

Source: SL 1925, ch 239, § 3; SDC 1939, §§ 45.0203 (4), 45.1201; SL 1949, ch 183, § 1; SL 1953, ch 254; SL 1955, ch 201, § 1; SL 1957, ch 253; SL 1967, ch 220, § 1; SL 1984, ch 56, § 1; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-41A-37 — SD Code / Title 9 / Chapter 41A / Section 9-41A-37
Powers incidental to purposes of chapter
Status: in_force

A municipal power agency may exercise all other powers reasonably necessary or appropriate for or incidental to the effectuation of its authorized purposes or to the exercise of any of the powers enumerated in §§ 9-41A-17 to 9-41A-37 , inclusive, and generally may exercise in connection with its property and affairs, and in connection with property within its control, any and all powers which might be exercised by a natural person or a private corporation in connection with similar property and affairs.

Source: SL 1978, ch 66, § 33.
S.D. Codified Laws § 9-32-1 — SD Code / Title 9 / Chapter 32 / Section 9-32-1
Promotion of health and suppression of disease
Status: in_force

Every municipality shall have power to do what may be necessary or expedient for the promotion of health or the suppression of disease.

Source: SL 1890, ch 37, art V, § 1, subdiv 63; RPolC 1903, § 1229, subdiv 63; RPolC 1903, § 1438, subdiv 4; SL 1913, ch 119, § 53, subdiv 63; RC 1919, § 6169 (41); SDC 1939, § 45.0201 (35).
S.D. Codified Laws § 9-4-11 — SD Code / Title 9 / Chapter 4 / Section 9-4-11
Recording of resolution or decree changing municipal boundaries--Effective date
Status: in_force

Whenever the limits of any municipality are changed by a resolution of the governing body or by a decree of court it shall be the duty of the mayor or the president of the Board of Trustees to cause an accurate map of such territory, together with a copy of the resolution or decree duly certified, to be recorded in the office of the register of deeds of the county or counties in which such territory is situated, and thereupon such territory shall become and be a part of such municipality or be excluded therefrom as the case may be.

Source: SL 1887, ch 104, § 6; CL 1887, § 1119; RPolC 1903, § 1513; RC 1919, § 6563; SDC 1939, § 45.2908; SL 1955, ch 215, § 2.
S.D. Codified Laws § 9-13-1.3 — SD Code / Title 9 / Chapter 13 / Section 9-13-1.3
Regular election date--Biennial--Designation--Transition term of office
Status: in_force

The governing body of a municipality may, by ordinance, choose to hold the regular municipal election only in even-numbered years. If the governing body adopts an ordinance to hold the regular municipal election only in even-numbered years, the governing body must designate the number of vacancies and the number of years, not exceeding four years, for each vacancy so that all succeeding elections have, insofar as practicable, the same number of vacancies to be filled.

If the governing body of the municipality adopts an ordinance to hold the regular municipal election only in even-numbered years, the governing body shall extend the term of any office holder whose term was set to expire in an odd-numbered year, and the office holder shall serve as a member of the governing body until the office holder or another candidate for the office is duly elected and qualified.

Source: SL 2026, ch 32, § 19.
S.D. Codified Laws § 9-38-76 — SD Code / Title 9 / Chapter 38 / Section 9-38-76
Gymnasium or community house authorized by voters--Bond issue
Status: in_force

A first or second class municipality may establish and maintain a public gymnasium or public community house and the grounds therefor within the city limits when authorized by a majority vote of the voters of the city voting on the proposition at any annual or special election and may issue bonds for that purpose.

Source: SL 1917, ch 312; RC 1919, § 6170 (16); SL 1923, ch 230; SDC 1939, § 45.0202 (14); SL 1978, ch 62, § 14; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-55-17 — SD Code / Title 9 / Chapter 55 / Section 9-55-17
Limitations on amount of assessments or taxes
Status: in_force

The total amount of special assessments or general business occupation taxes levied under this chapter may not exceed the total costs and expenses of the projects authorized in the resolution of intent for such district. The levy of any additional special assessment or occupation tax may not reduce or affect in any manner the assessments previously levied. The special assessments or occupation taxes levied shall be for the purposes specified in the resolution of intent for each district and the proceeds may not be used for any other purpose.

Source: SL 1986, ch 81, § 17.
S.D. Codified Laws § 9-21A-5 — SD Code / Title 9 / Chapter 21A / Section 9-21A-5
Urban service district--Lands included
Status: in_force

The urban service district shall include all lands within the boundaries of the municipality which are not included in the rural service district.

Source: SL 1972, ch 68, § 4.
S.D. Codified Laws § 9-21-34.1 — SD Code / Title 9 / Chapter 21 / Section 9-21-34.1
Municipal appropriation--Moved deadline--Certification
Status: in_force

If a municipality opts to move the budget deadlines, the provisions of § 9-21-20 do not apply. On or before October first, after notice and hearing on the requested levies, the municipal finance officer shall certify the tax levies to the county auditor in the county that the municipality is situated in the following form:

For general purposes..........

For interest and debt service fund..........

Source: SL 2021, ch 41, § 2.
S.D. Codified Laws § 9-4-7 — SD Code / Title 9 / Chapter 4 / Section 9-4-7
Publication of petition for exclusion of territory
Status: in_force

No final action shall be taken by the governing body upon any petition presented in pursuance of the provisions of § 9-4-6 until notice of the presentation of such petition has been given by the petitioners by publication at least once each week for two successive weeks.

Source: SL 1887, ch 104, § 3; CL 1887, § 1116; RPolC 1903, § 1510; RC 1919, § 6556; SDC 1939, § 45.2902.
S.D. Codified Laws § 9-33-10 — SD Code / Title 9 / Chapter 33 / Section 9-33-10
Safety examination of dwellings and enclosures
Status: in_force

Every municipality shall have power to provide for the examination by duly authorized officers at reasonable hours of dwellings, buildings, and enclosures to ascertain whether in a dangerous condition, and to provide for remedying such condition.

Source: PolC 1877, ch 24, § 22, subdiv 3; CL 1887, § 1043, subdiv 3; RPolC 1903, § 1438, subdiv 3; RC 1919, § 6169 (21); SDC 1939, § 45.0201 (54).
S.D. Codified Laws § 9-43-137 — SD Code / Title 9 / Chapter 43 / Section 9-43-137
Federal loans
Status: in_force

If public moneys are made available by loan from any federal source to the state, an agency of state government, a public body created by the state, or a political subdivision of the state for the direct or indirect aid of landowners or owners of real property in the public or private improvement of their property in a manner specified by competent federal, state, or local authority, the owners are entitled to retire their obligations for the improvements in like pro rata installments over the same period of time as the loan of federal moneys will be retired, or, if permissible, to accelerate the installments as they are able, and at the same rate of interest as the loan of federal moneys to the state, state agency, public body, or political subdivision of the state. However, if the loan of federal moneys requires different or more stringent terms be met by the owners with regard to time period, installments, or rate of interest, then the terms allowed shall be the most liberal possible that still comply with the federal requirements.

The provisions of this section, in a proper case, are in lieu of assessment under any other law granting power to assess for property improvement.

Source: SL 2012, ch 57, § 65.
S.D. Codified Laws § 9-39-14 — SD Code / Title 9 / Chapter 39 / Section 9-39-14
Removal of utility board members from office
Status: in_force

The members of the municipal utility board shall be removable during their respective terms of office only under the provisions of chapter 3-17 .

Source: SL 1955, ch 221, § 3; SDC Supp 1960, § 45.3903 (1).
S.D. Codified Laws § 9-35-19 — SD Code / Title 9 / Chapter 35 / Section 9-35-19
Service requirement for CATV systems--Performance bonds--Expiration dates
Status: in_force

All municipalities may require every person offering a CATV system to furnish any person applying therefor along lines of its wires, cables, or other conduits, with such service and may require performance bonds or expiration dates contingent upon construction or commencement of operations.

Source: SL 1972, ch 52, § 3.
S.D. Codified Laws § 9-27-29 — SD Code / Title 9 / Chapter 27 / Section 9-27-29
Conveyance to school district of property not required for public purposes
Status: in_force

Every municipality may convey any real property which is now or may hereafter be held or owned by it, the title to which has been or may be obtained from any source and which is not held for public use or which is about to be abandoned for public purposes, to the school district in which such municipality is located, to be used by the district for school purposes, without offering the property for sale and without requiring the school district to pay therefor.

Source: SL 1925, ch 244, § 1; SDC 1939, § 45.2710; SL 1981, ch 44, § 30.
S.D. Codified Laws § 9-10-13 — SD Code / Title 9 / Chapter 10 / Section 9-10-13
City manager--Responsibilities--Power to appoint and remove officers and employees
Status: in_force

The city manager is responsible to the governing body for the proper administration of all affairs of the municipality. Except as otherwise provided by law, the manager has power to appoint and remove all officers and employees in the administrative service of the municipality and may authorize the head of any department or office responsible to the manager to appoint and remove subordinates in the department or office. Appointments made by or under the authority of the manager must be made without definite term, on the basis of executive and administrative ability, and on the basis of the training and experience of the appointees in the assigned work.

Source: SL 1935, ch 158, § 3; SDC 1939, § 45.0902; SL 1992, ch 60, § 2; SL 2025, ch 38, § 50.
S.D. Codified Laws § 9-40-35 — SD Code / Title 9 / Chapter 40 / Section 9-40-35
Termination of receivership and restoration of municipal control
Status: in_force

When and if the default described in § 9-40-33 be made good through the operation of such utility by such receiver, then such utility and the operation and control thereof shall be restored to the proper municipal authorities by court order.

Source: SL 1931, ch 194, § 8; SDC 1939, § 45.2408.
S.D. Codified Laws § 9-19-10 — SD Code / Title 9 / Chapter 19 / Section 9-19-10
Veto power of mayor under aldermanic form--Line item in appropriation ordinance--Emergency exception
Status: in_force

Except as otherwise provided in this section, a mayor in any municipality operating under the aldermanic form pursuant to chapter 9-8 may exercise the veto power granted by § 9-8-3 , by filing a written objection with the finance officer within ten days after its passage. If only part of an ordinance or resolution making an appropriation is vetoed, the remainder must take effect.

The mayor may not veto any ordinance or resolution necessary for the immediate preservation of the public peace, health, safety, or support of the municipal government and its existing institutions if the ordinance or resolution:

(1) Is passed by a two-thirds vote of all the aldermen qualified to serve by election or appointment pursuant to chapter 9-13 ; and

(2) States on its face that the ordinance or resolution is necessary for the immediate preservation of the public peace, health, safety, or support of the municipal government.

Source: SDC 1939, § 45.1004; SL 2001, ch 45, § 1; SL 2026, ch 33, § 40.
S.D. Codified Laws § 9-4-4.10 — SD Code / Title 9 / Chapter 4 / Section 9-4-4.10
Proceedings to enforce terms of resolution of annexation or resolution of intent
Status: in_force

Any person of the annexed area may institute proceedings in the circuit court to compel performance of any aspect of the resolution of intent or the resolution of annexation as finally adopted extending the municipal boundaries and services. The proceedings shall be instituted within seven years of the adoption of the resolution of annexation.

Source: SL 1979, ch 47, § 12; SL 1984, ch 52, § 4.
S.D. Codified Laws § 9-33-13 — SD Code / Title 9 / Chapter 33 / Section 9-33-13
Appropriations for voluntary fire department authorized
Status: in_force

A municipality may appropriate funds for the maintenance of a voluntary fire department, and for transportation of its members to the state firemen's tournament.

Source: SL 1917, ch 308; RC 1919, § 6169 (78); SDC 1939, § 45.0201 (9); SL 1978, ch 62, § 10.
S.D. Codified Laws § 9-54-11 — SD Code / Title 9 / Chapter 54 / Section 9-54-11
Municipal joint or cooperative agreements
Status: in_force

Any municipality, in order to accomplish the purposes provided in this chapter, may enter into agreements with any other public agency or agencies for joint or cooperative action and such agreements shall be governed by the provisions of chapter 1-24 .

Source: SL 1972, ch 45, § 2.
S.D. Codified Laws § 9-52-27 — SD Code / Title 9 / Chapter 52 / Section 9-52-27
Receivership on default in bonds or dissipation of auditorium assets--Powers of receiver--Termination of receivership
Status: in_force

If there be any default in the payment of the principal of or interest on any bonds issued pursuant to this chapter, or a breach of any other condition thereof materially affecting the rights of any bondholder and continuing for not less than three months, or if the revenues from such auditorium be dissipated, wasted, or diverted from their proper application to the payment of said bonds and to the operation and maintenance of said auditorium, any court having jurisdiction of the action, in a proper suit commenced by either a resident taxpayer of the municipality whose rights may have been or may be affected, injured or lost thereby, or by any bondholder similarly affected, may appoint a receiver to administer said auditorium on behalf of the municipality and the bondholders, with power to impose and collect rentals and charges sufficient to provide for the payment of the operating expenses and of said bonds and interest, and to apply the income and revenues thereof in conformity with this chapter and with the resolutions authorizing said bonds. When and if such default or breach be made good through the operation of the auditorium by such receiver, then said auditorium and control thereof shall be restored to the proper municipal authorities by court order.

Source: SL 1951, ch 246, § 4; SDC Supp 1960, § 45.24B04.
S.D. Codified Laws § 9-43-124 — SD Code / Title 9 / Chapter 43 / Section 9-43-124
Restriction on transfer of special assessment moneys to other municipal fund
Status: in_force

No special assessment moneys may be transferred to any other fund of the municipality until all general obligation bonds issued to create or maintain the special assessments have been fully paid with interest.

Source: SL 2012, ch 57, § 52.
S.D. Codified Laws § 9-52-30 — SD Code / Title 9 / Chapter 52 / Section 9-52-30
Sale and lease-back arrangements--Validation of prior actions
Status: in_force

All ordinances, resolutions, and other actions and proceedings adopted before June 12, 1984, and taken by the governing body of a municipality with respect to an existing auditorium or convention center and related facilities in the exercise of the powers granted by §§ 9-52-29 to 9-52-31 , inclusive, and all purchase, sale, lease, and other agreements authorized thereby, are hereby validated and confirmed, and such agreements may be executed, delivered, and performed.

Source: SL 1984, ch 63, § 2.
S.D. Codified Laws § 9-38-75 — SD Code / Title 9 / Chapter 38 / Section 9-38-75
Severability of swimming pool revenue bond law and resolutions
Status: in_force

If any provision of §§ 9-38-61 to 9-38-74 , inclusive, or any resolution or resolutions authorizing the issuance of bonds pursuant to said sections, or the application thereof to any person or circumstances, shall be held invalid in any legal proceedings, such invalidity shall not affect other provisions or applications of said sections or of such resolutions which can be given effect without the invalid provision or application, and shall not affect the validity of such bonds as special and limited obligations of the municipality issuing the same, and to this end all such resolutions shall be subject to all of the provisions and limitations of said sections, and the provisions and applications of said sections are declared to be severable.

Source: SL 1957, ch 258, § 7; SDC Supp 1960, § 45.24D07.
S.D. Codified Laws § 9-21A-10 — SD Code / Title 9 / Chapter 21A / Section 9-21A-10
Platting or construction in rural district--Report--Transfer to urban district
Status: in_force

Whenever any parcel of land, owned by one person or by two or more persons jointly or in common at the time of its inclusion in the rural service district, is platted, in whole or in part, and whenever application is made for a permit for the construction of a commercial, industrial, or urban residential development or improvement to be situated on such parcel or any part thereof, the board or officer approving such plat or building permit shall report this to the governing body, which shall make and enter an order transferring such parcel from the rural service district to the urban service district.

Source: SL 1972, ch 68, § 8.
S.D. Codified Laws § 9-45-3 — SD Code / Title 9 / Chapter 45 / Section 9-45-3
Bridges, culverts and sluiceways
Status: in_force

Every municipality shall have power to construct and keep in repair bridges, culverts, and sluiceways.

Source: SL 1895, ch 182, § 14; RPolC 1903, § 1441; SL 1913, ch 111, § 1; RC 1919, § 6169 (7); SDC 1939, § 45.0201 (91).
S.D. Codified Laws § 9-45-36 — SD Code / Title 9 / Chapter 45 / Section 9-45-36
Sidewalk relocation costs shared by municipality
Status: in_force

Where, in the process of widening a public way, it is necessary to relocate sidewalks, the governing body of any municipality may provide by ordinance that such municipality shall share with the abutting property owners fifty percent of the assessed cost for replacement of all sidewalks which were not in a highly deteriorated condition prior to such widening of the public way.

Source: SL 1963, ch 287.
S.D. Codified Laws § 9-39-9 — SD Code / Title 9 / Chapter 39 / Section 9-39-9
Appointment of members of utility board
Status: in_force

When at such election on the question specified in § 9-39-8 , the majority vote is in the affirmative, the mayor, or in the case of municipalities not having a mayor, the chairman of the town board, shall appoint a board of the number designated in the question to be known as the "municipal utility board," which appointment shall be approved and confirmed by the governing body.

Source: SL 1955, ch 221, § 3; SDC Supp 1960, § 45.3903 (1).
S.D. Codified Laws § 9-40-32 — SD Code / Title 9 / Chapter 40 / Section 9-40-32
Surplus applied to other municipal or public purposes
Status: in_force

If any surplus, as defined in § 9-40-30 , remains in the operation and maintenance fund upon the expiration of any fiscal year, and the governing body determines that such surplus is not needed for the maintenance of the depreciation account, said surplus may be transferred to any other fund of the municipality in accordance with the provisions of § 9-21-26.1 , and may be used for any proper municipal purpose as directed by the governing body, or may be transferred to a public school district as provided in § 9-21-28 , or a hospital corporation as provided in chapter 34-9 ; provided that all such surplus funds on hand at any time prior to such transfer shall be available and shall be used to such extent as may be required for the payment of principal and interest on any outstanding revenue bonds, if other net revenues of the utility are insufficient for such purpose, and no such transfer shall at any time be made in contravention of any covenant of the municipality contained in the ordinances of resolutions authorizing said bonds.

Source: SDC 1939, § 45.2410 as added by SL 1953, ch 265.
S.D. Codified Laws § 9-35-9 — SD Code / Title 9 / Chapter 35 / Section 9-35-9
Maintenance by railroads of safety devices at crossings--Grade changes--Fencing of right-of-way
Status: in_force

Every first or second class municipality shall have power to require railroad companies to keep flagmen and maintain lights at railroad crossings of streets and provide for the safety of persons and property; to compel them to construct, maintain, and operate gates at railroad crossings of streets when the keeping of a flagman is not sufficient protection; to compel them to raise or lower their tracks to conform to any grade which may be established by the municipality and to keep such tracks on the level with the street or highway surface, so that such tracks may be crossed at any place on such street or highway; to require them to fence their railroads and construct and repair cattle guards, viaducts, or overhead crossings, and to provide for and change the location, grade, and crossing of any railroad; all subject to the powers vested in the Public Utilities Commission.

Source: SL 1890, ch 37, art V, § 1, subdiv 25 to 27; RPolC 1903, § 1229, subdiv 25 to 27; SL 1913, ch 119, § 53, subdiv 25 to 27; SL 1913, ch 122; RC 1919, § 6170 (3) to (5); SDC 1939, § 45.0202 (9); SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-45-5 — SD Code / Title 9 / Chapter 45 / Section 9-45-5
Crosswalks, curbs, gutters, and drains
Status: in_force

Every municipality shall have power to provide for and regulate crosswalks, curbs, gutters, and drains.

Source: SL 1890, ch 37, art V, § 1, subdiv 16; RPolC 1903, § 1229, subdiv 16; SL 1913, ch 119, § 53, subdiv 17; RC 1919, § 6169 (49); SDC 1939, § 45.0201 (95).
S.D. Codified Laws § 9-55-10 — SD Code / Title 9 / Chapter 55 / Section 9-55-10
Duties of governing body at hearing--Termination of hearing--Issuance of bonds for convention center from proceeds of general occupational tax
Status: in_force

If a hearing is held under subdivision 9-55-7(2), the governing body shall:

(1) Hear all protests and receive evidence for or against the proposed action;

(2) Rule upon all written protests received prior to the close of the hearing, which ruling shall be final; and

(3) Continue the hearing from time to time as the governing body deems necessary.

If a special assessment is to be used, the proceedings shall terminate if written protest is made prior to the close of the hearing by the owners of a majority of the assessable front footage in the proposed district. If an occupation tax is to be used, the proceedings shall terminate if protest is made by the users of a majority of the space in the proposed district. If the general occupational tax is based upon rented hotel and motel rooms pursuant to § 9-55-7 , the proceedings shall terminate if written protest is made prior to the close of the hearing by the owners of a majority of the hotels and motels in the proposed district.

Any bonds for the construction of a convention facility that are payable from the proceeds of the hotel and motel room general occupational tax may only be issued and sold if at least two-thirds of the hotel and motel owners in the proposed district approve in writing of the issuance and sale of the bonds.

Source: SL 1986, ch 81, § 10; SL 1990, ch 68, § 4; SL 2004, ch 79, § 1; SL 2005, ch 54, § 4.
S.D. Codified Laws § 9-38-20 — SD Code / Title 9 / Chapter 38 / Section 9-38-20
Regulations for park board business--Contracts on behalf of city
Status: in_force

Subject to the approval of the governing body the board shall make bylaws, rules, and regulations for the orderly transaction and conduct of its business. Subject to the approval of the governing body, the board may make and enforce contracts in the name of the city to carry out the purposes expressed in §§ 9-38-10 to 9-38-58 , inclusive.

Source: SL 1915, ch 260, § 8; RC 1919, § 6451; SL 1925, ch 237, § 4; SDC 1939, § 45.2506; SL 1992, ch 60, § 2; SL 1995, ch 49, § 8.
S.D. Codified Laws § 9-9-19 — SD Code / Title 9 / Chapter 9 / Section 9-9-19
Board of five commissioners--Mayor--Powers
Status: in_force

In any municipality governed by a board consisting of five commissioners, the mayor and the commissioners have the powers and duties described in §§ 9-9-20 to 9-9-24 , inclusive. In addition, each commissioner shall supervise any other department assigned or apportioned by resolution of the governing board, adopted by a majority vote of all the commissioners at the first meeting of the board in the month following the election year. Each commissioner is in charge of the apparatus, personnel, and personal property used by departments under that commissioner's supervision.

Source: SL 1913, ch 119, § 19; SL 1915, ch 113, § 3; RC 1919, § 6225; SDC 1939, § 45.0806; SL 1992, ch 60, § 2; SL 2018, ch 49, § 18; SL 2025, ch 38, § 35.
S.D. Codified Laws § 9-55-14 — SD Code / Title 9 / Chapter 55 / Section 9-55-14
Levy of general business occupation tax in addition to or in place of special assessments
Status: in_force

In addition to or in place of a special assessment, a municipality may levy a general business occupation tax upon the businesses and users of space within a district established for acquiring, constructing, maintaining, or operating public off - street parking facilities and providing in connection therewith other public improvements, facilities and activities authorized by this chapter, for the purpose of paying all or any part of the total cost and expenses of any authorized improvement, facility or activity within such district. Notice of a hearing on any such tax shall be given to the businesses and users of space of such districts in the same manner as provided in § 9-55-13 .

Source: SL 1986, ch 81, § 14.
S.D. Codified Laws § 9-43-80 — SD Code / Title 9 / Chapter 43 / Section 9-43-80
Total benefit of local improvement
Status: in_force

The total benefit of the local improvement may not be deemed to be less than the total cost of the improvement, including the contract price and all the engineering, inspection, publication, fiscal, legal, and other expenses incidental to the improvement.

Source: SL 2012, ch 57, § 8.
S.D. Codified Laws § 9-44-11 — SD Code / Title 9 / Chapter 44 / Section 9-44-11
Assessments, taxes, and revenues paid into improvement fund--Use of fund--Unexpended balance
Status: in_force

Into the fund of the improvement financed by municipal improvement bonds shall be paid all assessments and taxes levied on account of the improvement and any net revenues appropriated for the payment of the bonds as provided in this chapter. Moneys in said fund shall be used for no purpose other than the payment of the principal of and interest on said bonds as the same shall become due. After the payment of all principal and interest the governing body may transfer any unexpended balance in said fund to the general fund of the municipality.

Source: SL 1947, ch 219, § 2; SDC Supp 1960, § 45.21A02.
S.D. Codified Laws § 9-6-12 — SD Code / Title 9 / Chapter 6 / Section 9-6-12
Election to dissolve--Number of votes required--Cessation of municipal existence--Disposition of property--Existing rights preserved
Status: in_force

If a majority of all the votes cast at an election pursuant to § 9-6-10 are for dissolution and the turnout for the election was at least two - fifths of all the legal voters of the municipality, based upon the total number of registered voters at the last preceding general election, then a statement of the vote signed by the mayor or president of the board of trustees and attested by the finance officer must be filed in the office of the register of deeds of the county or counties in which the municipality is situated. The municipality shall, at the expiration of six months from the time of holding the election, cease to be a municipality, and the property belonging to the municipality after the payment of debts and liabilities must be disposed of by transferring the property on an equitable basis to the county or counties in which the municipality is situated.

Dissolution does not affect the rights of any person under any contract with the municipality.

Source: SL 1893, ch 35, §§ 1, 2; RPolC 1903, §§ 1415, 1416, 1465, 1466; RC 1919, §§ 6564, 6565; SDC 1939, § 45.3001; SL 2025, ch 38, § 12.
S.D. Codified Laws § 9-53-10 — SD Code / Title 9 / Chapter 53 / Section 9-53-10
Hearing and action by governing body on resolution of necessity
Status: in_force

At the time of such hearing or at any adjournment thereof, the governing body shall consider any objections to such proposed resolution and may adopt such resolution, with or without amendment as it may deem proper, except that the boundaries of the benefit district may not be enlarged so as to include property not contained within the original proposed resolution.

Source: SL 1967, ch 230, § 8.
S.D. Codified Laws § 9-38-1 — SD Code / Title 9 / Chapter 38 / Section 9-38-1
Municipal authority to maintain facilities and issue bonds--Limitations on campgrounds and tourist accommodations
Status: in_force

Each municipality may establish, improve, maintain, and regulate public parks, public squares, parkways, boulevards, swimming pools, camping, and other related facilities within or without the municipality, and to issue its bonds therefor, as provided by this title. A municipality may establish camping or tourist accommodation facilities if there is no existing private campground, inspected and approved by the Department of Health, located within fifteen miles of the municipality. However, a municipality may construct or expand camping or tourist accommodation facilities if there is an existing private campground within fifteen miles of the municipality if the owner of the existing campground approves the construction or expansion in writing. If the private campground has more than one owner, the owners of the private campground may only approve or refuse approval for the construction or expansion of the municipal campground or tourist accommodation facility as a group.

Camping and tourist accommodation facilities established before July 1, 1970, are deemed to have been established under the then existing authority to establish public parks, and municipalities may continue to maintain and regulate the facilities. The requirements of this section for the construction or expansion of a facility near an existing private campground do not apply to a municipality that leases camping and tourist accommodation facilities from the state which were in existence prior to January 1, 2017.

Source: SL 1890, ch 37, art V, § 1, subdiv 7, 44; RPolC 1903, § 1229, subdiv 7, 44; SL 1913, ch 119, § 53, subdiv 7, 44; RC 1919, § 6169 (10); SDC 1939, § 45.0201 (98); SL 1970, ch 63, § 1; SL 1971, ch 66; SL 1990, ch 64; SL 2017, ch 59, § 1; SL 2024, ch 32, § 1.
S.D. Codified Laws § 9-41A-7 — SD Code / Title 9 / Chapter 41A / Section 9-41A-7
Expenses of formation of agency--City representatives' expenses
Status: in_force

Each member first or second class municipality may appropriate money for the payment of expenses of the formation of the municipal power agency and of its representative in exercising its functions as a member of the agency.

Source: SL 1978, ch 66, § 12; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-48-28 — SD Code / Title 9 / Chapter 48 / Section 9-48-28
Metering of water supply to determine sewer charges--Consideration of water consumed without return to sewer system
Status: in_force

The metering of private water supplies produced or operated on premises served by public sewer utilities may be required. If the use or consumption of water on any premises is taken into consideration in determining the charge to be made for the use of sewer utilities serving the premises, the municipality shall consider the amount or proportion of water used on the premises that does not reach or burden the sewer utilities.

Source: SL 1949, ch 204, § 2; SDC Supp 1960, § 45,1821; SL 1982, ch 84, § 3; SL 2000, ch 40, § 1.
S.D. Codified Laws § 9-43-111 — SD Code / Title 9 / Chapter 43 / Section 9-43-111
Payment of proceeds of special assessments under Plan One or delinquent Plan Two
Status: in_force

All proceeds of special assessments under Plan One or delinquent Plan Two shall be paid to the finance officer of the municipality with the proceeds of other taxes.

Source: SL 2012, ch 57, § 39.
S.D. Codified Laws § 9-38-44 — SD Code / Title 9 / Chapter 38 / Section 9-38-44
Annual estimate for maintenance of trees and shrubbery
Status: in_force

In addition to the estimate made pursuant to § 9-38-42 , the board shall, at the time referred to in § 9-38-42 , make an estimate of the moneys necessary for the planting, maintenance, treatment, or removal of trees and shrubbery in the streets, alleys, avenues, boulevards, and parks within the municipality or which are under its control. Such estimates shall specify the amount required for forestry purposes and shall be certified by the secretary of the board to the municipal finance officer at a time specified by the municipal governing body.

Source: SDC 1939, § 45.2533 as added by SL 1967, ch 223, § 1; SL 1992, ch 60, § 2; SL 2014, ch 52, § 2.
S.D. Codified Laws § 9-43-134 — SD Code / Title 9 / Chapter 43 / Section 9-43-134
New assessment or reassessment for irregularities
Status: in_force

If any special assessment for any local improvement is set aside for irregularity in the proceedings or declared void by reason of noncompliance with the provisions of law when ordering or letting the work or making the assessment, or if the collection of any portion of the assessment has been restrained or enjoined, or if any special assessment made upon any lot has been set aside or in any manner rendered or found to be ineffectual, the governing body may make a new assessment or reassessment. The governing body may collect the assessment or reassessment in the manner provided for the collection of the original assessment, to an amount not exceeding the amount of the original assessment, to bear interest at the rate provided by the governing body for unpaid installments of the original assessment from the date of approval of the assessment roll.

Source: SL 2012, ch 57, § 62.
S.D. Codified Laws § 9-53-6 — SD Code / Title 9 / Chapter 53 / Section 9-53-6
Schedule of cost estimates and financing plan
Status: in_force

In addition to complying with §§ 9-53-4 and 9-53-5 , the governing body shall cause to be prepared and filed with the city auditor or town clerk schedules showing the following:

(1) A description of such facility and the equipping and furnishing thereof;

(2) An estimate of the cost to acquire and improve the same;

(3) An estimate of the annual cost to maintain such facility;

(4) An estimate of the proposed rentals to be charged for the use of the convention hall by the public, and the estimated annual revenue to be derived from the use thereof;

(5) A proposed method for financing the acquisition of the site, and building or improvement of the public convention hall and an estimate of the total cost of the project, including the percentage of all costs which will be assessed against the privately owned property within the benefit district and the percentages of costs to be paid by the municipality from other sources, describing each source.

Source: SL 1967, ch 230, § 4.
S.D. Codified Laws § 9-43-82 — SD Code / Title 9 / Chapter 43 / Section 9-43-82
Proposed resolution of necessity--Public hearing
Status: in_force

If the governing body deems it necessary that a local improvement to be financed in total or in part by special assessment be constructed or maintained, and after plans and specifications have been filed with the finance officer, the governing body shall draft a proposed resolution of necessity for the improvement and shall schedule a public hearing on the resolution.

The proposed resolution of necessity shall include the general nature of the proposed improvement, the material to be used or materials from which a choice may be made, an estimate of the total cost or cost per linear foot, a description of the classes of lots to be assessed and of the method of apportioning the benefits to the lots.

If it is deemed expedient for the municipality to assume and pay any portion of the cost of the improvement, the proposed resolution may so provide, or the portion to be assumed may be provided by a subsequent resolution.

The proposed resolution may provide that the municipality will pay any definite, specified portion or all of the cost of the improvements in street and alley intersections.

The proposed resolution may provide that the municipality will pay any definite, specified portion or all of the cost of improvements fronting or abutting on the side of a corner lot, or it may provide that that portion of the cost may be spread as an area tax on the properties benefitting from the improvement.

The proposed resolution of necessity shall state that details, plans, and specifications may be reviewed at the finance office during regular office hours.

Multiple improvements may be embraced by one resolution of necessity if the general nature of each improvement is stated.

Source: SL 2012, ch 57, § 10.
S.D. Codified Laws § 9-38-48 — SD Code / Title 9 / Chapter 38 / Section 9-38-48
Park district moneys not to be diverted to other districts
Status: in_force

The board shall not expend the money of one park district for use in any other park district.

Source: SL 1915, ch 260, § 59; SL 1917, ch 305, § 5; RC 1919, § 6502; SDC 1939, § 45.2534; SL 1967, ch 223, § 2.
S.D. Codified Laws § 9-52-4 — SD Code / Title 9 / Chapter 52 / Section 9-52-4
Authorization, issuance and sale of bonds--Vote required
Status: in_force

All bonds shall be authorized, issued, and sold as provided in chapter 6-8B , if a majority of the registered voters voting at the bond election vote to authorize the bond issue.

Source: SL 1951, ch 246, § 1; SDC Supp 1960, § 45.24B01; SL 1984, ch 43, § 97.
S.D. Codified Laws § 9-29-13 — SD Code / Title 9 / Chapter 29 / Section 9-29-13
Abatement of nuisances
Status: in_force

Every municipality shall have power to declare what shall constitute a nuisance and prevent, abate, and remove the same.

Source: SL 1890, ch 37, art V, § 1, subdiv 60; RPolC 1903, § 1229, subdiv 60; RPolC 1903, § 1438, subdiv 4; SL 1913, ch 119, § 53, subdiv 60; RC 1919, § 6169 (40); SDC 1939, § 45.0201 (34).
S.D. Codified Laws § 9-41A-48 — SD Code / Title 9 / Chapter 41A / Section 9-41A-48
Encumbrance of property to secure bonds and notes--Filings
Status: in_force

For the security of bonds or notes issued, or to be issued, by a municipal power agency, the municipal power agency may mortgage or execute deeds of trust of the whole or any part of its property and franchises in the same manner and with the same effect as provided for public utilities in § 49-34-9 . Any mortgage or deed of trust and any assignment or discharge thereof shall be filed and recorded in the Office of the Secretary of State with the same force and effect as provided in §§ 49-34-11 and 49-34-12 . All filings required under the Uniform Commercial Code to perfect a security interest against the personal property or fixtures of a municipal power agency shall be made and maintained in the Office of the Secretary of State, with the same force and effect as provided in the case of a debtor public utility under the provisions of §§ 57A-9-403.1 to 57A-9-403.5, inclusive.

Source: SL 1978, ch 66, § 42.
S.D. Codified Laws § 9-34-9 — SD Code / Title 9 / Chapter 34 / Section 9-34-9
Secondhand and junk stores
Status: in_force

Every municipality shall have power to tax, license, and regulate secondhand and junk stores and to forbid and punish the purchase and receipt by them from minors of any articles without the written consent of their parents or guardians.

Source: SL 1890, ch 37, art V, § 1, subdiv 76; RPolC 1903, § 1229, subdiv 77; SL 1913, ch 119, § 53, subdiv 75; RC 1919, § 6169 (65); SDC 1939, § 45.0201 (63).
S.D. Codified Laws § 9-21-25 — SD Code / Title 9 / Chapter 21 / Section 9-21-25
Diversion of money belonging to funds prohibited
Status: in_force

Except as herein provided no money belonging to any fund shall ever be diverted to the use of any other fund, and no warrant shall be drawn upon any fund not properly chargeable to such fund.

Source: SL 1913, ch 119, § 118; RC 1919, § 6341; SDC 1939, § 45.1413; SL 1939, ch 187; SL 1955, ch 204; SL 1965, ch 213.
S.D. Codified Laws § 9-55-11 — SD Code / Title 9 / Chapter 55 / Section 9-55-11
Procedure for change of boundaries
Status: in_force

If the governing body decides to change the boundaries of a proposed district, the hearing shall be continued to a time at least thirty days after such decision and the notice shall be given as prescribed in § 9-55-8 , showing the boundary amendments. However, no new or additional resolution of intent is required for a proposed change in the boundary of a district.

Source: SL 1986, ch 81, § 11; SL 1990, ch 68, § 5.
S.D. Codified Laws § 9-41-9 — SD Code / Title 9 / Chapter 41 / Section 9-41-9
Rates supervised by Public Utilities Commission--Sufficient for bond retirement and operation
Status: in_force

The rates to be charged by the municipality for the telephone service shall be subject to the supervision of the Public Utilities Commission and shall be sufficient to provide for the payment of interest upon all bonds and to create a debt service fund to pay the principal thereof as and when the same becomes due and to provide for the operation and maintenance and repairs thereof and depreciation and shall be revised from time to time with the consent of the Public Utilities Commission so as to produce these amounts.

Source: SL 1953, ch 275, § 4; SDC Supp 1960, § 45.24C04.
S.D. Codified Laws § 9-5-16 — SD Code / Title 9 / Chapter 5 / Section 9-5-16
School districts consolidated on annexation
Status: in_force

Upon consolidation of contiguous municipalities as herein provided, the school districts thereof shall ipso facto be consolidated, the school district of the annexed municipality becoming a part of the school district of the annexing municipality.

Source: SL 1951, ch 249, § 12; SDC Supp 1960, § 45.29A12.
S.D. Codified Laws § 9-12-6 — SD Code / Title 9 / Chapter 12 / Section 9-12-6
Designation of newspaper
Status: in_force

Each municipality shall designate at a meeting of its governing body an official newspaper or newspapers, for all legal and other official notices that must be published by law, for a period of time, not to be less than twelve months, specified by the governing body in a resolution.

The newspaper must be published in the municipality. If no newspaper is published in the municipality, the municipality shall comply with the requirements provided in § 17-2-11 .

Source: SL 1913, ch 119, § 34; RC 1919, § 6169 (83); SL 1921, ch 309; SDC 1939, § 45.0201 (22); SL 1964, ch 137; SL 1985, ch 57, § 1; SL 2013, ch 36, § 1; SL 2025, ch 39, § 1.
S.D. Codified Laws § 9-40-10 — SD Code / Title 9 / Chapter 40 / Section 9-40-10
Resolution or ordinance to refer to chapter--Purchase price for utility to be specified
Status: in_force

The resolution or ordinance shall provide that the proposed utility or the proposed extensions, additions, and improvements thereto, are to be acquired pursuant to the provisions of this chapter. It shall further describe or specify the agreed price for the purchase or acquisition of the utility, if the price has been agreed to between the owner or owners thereof and the governing body.

Source: SL 1931, ch 194, § 2; SDC 1939, § 45.2402; SL 1949, ch 191, § 2; SL 1984, ch 43, § 78.
S.D. Codified Laws § 9-17-1 — SD Code / Title 9 / Chapter 17 / Section 9-17-1
Formation of municipality organization authorized--Purposes
Status: in_force

The governing body of any municipality of this state is hereby authorized to join with the governing body of any other municipality or municipalities of this state in the formation of an organization of municipalities of this state for the purposes of securing concerted action among such municipalities in behalf of such matters, measures, and municipal affairs as such organization shall determine to be beneficial to, in the common interest of, and as concerns and pertains to said municipalities.

Source: SL 1955, ch 217, § 1; SDC Supp 1960, § 45.0201-1 (16).
S.D. Codified Laws § 9-13-14 — SD Code / Title 9 / Chapter 13 / Section 9-13-14
Special elections--Governed by general provisions--Notice
Status: in_force

Every special election authorized by law, except as provided in §§ 6-8B-4 and 9-13-14.2 , must be held upon the same notice and at the same polling places, and be conducted, returned, and canvassed, and the result declared, as provided herein for a regular municipal election.

The notice of the special election must state any question or questions to be voted upon.

Source: SL 1890, ch 37, art XIV, § 9; SL 1897, ch 61, § 1; RPolC 1903, §§ 1292, 1437; SL 1913, ch 119, § 111; RC 1919, § 6331; SDC 1939, § 45.1304; SL 1984, ch 43, § 67A; SL 2005, ch 48, § 4; SL 2026, ch 32, § 20.
S.D. Codified Laws § 9-19-1 — SD Code / Title 9 / Chapter 19 / Section 9-19-1
Definitions
Status: in_force

Terms in this title mean:

(1) "Ordinance," a permanent legislative act of the governing body of a municipality; and

(2) "Resolution," any determination, decision, directive, or other act of a special or temporary character, of the governing body of a municipality, for the purpose of initiating, effecting, or carrying out the body's administrative duties and functions under the laws and ordinances governing the municipality.

Source: SL 1913, ch 119, § 38; RC 1919, §§ 6242, 6250; SDC 1939, §§ 45.1001, 45.1008; SL 2026, ch 33, § 33.
S.D. Codified Laws § 9-9-7 — SD Code / Title 9 / Chapter 9 / Section 9-9-7
Mayor as president of board--Voting power
Status: in_force

The mayor shall be president of the board and shall have a vote upon all questions but shall not have the right of veto.

Source: SL 1913, ch 119, § 10; RC 1919, § 6219; SDC 1939, § 45.0801.
S.D. Codified Laws § 9-41A-39 — SD Code / Title 9 / Chapter 41A / Section 9-41A-39
Terms of bonds and notes
Status: in_force

Bonds or notes of a municipal power agency shall be authorized by resolution of its board of directors and may be issued under the resolution or under a trust indenture or other security agreement, in one or more series, and shall:

(1) Bear such date or dates;

(2) Mature at such time or times;

(3) Bear interest at such rate or rates;

(4) Be in such denominations;

(5) Be in such form, either coupon or registered;

(6) Carry such conversion, registration, and exchange privileges;

(7) Have such rank or priority;

(8) Be executed in such manner;

(9) Be payable in such medium of payment at such place or places within or outside the state;

(10) Be subject to such terms of redemption with or without premium; and

(11) Contain or be subject to such other terms

Source: SL 1978, ch 66, § 37.
S.D. Codified Laws § 9-43-100 — SD Code / Title 9 / Chapter 43 / Section 9-43-100
Continuing lien on property--Exceptions
Status: in_force

Any special assessment lawfully levied upon real property assessed pursuant to this chapter is a continuing lien on the property as against all persons except the United States and this state. The lien continues for fifteen years from the due date of the last installment.

Source: SL 2012, ch 57, § 28; SL 2014, ch 53, § 1.
S.D. Codified Laws § 9-36-7 — SD Code / Title 9 / Chapter 36 / Section 9-36-7
Hearing and final action by governing body on stream boundaries
Status: in_force

At the hearing the governing body shall consider any objections, and when it shall have concluded the hearing it may approve and establish by resolution the proposed boundary lines, or change them in such manner as it may deem proper and establish them as so changed and modified, or may reject the same and order a new plat prepared, in which case the proceeding shall be the same as hereinbefore required. If no objections are filed, the action of the governing body shall be final.

Source: SL 1931, ch 189, §§ 5, 6; SDC 1939, §§ 45.2004, 45.2005.
S.D. Codified Laws § 9-34-11 — SD Code / Title 9 / Chapter 34 / Section 9-34-11
Delivery vehicles and trucks
Status: in_force

Every municipality shall have power to provide for the licensing and numbering of motor drays, motor delivery wagons, motor tractors, and motor trucks.

Source: SL 1917, ch 311; RC 1919, § 6169 (54); SL 1929, ch 197; SDC 1939, § 45.0201 (67).
S.D. Codified Laws § 9-22-2 — SD Code / Title 9 / Chapter 22 / Section 9-22-2
Treasurer to receive moneys of municipality--Accounting
Status: in_force

The treasurer shall receive all moneys belonging to the municipality, including taxes, licenses, fines, and income from all other sources, and shall receive special assessments as provided in § 9-22-17 and keep accurate and detailed accounts thereof in such manner as the governing body may from time to time direct.

Source: SL 1890, ch 37, art VIII, § 2; RPolC 1903, § 1248; SL 1913, ch 119, § 69; RC 1919, § 6289; SDC 1939, § 45.1121.
S.D. Codified Laws § 9-23-1 — SD Code / Title 9 / Chapter 23 / Section 9-23-1
Itemized invoice and verified voucher required for claim--Prepayment of claims
Status: in_force

Before any claim against any municipality for any property or services for which it is liable is allowed, an itemized invoice accompanied by a voucher verified by the appropriate municipal official that the services, other than those provided by municipal employees, or materials have been received. The invoice and voucher required by this section shall be filed in the office of the municipal finance officer. However, the governing body of any municipality may authorize the prepayment of claims against the municipality for services before they have been provided if the municipality has adopted an ordinance in advance that specifies the maximum amount allowable for any such prepayment and if a service contract exists.

Source: SL 1909, ch 128, § 1; RC 1919, § 6337; SDC 1939, § 45.1407; SL 1983, ch 122, § 3; SL 2013, ch 38, § 1.
S.D. Codified Laws § 9-41A-51 — SD Code / Title 9 / Chapter 41A / Section 9-41A-51
Condemnation under power of eminent domain--Continuing power
Status: in_force

Except as otherwise provided by § 9-41A-52 , a municipal power agency may acquire all real or personal property that it deems necessary for carrying out the purposes of this chapter, whether in fee simple absolute or a lesser interest, by condemnation and the exercise of the power of eminent domain in accordance with chapter 21-35 . The authority of a municipal power agency to acquire real or personal property by condemnation or the exercise of the power of eminent domain shall be a continuing power, and no exercise thereof shall exhaust it.

Source: SL 1978, ch 66, § 46.
S.D. Codified Laws § 9-38-2 — SD Code / Title 9 / Chapter 38 / Section 9-38-2
Municipal power to preserve trees and inclose public ground
Status: in_force

Every municipality shall have power to plant and provide for the care and preservation of trees upon public grounds and along the streets and to inclose any public ground.

Source: PolC 1877, ch 24, § 22, subdiv 15; CL 1887, § 1043, subdiv 15; SL 1890, ch 37, art V, § 1, subdiv 8 to 10, 44; RPolC 1903, § 1229, subdiv 8 to 10; RPolC 1903, § 1438, subdiv 15; SL 1913, ch 119, § 53, subdiv 8 to 10, 44; RC 1919, § 6169 (11); SDC 1939, § 45.0201 (99).
S.D. Codified Laws § 9-9-16 — SD Code / Title 9 / Chapter 9 / Section 9-9-16
Board--Meetings open to public--Voting--Minutes
Status: in_force

Each meeting of the board of commissioners is open to the public. All votes must be taken orally or by roll call. No votes may be taken by secret ballot. If any member of the board requests a roll call vote, a roll call vote must be taken. All votes must be entered in the minutes of the council's proceedings.

A two-thirds vote of the board is required to sell any municipal real property.

Source: SL 1913, ch 119, § 33; RC 1919, § 6228; SDC 1939, § 45.0809; SL 1992, ch 60, § 2; SL 2018, ch 49, § 15; SL 2025, ch 38, § 34.
S.D. Codified Laws § 9-21A-2 — SD Code / Title 9 / Chapter 21A / Section 9-21A-2
Definition of terms
Status: in_force

Terms as used in this chapter mean:

(1) "Municipality," all municipalities as defined by § 9-2-1 ;

(2) "Rural property," all platted or unplatted property not developed for commercial, industrial, or urban residential purposes within the corporate limits of municipalities and placed by the governing body thereof within the rural service district as provided by this chapter;

(3) "Urban property," all platted property developed for commercial, industrial, or urban residential purposes within the corporate limits of municipalities and placed by the governing body thereof within the urban service district as provided by this chapter.

Source: SL 1972, ch 68, § 2; SL 1974, ch 73, § 2; SL 1994, ch 68, § 2.
S.D. Codified Laws § 9-9-8 — SD Code / Title 9 / Chapter 9 / Section 9-9-8
Mayor--Temporary absence or incapacity--Mayor pro tempore--Office vacated--Acting mayor
Status: in_force

If the mayor is unable to perform the duties of office because of a temporary absence or temporary incapacitation, the board must, by a majority vote of all the commissioners, appoint one of its members to act as mayor until the temporary absence or temporary incapacitation ends.

The appointed commissioner's official designation is mayor pro tempore. The mayor pro tempore is invested with all the powers and shall perform all the duties of the mayor during the mayor's temporary absence or temporary incapacitation. The temporary absence or temporary incapacitation of the mayor is not a vacancy in the office of the mayor.

If the office of the mayor is vacated, the board of commissioners must, by a majority vote of all commissioners, appoint one of its commissioners as acting mayor. The acting mayor is invested with all the powers and shall perform all the duties of the mayor, until the vacancy is filled by election for the unexpired term at the next regular election or by special election as provided in § 9-13-14.2 . A special election may not be held if the vacancy in the office of the mayor occurs within the twelve months preceding the regular election for the office of the mayor.

A commissioner serving as acting mayor or mayor pro tempore has only one vote as a commissioner and is not entitled to vote as acting mayor.

Source: SL 1913, ch 119, § 21; RC 1919, § 6227; SDC 1939, § 45.0808; SL 1968, ch 182, § 1; SL 2018, ch 49, § 6; SL 2025, ch 38, § 31; SL 2026, ch 32, § 12.
S.D. Codified Laws § 9-48-5 — SD Code / Title 9 / Chapter 48 / Section 9-48-5
Acquisition of sewer mains in newly annexed area
Status: in_force

Every municipality shall have power, within the discretion of the governing board of the municipality, to purchase, lease with purchase option, lease or otherwise acquire from the owners thereof, or condemn under provision of subdivision 9-12-1(2), any sewer main or mains laid in, on or under any street or alley or otherwise located in any municipality, district or subdivision outside the corporate limits of the municipality and which subdivision or district shall have been, by annexation proceedings or otherwise, annexed to the municipality.

Source: SDC 1939, § 45.0201 (108) as added by SL 1951, ch 239; SL 1974, ch 83; SL 1982, ch 83, § 2; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-34-19 — SD Code / Title 9 / Chapter 34 / Section 9-34-19
Exemption of documentary material and data involving trade secrets, etc. from disclosure--Consideration in executive session
Status: in_force

Any documentary material or data compiled or received by a municipal corporation, county, or an economic development corporation receiving municipal or county funds, for the purpose of furnishing assistance to a business, to the extent that such material or data consists of trade secrets or commercial or financial information regarding the operation of such business, is not a public record. Any discussion or consideration of such trade secrets or commercial or financial information by a municipal corporation or county may be done in executive session closed to the public.

Source: SL 1998, ch 48, § 1; SL 2004, ch 77, § 1.
S.D. Codified Laws § 9-38-106 — SD Code / Title 9 / Chapter 38 / Section 9-38-106
Special assessments for street and sewer improvements benefitting playground areas paid from recreational funds
Status: in_force

Whenever any street not under the control of the recreation board upon which any property for public recreation, playgrounds, or children's parks under the control of such recreation board fronts or abuts shall be improved or repaired, or when any drain or sewer shall be built in the sewer district in which any property for public recreation, playgrounds, or children's parks under the control of such recreation board is situated, and special assessments have been issued against such property for public recreation, playgrounds, or children's parks or against the first or second class municipality on account of the benefit deemed to have accrued to such property for public recreation, playgrounds, or children's parks or to the municipality on account of such property for public recreation, playgrounds, or children's parks by virtue of such improvement, the recreation board shall pay such special assessments or any judgments obtained against the municipality on account thereof, out of the funds under the control of such recreation board not otherwise appropriated.

Source: SL 1949, ch 202, § 19; SDC Supp 1960, § 45.3219; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-14-42 — SD Code / Title 9 / Chapter 14 / Section 9-14-42
Prospective municipal employees--Criminal background check
Status: in_force

A municipality may require each individual seeking employment with a municipality to submit to a state and federal criminal background investigation by means of fingerprint checks by the South Dakota Division of Criminal Investigation and the Federal Bureau of Investigation. The municipality may submit completed fingerprint cards to the Division of Criminal Investigation before the prospective new employee enters into service. Upon completion of the state and federal criminal background check, the Division of Criminal Investigation shall forward to the municipality all information obtained as a result of the check. Failure to submit to or cooperate with the criminal background investigation is grounds for denial of employment.

Source: SL 2009, ch 36, § 1; SL 2026, ch 33, § 29.
S.D. Codified Laws § 9-51-23 — SD Code / Title 9 / Chapter 51 / Section 9-51-23
Net revenues pledged to payment of special obligation bonds--Additional covenants authorized
Status: in_force

Bonds authorized and issued under §§ 9-51-22 to 9-51-28 , inclusive, may be made payable as to both principal and interest out of the net revenues or moneys levied and appropriated as set forth in § 9-51-14 , provided that in the ordinance authorizing such bonds the governing body may on behalf of the municipality make any or all of the irrevocable covenants in §§ 9-51-24 to 9-51-28 , inclusive, with and for the benefit of the holders from time to time of said bonds.

Source: SL 1955, ch 216, § 6; SDC Supp 1960, § 45.02A06.
S.D. Codified Laws § 9-12-2 — SD Code / Title 9 / Chapter 12 / Section 9-12-2
Fiscal powers of municipalities
Status: in_force

Every municipality may:

(1) Control its finances and property;

(2) Levy and collect taxes for general and special purposes on real property within the limits allowed by law;

(3) Appropriate money for authorized purposes and provide for the payment of the debts and expenses of the municipality.

Source: Subd. (1): SL 1890, ch 37, art V, § 1; RPolC 1903, § 1229, subdiv 1; SL 1913, ch 119, § 53, subdiv 1; RC 1919, § 6169 (1); SDC 1939, § 45.0201 (1); SL 1992, ch 80, § 3. Subd. (2): SL 1890, ch 37, art V, § 3; RPolC 1903, § 1229, subdiv 3; RPolC 1903, § 1438, subdiv 16; SL 1913, ch 119, § 53, subdiv 3; RC 1919, § 6169 (2); SDC 1939, § 45.0201 (2); SL 1992, ch 80, § 3. Subd. (3): SL 1890, ch 37, art V, § 2; RPolC 1903, § 1229, subdiv 2; SL 1913, ch 119, § 53, subdiv 2; SL 1915, ch 118; RC 1919, § 6169 (4); SDC 1939, § 45.0201 (3); SL 1992, ch 80, § 3.
S.D. Codified Laws § 9-17-2 — SD Code / Title 9 / Chapter 17 / Section 9-17-2
Meetings of municipality organization--Maintenance of office--Employment of officials
Status: in_force

Such municipal organization shall have the power and authority to hold annual and special meetings at such times and places as it may determine for the discussions and consideration of such measures and matters as affect the welfare of the municipality members thereof; to maintain an office or offices for the conduct of the business of such organization and to employ and compensate such officials as it shall deem necessary in the support of such organization and the interest and welfare of its municipality members.

Source: SL 1955, ch 217, § 2; SDC Supp 1960, § 45.0201-1 (16).
S.D. Codified Laws § 9-43-99 — SD Code / Title 9 / Chapter 43 / Section 9-43-99
Notice of assessment mailed to owners
Status: in_force

The municipal finance officer shall immediately mail to the owners of each lot, parcel, or piece of land as shown by the special assessment roll, a notice specifying the amount of the assessment, the number of installments, the date of the approval of the assessment roll, and a statement that any number of the installments may be paid without interest at the office of the finance officer within thirty days from the date of approval of the roll, after which the unpaid balance will draw interest at the rate fixed by the governing body from the date of the approval of the assessment roll.

Source: SL 2012, ch 57, § 27.
S.D. Codified Laws § 9-51-35 — SD Code / Title 9 / Chapter 51 / Section 9-51-35
Parking district law--Definition of terms
Status: in_force

Terms as used in §§ 9-51-35 to 9-51-49 , inclusive, unless the context otherwise plainly requires, shall mean:

(1) "Public parking facility" shall mean real estate acquired by gift, purchase, by contract for deed or otherwise, lease, or for the purpose of providing space for parking vehicles, and all improvements thereon including the surfacing of such lots and shall further include the erection or improvement of parking ramps, structures, buildings or other off-street parking areas thereon, including areas above, at, or below street level for the parking of vehicles;

(2) "Privately owned property" shall mean all real property, except that property upon which is situated a one-family or two-family dwelling and which is used only for residential purposes which residential property shall be exempt from assessment;

(3) "Governing body" shall mean the governing body of a municipal corporation;

(4) "Public parking facility fund" shall mean a fund established for the placing of all receipts from all assessments and revenues and disbursements therefrom under the provisions of §§ 9-51-35 to 9-51-49 , inclusive.

Source: SL 1967, ch 231, § 2.
S.D. Codified Laws § 9-9-14.1 — SD Code / Title 9 / Chapter 9 / Section 9-9-14.1
Board--Judge of commissioners--Rules of procedure--Expulsion--Attendance requirements
Status: in_force

The board of commissioners is the judge of the election and qualification of its members. The board may, by ordinance, determine its rules of procedure and code of conduct, punish its members for disorderly conduct while performing the duties of office, and, with the concurrence of two-thirds of the members, expel a member.

The board may, by ordinance, establish requirements for attendance at regular meetings and provide for the expulsion of a member in violation of the attendance requirements.

Source: SL 2018, ch 49, § 13; SL 2025, ch 38, § 33.
S.D. Codified Laws § 9-26-25 — SD Code / Title 9 / Chapter 26 / Section 9-26-25
Tax levy for retirement of general obligation bonds
Status: in_force

Whenever any general obligation bonds are issued by a municipality, it shall be the duty of the governing body by ordinance to levy an annual tax upon the taxable property within the municipality of such an amount as will pay the annual interest thereon and the principal of said bonds at the time they become due.

Source: SD Const, art 13, § 5; RC 1919, § 6998; SL 1919, ch 270; SL 1931, ch 188; SDC 1939, § 45.2303; SL 1949, ch 190, § 3.
S.D. Codified Laws § 9-16-28 — SD Code / Title 9 / Chapter 16 / Section 9-16-28
City treasurer as custodian of fund--Liability of surety on bond
Status: in_force

The treasurer of each municipality shall be the custodian of the investments and other moneys in its pension fund, which shall be kept apart from other funds in his custody. The surety on the official bond of the treasurer shall be liable for the safekeeping and due accounting of the moneys, securities, and other property belonging to the pension fund.

The previous requirements of this section shall not apply when such assets are placed with a funding agent or an investment counsel as provided for in this section. The retirement board of a pension fund may select a funding agent or investment counsel to administer and invest the funds of the system. The selection and the appointment of the funding agent or the investment counsel shall be made by the retirement board which shall have the right from time to time to change the funding agent or the investment counsel as to all or any part of the funds. The board shall have the right to determine the form and substance of each agreement under which the funds are to be held, provided that it shall not be inconsistent with the provisions of this section. The term "funding agent" means a corporate or individual trustee or trustees, insurance company or insurance companies authorized to do business in the State of South Dakota, or combination thereof, appointed and acting from time to time pursuant to the provisions of this section in holding, investing and disbursing the funds of the pension fund. The term "investment counsel" means a corporation or individual authorized to do business under the Federal Investment Advisers Act of 1940 and authorized to do business in the State of South Dakota, appointed and acting from time to time pursuant to the provisions of this section in investing the funds of the pension fund.

The retirement board may contract for investment counsel and advice when it deems necessary.

Source: SL 1927, ch 172, § 3; SDC 1939, § 45.1207; SL 1955, ch 202, § 2; SDC Supp 1960, § 45.1207 (3); SL 1970, ch 60; SL 1977, ch 71.
S.D. Codified Laws § 9-43-96 — SD Code / Title 9 / Chapter 43 / Section 9-43-96
Appeal of decision--Time for appeal--Notice of appeal
Status: in_force

The decision of a municipal governing body upon a special assessment roll may be appealed to circuit court. The appeal shall be made within twenty days after publication of a notice that the resolution confirming the special assessment roll has been adopted by filing written notice of the appeal with the municipal finance officer and the clerk of the circuit court in the county in which the real property is situated. The notice of appeal shall describe the property and set forth the objections of the appellant to the special assessment.

Source: SL 2012, ch 57, § 24.
S.D. Codified Laws § 9-6-9 — SD Code / Title 9 / Chapter 6 / Section 9-6-9
Petition for dissolution--Limited jurisdiction after dissolution--Winding up affairs
Status: in_force

After the entry of the judgment of dissolution, the territory formerly comprising the dissolved municipality must revert to the jurisdiction of the local subdivision or organization of which it would have been a part had it never existed.

The municipal governing body and other officers shall remain in office and possess, under the direction of the circuit court, all powers necessary for the winding up of the corporate affairs of the municipality, including the power to levy and collect taxes to pay any indebtedness, and to make all orders necessary for the disposal of municipal property and for the proper distribution of the proceeds. The governing body and other officers shall remain in office for purposes of winding up the corporate affairs of the municipality only for the period of six months after the entry of the judgment of dissolution, unless the court entering the judgment orders an extension for the purpose of permitting the affairs of the municipality to be fully closed.

Source: SL 1903, ch 91, § 5; RC 1919, § 6570; SDC 1939, § 45.3006; SL 2025, ch 38, § 9.
S.D. Codified Laws § 9-22-14 — SD Code / Title 9 / Chapter 22 / Section 9-22-14
Tax levy to retire bonds held by debt service fund
Status: in_force

If a municipal debt service fund is invested in other bonds of such municipality, there shall be a levy of a tax upon the taxable property of such municipality of sufficient amount to pay the interest and also the principal thereof when due, and such tax when collected shall be returned to the respective fund for that purpose.

Source: SL 1915, ch 277; RC 1919, § 6999; SL 1923, ch 264; SL 1927, ch 189; SL 1933, ch 164; SDC 1939, § 45.2310; SL 1941, ch 200; SL 1949, ch 190, § 5.
S.D. Codified Laws § 9-29-24 — SD Code / Title 9 / Chapter 29 / Section 9-29-24
Municipal jail--Use of county jail
Status: in_force

Every municipality shall have power to establish, maintain, and regulate a jail or, with the consent of the board of county commissioners, to use the county jail for the confinement of persons charged with or convicted of the violation of any ordinance.

Source: SL 1903, ch 94; SL 1913, ch 119, § 53, subdiv 56; RC 1919, § 6169 (33), (34); SDC 1939, § 45.0201 (16).
S.D. Codified Laws § 9-41-11 — SD Code / Title 9 / Chapter 41 / Section 9-41-11
Severability of chapter and resolutions
Status: in_force

If any provision of this chapter, or of any resolution or resolutions authorizing the issuance of bonds pursuant to this chapter, or the application thereof to any person or circumstances, shall be held invalid in any legal proceedings, such invalidity shall not affect other provisions or applications of this chapter or of such resolutions which can be given effect without the invalid provision or application, and shall not affect the validity of such bonds as special and limited obligations of the municipality issuing the same, and to this end all such resolutions shall be subject to all of the provisions and limitations of this chapter, and the provisions and applications of this chapter are declared to be severable.

Source: SL 1953, ch 275, § 8; SDC Supp 1960, § 45.24C08.
S.D. Codified Laws § 9-38-26 — SD Code / Title 9 / Chapter 38 / Section 9-38-26
Qualifications and appointment of park superintendent--Duties and salary--Employment of other officers and employees
Status: in_force

With the approval of the governing body the park board may appoint a park superintendent who shall be the chief executive officer under the board and who may or may not be a landscape architect. He shall hold office at the pleasure of the board and receive such salary as the board may determine with the approval of the governing body and shall on its behalf have charge, supervision and direction of all work and of all officers and employees under the board.

With the approval of the governing body, the board may also appoint and employ other officers and employees and shall prescribe and fix their duties and compensation.

Source: SL 1915, ch 260, § 6; RC 1919, § 6449; SL 1925, ch 237, § 3; SDC 1939, § 45.2512; SL 1984, ch 59, § 1.
S.D. Codified Laws § 9-44-5 — SD Code / Title 9 / Chapter 44 / Section 9-44-5
Covenants with bondholders authorized
Status: in_force

In and by the resolution authorizing municipal improvement bonds, the governing body may on behalf of the municipality make any or all of the covenants described in §§ 9-44-6 to 9-44-8 , inclusive, with and for the benefit of the holders from time to time of said bonds.

Source: SL 1947, ch 219, § 4; SDC Supp 1960, § 45.21A04.
S.D. Codified Laws § 9-12-15 — SD Code / Title 9 / Chapter 12 / Section 9-12-15
Power to maintain library
Status: in_force

Every municipality shall have power to establish and maintain a municipal library, in the manner and subject to the conditions provided in chapter 14-2 .

Source: SDC 1939, § 45.0201 (104); SL 1976, ch 143, § 26.
S.D. Codified Laws § 9-11-9 — SD Code / Title 9 / Chapter 11 / Section 9-11-9
First election after change in form
Status: in_force

If the question of whether to change the form of government or number of commissioners, wards, or trustees is approved in an election pursuant to § 9-11-6 , at the next regular municipal election or at a special election called by the governing board and held pursuant to § 9-13-14 , elected officials must be chosen under the changed form of government.

If the question is approved by the voters of the municipality at a regular municipal election, the governing body of the municipality must hold a special election that meets the requirements of § 9-13-14 , within ninety days of the canvass of the election at which the question of the change was decided, for the purpose of choosing elected officials under the changed form of government.

Source: SDC 1939, § 45.0504; SL 2000, ch 34, § 5; SL 2025, ch 38, § 57; SL 2026, ch 32, § 17.
S.D. Codified Laws § 9-41-1.1 — SD Code / Title 9 / Chapter 41 / Section 9-41-1.1
Purchase of equipment for resale
Status: in_force

Notwithstanding the provisions of chapter 5-18A or any of the provisions of Title 9 regarding the sale and purchase of property, a municipality operating a telephone system pursuant to § 9-41-1 may lease and purchase equipment for resale to its customers and may contract for services relating to the lease, purchase, sale, installation, and maintenance of such property, in a manner and for a price and terms determined by the governing body. If practicable the governing body shall secure at least two competitive quotations and retain them for its files.

Source: SL 1982, ch 80; SL 2011, ch 2, § 116.
S.D. Codified Laws § 9-5-6 — SD Code / Title 9 / Chapter 5 / Section 9-5-6
Form of ballot on question of annexation
Status: in_force

The proposition for consolidation of such contiguous municipalities shall be submitted to the voters thereof on a separate ballot and shall be so stated so as to enable each voter to vote for or against the proposed consolidation by making a cross (  ) or check mark (  ) in a square or circle preceding the phrase "For the annexation of (naming the municipality) to (naming the municipality)" or "Against the annexation of (naming the municipality) to (naming the municipality)."

Source: SL 1951, ch 249, § 3; SDC Supp 1960, § 45.29A03.
S.D. Codified Laws § 9-38-31 — SD Code / Title 9 / Chapter 38 / Section 9-38-31
Acquisition of property for parks and boulevards--Sources of payment
Status: in_force

Upon recommendation of the board the governing body may provide by ordinance for the purchase, condemnation, or otherwise obtaining of land within or without the city limits for public parks, parkways, and boulevards, and establish the same.

Payment for any such land so selected and acquired may be made by cash, by purchase by installment payments with or without a mortgage, by entering into lease - purchase agreements, or by lease with option to purchase, out of the general fund, park fund, or by the issue and sale of bonds of the first or second class municipality after authorization as and in the manner provided by this title. No mortgage given hereunder shall provide as security property other than the specific land acquired pursuant to the provisions hereof.

Source: SL 1915, ch 260, § 13; RC 1919, § 6456; SL 1921, ch 303; SDC 1939, § 45.2519; SL 1969, ch 182; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-20-11 — SD Code / Title 9 / Chapter 20 / Section 9-20-11
Date of referendum election--No action pending election
Status: in_force

Within ten days of the presentation of a petition pursuant to § 9-20-6 , the governing body shall submit the question to the electors at a special election to be held on a Tuesday no sooner than sixty nor later than ninety days from the date of the order of the governing body. If the petition is presented before the next regular municipal election or the next general election and within sufficient time to comply with the provisions of § 9-13-14 , the question may be submitted at that election.

Pending the election, the governing body may not take any action with respect to the subject matter of the petition that would alter or preempt the effect of the proposed petition.

Source: SL 1899, ch 94, § 2; RPolC 1903, § 1215; SL 1913, ch 119, § 39; RC 1919, § 6254; SDC 1939, § 45.1011; SL 1947, ch 198; SL 1977, ch 68, § 8; SL 1980, ch 67, § 2; SL 1983, ch 53, § 6; SL 1995, ch 47, § 1; SL 2026, ch 32, § 27.
S.D. Codified Laws § 9-9-22 — SD Code / Title 9 / Chapter 9 / Section 9-9-22
Commissioner of public works in five-commissioner municipality
Status: in_force

If a municipality is governed by a board consisting of five commissioners, the commissioner of public works shall supervise the streets, alleys, public grounds, and municipal improvements, and all public property, except as otherwise specially provided. The commissioner shall maintain the property in a clean and sanitary condition and enforce all contracts, rules, and regulations necessary.

Source: SDC 1939, § 45.0806 (3); SL 1991, ch 69, § 3; SL 2000, ch 35, § 2; SL 2018, ch 49, § 21.
S.D. Codified Laws § 9-35-22 — SD Code / Title 9 / Chapter 35 / Section 9-35-22
Occupational tax against CATV system
Status: in_force

Municipalities may, by appropriate ordinance, levy an annual occupational tax against any person now maintaining and operating any CATV system within its boundaries; and may levy an annual occupation tax against any person hereafter constructing, installing, operating, or maintaining a CATV system.

Source: SL 1972, ch 52, § 5.
S.D. Codified Laws § 9-23-10 — SD Code / Title 9 / Chapter 23 / Section 9-23-10
Endorsement of warrants not paid for want of funds--Registration not required
Status: in_force

Upon each warrant registered pursuant to § 9-23-9 , the treasurer shall endorse the registry number, date of registration, and the words "not paid for want of funds," and sign such endorsement.

The holder of any warrant need not register the same.

Source: SL 1874-5, ch 74, § 3; PolC 1877, ch 50, § 3; CL 1887, § 1673; SL 1893, ch 57, § 1; RPolC 1903, § 2253; RC 1919, § 6975; SDC 1939, § 45.1421.
S.D. Codified Laws § 9-38-25 — SD Code / Title 9 / Chapter 38 / Section 9-38-25
Placement under park board of trees, vegetation, sidewalks, and crossings along parks and thoroughfares
Status: in_force

The governing body may place under the control and management of the board the planting, maintenance, trimming, and removal of trees, shrubs, and plants in any and all public grounds, thoroughfares, or lands appurtenant thereto throughout the limits of the first or second class municipality, the cutting of weeds and grass upon all public grounds and thoroughfares and lands adjacent or appertaining thereto, and the location of all sidewalks or crossings upon or adjacent to such public grounds or thoroughfares.

Source: SL 1915, ch 260, § 11; RC 1919, § 6454; SL 1925, ch 237, § 5; SDC 1939, § 45.2511; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-16-20 — SD Code / Title 9 / Chapter 16 / Section 9-16-20
First and second class municipalities authorized to pension firemen
Status: in_force

In addition to other powers granted, every municipality of the first class shall have power to establish a firemen's relief and pension fund and to pension firemen as provided in this chapter.

Source: SL 1927, ch 172, § 2; SL 1929, ch 189; SDC 1939, § 45.0204; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-32-21 — SD Code / Title 9 / Chapter 32 / Section 9-32-21
Repossession of unused and uncared for lots and mausoleums
Status: in_force

The provisions of § 47-29-9 relating to resales and transfers of unused and uncared for lots and mausoleums shall be equally applicable to cemeteries and mausoleums of a municipality and the provisions of this section shall be retroactive for any municipality who may have repossessed lots, burial spaces, or mausoleums under the provisions of § 47-29-9 or 47-29-10 .

Source: SL 1971, ch 71, § 5; SL 1984, ch 302, § 2.
S.D. Codified Laws § 9-26-13 — SD Code / Title 9 / Chapter 26 / Section 9-26-13
Courthouse bonds authorized--Use of proceeds of sale--Contract with county for municipal use of courthouse
Status: in_force

If a county seat has been located at any municipality and the county has no courthouse, the municipality may borrow money on its credit to assist the county in building a courthouse and to issue bonds therefor. All bonds shall be authorized, issued, and sold as provided in chapter 6-8B .

The bonds or proceeds thereof shall be used in constructing or aiding in the construction of a courthouse in the municipality on land owned by the county in which the same is located, and in consideration of the aid the municipality may contract with the county to use the courthouse for municipal purposes.

Source: SL 1893, ch 33, §§ 1 to 3; RPolC 1903, §§ 1394 to 1396; RC 1919, §§ 6427 to 6429; SDC 1939, § 45.2321; SL 1984, ch 43, § 69.
S.D. Codified Laws § 9-43-106 — SD Code / Title 9 / Chapter 43 / Section 9-43-106
Delivery of assessment roll to county auditor under Plan Two--Notice of payment of delinquent installment
Status: in_force

Under Plan Two, the finance officer shall deliver no later than November first to the county auditor of the county in which the property assessed is located, all special assessments remaining unpaid that have become delinquent on or before October first. The finance officer shall certify to the county auditor the original amount of the assessment or installment, the amount of accrued interest of the assessment, the name of the property owner as provided by the director of equalization, the character of the improvement for which the assessment was made, and the legal description of the property. The county auditor shall include the delinquent installment and accrued interest in the following year at the time the real property tax is paid and shall certify the installment and interest, together with the general taxes, to the county treasurer for collection pursuant to the provisions of chapter 10-17 .

After delivery of the assessment roll to the county auditor, the finance officer shall promptly notify the county auditor of all delinquent installments of assessments paid to the finance officer prior to January first, and the auditor shall cancel the delinquent installment.

Source: SL 2012, ch 57, § 34; SL 2015, ch 60, § 1.
S.D. Codified Laws § 9-39-34 — SD Code / Title 9 / Chapter 39 / Section 9-39-34
Control by governing body after utility board abolished or authority terminated
Status: in_force

When at such election on the questions specified in § 9-39-32 the majority vote is in the affirmative, from the time of the next regular meeting of the governing body thereafter, the utility or utilities affected shall be subject to the authority and control of the governing body of the municipality in the same manner as if they had never been under the authority of such municipal utility board.

Source: SL 1955, ch 221, § 8; SDC Supp 1960, § 45.3908.
S.D. Codified Laws § 9-29-15 — SD Code / Title 9 / Chapter 29 / Section 9-29-15
Interference with radio reception
Status: in_force

Every municipality shall have power to regulate the installation and operation of motors and other electrical or mechanical devices so as to prevent interference with radio reception.

Source: SL 1929, ch 196; SDC 1939, § 45.0201 (50).
S.D. Codified Laws § 9-1-1 — SD Code / Title 9 / Chapter 1 / Section 9-1-1
Definitions
Status: in_force

Terms used in this title, unless the context otherwise plainly requires, mean:

(1) "County," the county or counties where a municipality is located;

(2) "Governing body," the board of trustees, the board of commissioners, or the common council of a municipality;

(3) "Lot" includes parcel or tract of land;

(4) "Municipal corporation" or "municipality," any city or town that is organized pursuant to this title;

(5) "Owner," the grantee in the last deed of conveyance of any lot or parcel of land recorded in the office of the register of deeds of the county or counties in which the municipality is located, or the heirs or successors to the grantee;

(6) "Publish," publication in an official newspaper of the municipality as designated by the governing body pursuant to § 9-12-6 ; and

(7) "Regular election," the municipal election held pursuant to § 9-13-1 or 9-13-1.3 .

Source: SL 1891, ch 87, § 1; RPolC 1903, § 1567; SL 1909, ch 110, § 19; RC 1919, §§ 6154, 6186, 6358, 6579; SDC 1939, § 45.0101; SL 1949, ch 178; SL 1961, ch 242; SL 1978, ch 60, § 9; SL 2024, ch 28, § 8; SL 2026, ch 32, § 1.
S.D. Codified Laws § 9-13-11 — SD Code / Title 9 / Chapter 13 / Section 9-13-11
Residence mailing address and date added to signature--Form and verification of petition
Status: in_force

Each voter signing a nominating petition or the person circulating such petition shall add to the voter's signature the voter's residence mailing address and the date of signing. The petition may be composed of several sheets, which shall have identical headings and shall be verified under oath by the persons circulating it, attesting the legality of the signatures thereon.

Source: SL 1913, ch 119, § 106; SL 1915, ch 115, § 4; RC 1919, § 6322; SDC 1939, § 45.1311; SL 1973, ch 50; SL 1978, ch 60, § 4; SL 1980, ch 64, § 2; SL 1985, ch 58, § 2; SL 1990, ch 104, § 3.
S.D. Codified Laws § 9-19-5 — SD Code / Title 9 / Chapter 19 / Section 9-19-5
Single subject--Title of ordinance
Status: in_force

An ordinance may only contain one subject, which must be expressed in the title.

Source: RC 1919, § 6242; SDC 1939, § 45.1001; SL 2026, ch 33, § 36.
S.D. Codified Laws § 9-29-20 — SD Code / Title 9 / Chapter 29 / Section 9-29-20
Powers of sheriff or constable within municipality
Status: in_force

The sheriff or any constable of the county or counties in which the municipality is situated may serve any process or make any arrest authorized to be made by any municipal officer.

Source: SL 1890, ch 37, art V, § 6; RPolC 1903, § 1233; SL 1913, ch 119, § 57; RC 1919, § 6313; SDC 1939, § 45.1140.
S.D. Codified Laws § 9-12-14.1 — SD Code / Title 9 / Chapter 12 / Section 9-12-14.1
Municipality authorized to provide funds for air carrier air service
Status: in_force

A municipality may pay compensation to a regularly scheduled commercial air carrier to provide basic or enhanced air service.

Source: SL 1988, ch 376, § 3; SL 1990, ch 377, § 2; SL 2025, ch 38, § 64.
S.D. Codified Laws § 9-5-19 — SD Code / Title 9 / Chapter 5 / Section 9-5-19
Bonded indebtedness of annexed school district--Tax levy
Status: in_force

Except as otherwise provided in the plan for consolidation, the existing bonded indebtedness of the school district annexed shall be paid by such school district and the board of the school district as it exists after annexation is authorized, and it is made its duty, to provide for the payment of such existing bonded indebtedness by the levy of taxes upon the property subject to taxation within the limits of such school district so annexed and to continue such tax from year to year so long as the same shall be necessary.

Source: SL 1951, ch 249, § 12; SDC Supp 1960, § 45.29A12.
S.D. Codified Laws § 9-13-14.1 — SD Code / Title 9 / Chapter 13 / Section 9-13-14.1
Filling of vacancy--Governing body--Appointment or special election
Status: in_force

Except as otherwise provided in this section, if a vacancy exists on a municipal governing body, the remaining members must appoint a replacement to serve until the next regular municipal election. The governing body may call a special election to fill the vacancy for the remainder of the unexpired term, as provided in § 9-13-14.2 .

In the aldermanic form of municipal government, the replacement must be an individual from the same ward of the municipality.

Source: PolC 1877, ch 24, § 18; CL 1887, § 1039; SL 1890, ch 37, art IV, §§ 6, 7; RPolC 1903, §§ 1203, 1204, 1434; RC 1919, §§ 6198, 6210; SL 1931, ch 200, § 2; SDC 1939, §§ 45.0603, 45.0704; SDCL §§ 9-7-4, 9-8-6; SL 1979, ch 50, § 2; SL 1992, ch 60, § 2; SL 2005, ch 48, § 5; SL 2006, ch 28, § 1; SL 2010, ch 74, § 5; SL 2025, ch 40, § 8, eff. Jan. 1, 2026; SL 2026, ch 32, § 21.
S.D. Codified Laws § 9-35-26 — SD Code / Title 9 / Chapter 35 / Section 9-35-26
Authority of franchising authority to require franchise of cable operator--Ordinance
Status: in_force

A franchising authority may require a franchise of any cable operator for the operation of a cable system within its jurisdiction. The exercise of such authority shall be pursuant to an ordinance detailing the basic requirements for a franchise and the terms and conditions for any other contractual arrangement thereafter deemed appropriate and consistent with §§ 9-35-25 to 9-35-27 , inclusive, and federal law.

Source: SL 2005, ch 53, § 2.
S.D. Codified Laws § 9-16-46.1 — SD Code / Title 9 / Chapter 16 / Section 9-16-46.1
Postretirement redetermination of pensions--Restrictions
Status: in_force

Any pension plan for city employees and officers or firemen, adopted under the provisions of this chapter, may provide for annual or less frequent postretirement redetermination of pensions. The application of any provision redetermining pension amounts may be restricted to pensions having an effective date of payment either prior to or subsequent to a specified date. Any postretirement redetermination of one or more pensions within a system shall be prefunded and may not bring the system into noncompliance with the provisions of subdivision 9-16-5.1 (3).

Source: SL 1970, ch 58; SL 1984, ch 56, § 50.
S.D. Codified Laws § 9-19-17 — SD Code / Title 9 / Chapter 19 / Section 9-19-17
Ordinance of revision--Notice of adoption--Effective date
Status: in_force

Upon the adoption of an ordinance revising the ordinances of a municipality by the governing body, the municipal finance officer must publish a notice of the adoption of the revised ordinances once in the official newspaper. Twenty days after the completed publication of the notice, unless referendum is invoked, the ordinance becomes effective without publication of the revised ordinance book in a newspaper.

Source: SL 1913, ch 119, § 37; RC 1919, § 6249; SL 1925, ch 247; SDC 1939, § 45.1007; SL 1982, ch 60, § 4; SL 1984, ch 57, § 2; SL 1991, ch 24, § 4; SL 2026, ch 33, § 48.
S.D. Codified Laws § 9-38-3 — SD Code / Title 9 / Chapter 38 / Section 9-38-3
Agreements with and grants from federal agency
Status: in_force

Every municipality shall have the power to enter into agreements with and receive grants from the United States Bureau of Outdoor Recreation or its successor.

Source: SDC Supp 1960, § 45.0201-1 (24) as added by SL 1965, ch 211, § 1.
S.D. Codified Laws § 9-41A-5 — SD Code / Title 9 / Chapter 41A / Section 9-41A-5
Commencement of corporate existence--Certificate as evidence of incorporation
Status: in_force

Upon the issuance of the certificate of incorporation, the existence of the municipal power agency as a political subdivision of the state and a municipal corporation shall begin. The certificate of incorporation shall be conclusive evidence of the due and valid incorporation of the municipal power agency.

Source: SL 1978, ch 66, § 4.
S.D. Codified Laws § 9-32-17 — SD Code / Title 9 / Chapter 32 / Section 9-32-17
Records of sales--Deeds and perpetual care certificates
Status: in_force

The auditor or clerk shall maintain adequate records for the sale of burial spaces and for the sale of perpetual care. The municipality shall issue deeds for sale of burial spaces and certificates of purchase for perpetual care.

Source: SL 1971, ch 71, § 6.
S.D. Codified Laws § 9-47-23 — SD Code / Title 9 / Chapter 47 / Section 9-47-23
Election of municipality to provide service after previously declining--Requirements of purchase
Status: in_force

If a rural water system provides service to a person whom a municipality has declined to serve, pursuant to § 9-47-22 , and the municipality thereafter elects to provide water service to such person, the municipality shall first purchase the facilities of the rural water system which were required and used to provide service to such person. The purchase price shall be the present day reproduction cost, new, of the facilities being acquired, less depreciation computed on a thirty - year straight - line basis, plus an amount equal to the cost on a nonbetterment basis of constructing any necessary facilities to reintegrate the system of the rural water system after detaching the portion to be sold; plus as compensation for service rights, an annual amount, payable each year for a period of five years, equal to the sum of five percent of the gross revenues received from the sale of water service to such person during the five - year period. Gross revenues received shall be determined by applying the rate in effect by the purchased rural water system at the time of purchase.

Source: SL 1989, ch 387, § 2; SL 1994, ch 72.
S.D. Codified Laws § 9-19-16 — SD Code / Title 9 / Chapter 19 / Section 9-19-16
Ordinance of revision--Committee to prepare revision
Status: in_force

The governing body of any municipality may, not more than once every five years, appoint a committee to prepare and submit for its consideration an ordinance revising the ordinances of the municipality.

Source: SL 1890, ch 37, art III, § 13; RPolC 1903, § 1194; SL 1913, ch 119, § 37; RC 1919, § 6249; SL 1925, ch 247; SDC 1939, §§ 45.0201 (21), 45.1007; SL 2026, ch 33, § 47.
S.D. Codified Laws § 9-21-25.1 — SD Code / Title 9 / Chapter 21 / Section 9-21-25.1
Contingency amount included in general fund appropriation--Transfers from other funds--Maximum contingency fund balance
Status: in_force

The amount to be budgeted for the contingency pursuant to § 9-21-6.1 shall be included in the appropriation for the municipal governing body out of general fund revenues. When transfers are made from the contingency budget to other appropriations, whose revenue is provided by other than general fund revenues, a transfer of fund balances may be made from the municipal general fund to such other fund in the amount of the budget transfer. At no time shall the balance in the contingency fund exceed five percent of the total municipal budget.

Source: SL 1975, ch 95, § 2.
S.D. Codified Laws § 9-26-20 — SD Code / Title 9 / Chapter 26 / Section 9-26-20
Judgment bonds authorized without submission to election
Status: in_force

Whenever any municipality has issued and delivered its bonds and a judgment has been regularly recovered either upon the principal or upon the defaulted coupons belonging to such bonds establishing the validity thereof in a court of competent jurisdiction of this state or of the United States, or whenever any other money judgment has been regularly recovered against a municipality upon any other claim in any such court, such municipality for the purpose of paying or compromising such judgment whenever a majority of the members of the governing body by resolution duly passed shall declare it to be for the best interest of such municipality may issue the bonds of such municipality as herein provided without submitting the matter to a vote of the voters thereof.

Source: SL 1903, ch 81; SL 1905, ch 65, § 1; RC 1919, § 6423; SDC 1939, § 45.2317; SL 1964, ch 143.
S.D. Codified Laws § 9-35-21 — SD Code / Title 9 / Chapter 35 / Section 9-35-21
Map of underground equipment of CATV system
Status: in_force

Municipalities may require the filing with the municipality by the person constructing, installing, operating, or maintaining a CATV system of a proper map showing the exact location of all underground cables and equipment, together with a statement showing the exact nature of the same.

Source: SL 1972, ch 52, § 4.
S.D. Codified Laws § 9-41A-2 — SD Code / Title 9 / Chapter 41A / Section 9-41A-2
Formation of agency by agency agreement
Status: in_force

Two or more first or second class municipalities may form a municipal power agency by the execution of an agency agreement authorized by a resolution of the governing body of each municipality.

Source: SL 1978, ch 66, § 2; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-40-4.2 — SD Code / Title 9 / Chapter 40 / Section 9-40-4.2
Financial aid for sewerage and water facility systems--Federal contracts
Status: in_force

Every municipality may accept grants or contributions and obtain loans from the United States of America, or any agency or instrumentality thereof presently or hereafter constituted, for the purpose of aiding in financing the cost of planning, construction, equipping, acquiring, extending, and improving facilities for the collection, treatment, or disposal of sewage and other domestic, commercial, and industrial wastes, or for supplying water for municipal, industrial, and domestic use, or for any combination of sewerage and water facilities, and may enter into contracts with the United States of America or any of its agencies or instrumentalities respecting any such grants, contributions, or loans.

Source: SL 1975, ch 92, § 2; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-8-3 — SD Code / Title 9 / Chapter 8 / Section 9-8-3
Mayor--Powers and duties--Veto power
Status: in_force

The mayor presides at all meetings of the council. The mayor votes only in the case of a tie, except pursuant to § 9-8-10 . The mayor performs other duties as may be prescribed by the laws and ordinances, and takes care that the laws and ordinances are faithfully executed. The mayor shall annually, or as may be necessary, give the council information relative to the affairs of the municipality, and recommend for the council's consideration the measures the mayor deems prudent. The mayor may sign or veto any ordinance or resolution as provided in §§ 9-19-10 to 9-19-12 , inclusive.

Source: SL 1890, ch 37, art III, §§ 4, 8, 10, 14; RPolC 1903, §§ 1185, 1189, 1191, 1195; RC 1919, §§ 6206 to 6208; SDC 1939, § 45.0702; SL 1992, ch 60, § 2; SL 2017, ch 56, § 4; SL 2025, ch 38, § 20; SL 2026, ch 33, § 2.
S.D. Codified Laws § 9-32-20.1 — SD Code / Title 9 / Chapter 32 / Section 9-32-20.1
Use of perpetual care trust fund to maintain cemetery
Status: in_force

Any municipality may expend a portion of the perpetual care trust fund to maintain the cemetery. However, only amounts in excess of fifty thousand dollars may be expended and used for cemetery purposes only. For expenditures in excess of five thousand dollars, notice of hearing shall be published twice, with the second notice not less than ten days in advance of the hearing.

Source: SL 1981, ch 72, § 1; SL 2000, ch 37, § 1.
S.D. Codified Laws § 9-35-4 — SD Code / Title 9 / Chapter 35 / Section 9-35-4
Adoption of franchise ordinance--Publication and notice of election
Status: in_force

Before submitting such proposition the governing body shall first approve the proposed franchise by an ordinance duly adopted and published incorporating the proposed franchise in full and providing for submission of such proposition at an election to be held not sooner than thirty days after the publication thereof.

The notice of election and the proposition so submitted shall refer to such ordinance by number and shall include the full title thereof.

Source: SL 1921, ch 310; SDC 1939, § 45.1006.
S.D. Codified Laws § 9-16-26 — SD Code / Title 9 / Chapter 16 / Section 9-16-26
Refund of members' contributions on termination of employment prior to retirement
Status: in_force

In the event any member leaves city service before a pension becomes payable on account of his participation in the said pension fund, the total of his contributions to the said fund may be either retained by the said fund or returned to the said individual or his legal representative either with or without interest additions, as the city shall determine by ordinance.

Source: SDC 1939, § 45.1206 (5) (a) as added by SL 1955, ch 202, § 1.
S.D. Codified Laws § 9-16-5.9 — SD Code / Title 9 / Chapter 16 / Section 9-16-5.9
Records of employer
Status: in_force

An employer who employs one or more individuals who are members of a system covered under this chapter shall maintain records with respect to each employee sufficient to determine benefits due or which may become due to the employee. The employer shall furnish to the system administrator any information necessary for the administrator to make reports required under the provisions of this chapter.

Source: SL 1984, ch 56, § 14.
S.D. Codified Laws § 9-38-36 — SD Code / Title 9 / Chapter 38 / Section 9-38-36
Board consent required for streets through parks--Vacation of streets and alleys--Special assessments
Status: in_force

No roads or streets may be laid out or constructed through any park without consent of the board.

Upon recommendation of the board, any road, street, or alley, or part thereof, excepting railroads, that passes through or into or divides any land used for parks may be vacated by the governing body and made a part of the park. Upon recommendation of the board, the governing body may provide for special assessments to be made pursuant to chapter 9-43 for improvements to any road, street, alley, or part thereof under control of the board.

Source: SL 1915, ch 260, § 61; RC 1919, § 6504; SDC 1939, § 45.2523; SL 2012, ch 57, § 71.
S.D. Codified Laws § 9-19-8 — SD Code / Title 9 / Chapter 19 / Section 9-19-8
Passing, recording, and publishing resolutions
Status: in_force

Any resolution may be passed after one reading, and must be recorded, entirely, together with the number of votes for and against the resolution, either as part of the minutes of the meeting at which the resolution passed, or separately.

Source: RC 1919, § 6251; SL 1921, ch 315; SDC 1939, § 45.1009; SL 1987, ch 77; SL 2026, ch 33, § 38.
S.D. Codified Laws § 9-46-1 — SD Code / Title 9 / Chapter 46 / Section 9-46-1
Width and material of sidewalks prescribed by ordinance
Status: in_force

Every municipality may, by ordinance, prescribe the width of sidewalks and may establish different widths in different areas of the municipality and determine the kind of material of which the sidewalk shall be constructed, having regard to the business and amount of travel in the vicinity of each.

Source: SL 1890, ch 37, art XVI, § 19; RPolC 1903, § 1307; SL 1913, ch 324; RC 1919, § 6359; SDC 1939, § 45.1601; SL 2020, ch 30, § 2.
S.D. Codified Laws § 9-51-51 — SD Code / Title 9 / Chapter 51 / Section 9-51-51
Discontinuance or diversion of use of parking facilities--Contracts and covenants to be honored--Referendum
Status: in_force

The governing body of any municipality may discontinue or use for another purpose any parking lot or area or off - street parking facility heretofore or hereafter acquired upon resolution of the governing body. No such discontinuance or diversion of its use shall be made if prohibited by any contract provision or bond covenant binding upon the municipality. Such resolution shall be subject to referendum as provided by law.

Source: SL 1966, ch 148.
S.D. Codified Laws § 9-21-6.1 — SD Code / Title 9 / Chapter 21 / Section 9-21-6.1
Line item for contingencies--Maximum amount--Transfer to other appropriations
Status: in_force

In preparing the annual estimate of expenses as provided by § 9-22-23 , the auditor or clerk may include in the budget a line item for contingencies. The line item shall be included in the annual budget adopted pursuant to § 9-21-2 and shall not exceed five percent of the total municipal budget. No expenditures shall be charged to this item but such appropriated amount may be transferred, by resolution of the municipal governing body, to any other appropriation in which insufficient amounts were provided or for items for which no appropriation was provided.

Source: SL 1975, ch 95, § 1.
S.D. Codified Laws § 9-18-3 — SD Code / Title 9 / Chapter 18 / Section 9-18-3
Admissibility--Certified copies and transcripts of records--Prima facie evidence
Status: in_force

The following documents, if certified by the municipal finance officer under the corporate seal, are admissible in evidence the same as the originals:

(1) Copies of all papers filed in the office of the municipal finance officer; and

(2) Transcripts of all records of the governing body.

These documents are prima facie evidence of the facts stated therein.

Source: SL 1890, ch 37, art VII, § 1; SL 1890, ch 37, art XVI, § 14; RPolC 1903, §§ 1244, 1302; SL 1913, ch 119, § 65; RC 1919, §§ 6285, 6355; SDC 1939, § 45.0113; SL 2026, ch 33, § 32.
S.D. Codified Laws § 9-52-23 — SD Code / Title 9 / Chapter 52 / Section 9-52-23
General powers of auditorium board--Copies of board proceedings as evidence
Status: in_force

The board shall have power to contract for supplies and services necessary to the operation and maintenance of the auditorium, and for the rental of the same or any part thereof; to fix and collect rentals and charges for admission; to schedule and determine priorities among activities proposed to be conducted in the auditorium; to allow claims for supplies and services necessary to the operation and maintenance of the auditorium; and to do all other things necessary and proper, to assure the maximum use of the auditorium for the general welfare of the municipality and its inhabitants and industries, and the sufficiency of the revenues thereof for the payment of all proper charges thereon. Copies of proceedings of the board, certified by its appointed secretary, shall be competent as evidence in any legal action or proceedings.

Source: SL 1951, ch 246, § 8; SDC Supp 1960, § 45.24B08.
S.D. Codified Laws § 9-34-12 — SD Code / Title 9 / Chapter 34 / Section 9-34-12
Plumbers, electricians, residential contractors and heating, ventilation, and air conditioning contractors
Status: in_force

A municipality may license, tax, and regulate plumbers, electricians, electrical workers, residential contractors and heating, ventilation, and air conditioning contractors. The residential contractor provisions of this section do not apply to dealers of manufactured or mobile homes as defined in chapter 32-7A .

Source: SL 1909, ch 31; RC 1919, § 6169 (62); SDC 1939, § 45.0201 (64); SL 1989, ch 76; SL 1994, ch 71.
S.D. Codified Laws § 9-13-5 — SD Code / Title 9 / Chapter 13 / Section 9-13-5
Unopposed candidates, no ballot measures--No election--Certificate issued
Status: in_force

No election may be held in any municipality, or ward thereof, if:

(1) The number of nominating petitions filed for each vacant position to be filled does not exceed the number of vacancies; and

(2) No other question is to be submitted to the voters.

The auditor or clerk shall issue certificates of election to the unopposed nominees, if any, in the same manner as to successful candidates after election.

Source: RC 1919, § 6315; SL 1931, ch 186; SDC 1939, § 45.1301; SL 1941, ch 196; SL 1955, ch 203; SL 1961, ch 249; SL 2025, ch 40, § 3, eff. Jan. 1, 2026.
S.D. Codified Laws § 9-39-39 — SD Code / Title 9 / Chapter 39 / Section 9-39-39
Election requirement inapplicable to jointly owned facilities contracts
Status: in_force

The provisions of §§ 9-39-37 and 9-39-38 shall not apply to contracts entered into by a municipality with others for the construction, operation, or maintenance of jointly owned electric generation or transmission facilities.

Source: SDCL, § 9-39-37 as added by SL 1976, ch 84, § 2.
S.D. Codified Laws § 9-43-86 — SD Code / Title 9 / Chapter 43 / Section 9-43-86
Time for construction, contract, levy and collection of assessments--Protest petition
Status: in_force

Twenty days after publication of the adopted resolution of necessity, unless the referendum is invoked or unless a written protest is filed with the finance officer signed by the owners of more than fifty-five percent of the frontage of the property to be assessed, the governing body may cause the local improvement to be made, may contract for the improvement, and may levy and collect special assessments as provided in this chapter. Upon a two-thirds vote of the governing body, a protest petition may be denied and the governing body may cause the local improvement to be made.

Source: SL 2012, ch 57, § 14; SL 2016, ch 52, § 1.
S.D. Codified Laws § 9-16-5.4 — SD Code / Title 9 / Chapter 16 / Section 9-16-5.4
Audit of financial statements
Status: in_force

The financial statements contained in the report required by § 9-16-5.3 shall be audited by an independent qualified, certified public accountant. The actuarial valuation required in the report shall include the information required under the provisions of subdivision 3-12C-101(3) and shall be performed by an approved actuary as defined by subdivision 3-12C-101(8).

Source: SL 1984, ch 56, § 9; SL 2019, ch 22, §§ 2, 45.
S.D. Codified Laws § 9-29-21 — SD Code / Title 9 / Chapter 29 / Section 9-29-21
Salaried police receiving fees for criminal process as misdemeanor
Status: in_force

It is a Class 2 misdemeanor for any chief of police or other policeman receiving a salary for services to charge or receive any fee or compensation for the service of any process issued out of any court of this state in any criminal case.

Source: SL 1911, ch 155, § 3; RC 1919, § 6304; SDC 1939, § 45.1135; SL 1981, ch 43, § 19.
S.D. Codified Laws § 9-38-9 — SD Code / Title 9 / Chapter 38 / Section 9-38-9
Abolition of board in city-manager city
Status: in_force

The park board of any first or second class municipality employing a city manager may be abolished by ordinance. Thereupon its powers and duties shall be vested in the governing body.

Source: SL 1935, ch 158, § 15; SDC 1939, § 45.0911; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-11-7 — SD Code / Title 9 / Chapter 11 / Section 9-11-7
Ballot form
Status: in_force

Both the question of form of government and the number of wards, trustees, or commissioners may be submitted upon one ballot, when both questions are to be voted upon.

The vote upon the questions must be by ballot in the form and be cast in the manner provided by chapter 9-13 .

Source: SL 1913, ch 119, § 4; RC 1919, § 6193; SDC 1939, § 45.0503; SL 2024, ch 28, § 34.
S.D. Codified Laws § 9-21-1 — SD Code / Title 9 / Chapter 21 / Section 9-21-1
Fiscal year of municipalities
Status: in_force

The fiscal year of each municipality shall commence on the first day of January of each year.

Source: SL 1890, ch 37, art VII, § 7; SL 1890, ch 37, art XV, § 1; RPolC 1903, § 1295; SL 1913, ch 119, § 114; RC 1919, § 6333; SL 1921, ch 298; SDC 1939, § 45.1401.
S.D. Codified Laws § 9-47-29 — SD Code / Title 9 / Chapter 47 / Section 9-47-29
Assessment of property for proportionate share of water line previously constructed--Apportionment among persons paying cost
Status: in_force

If a main, trunk, or service water line has been constructed and the cost has not been apportioned against property that may benefit as provided in this chapter or chapter 9-43 , the governing body may require the owner of the property to pay the owner's proportionate share of the cost of construction, without interest, according to the benefits to accrue to the property, before the property may be platted, replatted, or served by the facilities, as determined by the governing body. The governing body shall investigate and determine the amount to be paid. The amount shall be apportioned by the governing body among the persons, including the municipality, paying the appropriate cost.

Source: SL 2016, ch 52, § 5.
S.D. Codified Laws § 9-33-5 — SD Code / Title 9 / Chapter 33 / Section 9-33-5
Electrical wiring and appliances--Gas fittings and appliances
Status: in_force

Every municipality shall have power to regulate the construction and installation of and to provide for the inspection of electrical wiring and appliances and of gas piping, fittings, and appliances, and to provide the fees to be paid for such inspection. The exercise of such powers shall not affect any liability of any public utility furnishing gas or electricity.

Source: SL 1913, ch 119, § 53, subdiv 84; RC 1919, § 6169 (30); SL 1935, ch 159; SDC 1939, § 45.0201 (57).
S.D. Codified Laws § 9-39-3.1 — SD Code / Title 9 / Chapter 39 / Section 9-39-3.1
Joint electric generation and transmission facilities--Bond issue for financing--Sale of services to other entities--Liberal construction
Status: in_force

Pursuant to the provisions of S.D. Const., Art. IX, § 3, any municipality owning an electric utility system may, pursuant to an agreement or agreements with any other governmental entities, either within or without the state, which own electric utility systems, acquire, construct, and finance by issuance of its revenue bonds in the manner prescribed in chapter 9-40 , electric generation and transmission facilities, or any interest therein, and sell the output, capacity and services of such facilities to such other governmental entities in such respective amounts as shall be determined by such municipality to be necessary or appropriate in order to make the most efficient and effective use of its powers and responsibilities to supply the electric needs of its electric customers, and to this end this section shall be liberally construed.

Source: SL 1976, ch 84, § 1.
S.D. Codified Laws § 9-38-82 — SD Code / Title 9 / Chapter 38 / Section 9-38-82
Bond required of recreation board members--Payment of premiums
Status: in_force

Each member of the recreation board before entering upon his official duties shall give such bond to the first or second class municipality, as may be required by the governing body, for the faithful performance of his duties and shall take and file in the city auditor's office with any such bond the usual oath of office required from appointive officers of the municipality. The municipality shall pay any premium required to be given by the members of the recreation board or its officers or employees. All official bonds required by the governing body under the provisions of §§ 9-38-80 to 9-38-106 , inclusive, shall be approved by the governing body.

Source: SL 1949, ch 202, § 3; SDC Supp 1960, § 45.3203; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-40-29 — SD Code / Title 9 / Chapter 40 / Section 9-40-29
Municipality to pay for services rendered by utility
Status: in_force

The reasonable cost and value of any service rendered to such municipality by such utility subject to revenue bonds issued pursuant to this chapter shall be charged against the municipality and shall be paid for monthly as the service accrues from the current funds applicable to the payment thereof, or from proceeds of taxes which such municipality is hereby authorized and required to levy in an amount sufficient for that purpose. Such funds paid for service shall be accounted for in the same manner as other revenues of such utility.

Source: SL 1931, ch 194, § 12; SDC 1939, § 45.2412.
S.D. Codified Laws § 9-48-29 — SD Code / Title 9 / Chapter 48 / Section 9-48-29
Sewer charges and rentals kept in separate fund--Limit on accumulation--Use of fund
Status: in_force

Any funds, fees, rentals, charges, or rates collected under the authority of §§ 9-48-26 to 9-48-28 , inclusive, shall be remitted to the finance officer by the officer charged with their collection at least once each month and shall be kept in a separate fund to be known as the sewer rental fund. Such fund shall be used for the purpose of paying the cost of financing the operation, maintenance or construction of the sewer utilities. However, no part of such fund may be used to meet the cost of construction of lateral sewers serving local territory or the portion of the cost of sewer utilities which have been financed by special assessment against benefited properties. Surplus funds may be transferred in the manner described in chapter 9-21 .

Source: SL 1949, ch 204, § 3; SDC Supp 1960, § 45.1822; SL 1982, ch 84, § 4; SL 1985, ch 67; SL 1993, ch 73, § 3.
S.D. Codified Laws § 9-51-11 — SD Code / Title 9 / Chapter 51 / Section 9-51-11
Alternative means of financing parking facilities
Status: in_force

Any municipality may pay for any portion of the cost of providing automobile parking facilities by:

(1) Appropriating moneys for the purposes authorized in § 9-51-10 ;

(2) Appropriating any part or all of the net revenues derived from the operation of its automobile parking facilities including the net revenue from on - street parking meters;

(3) Imposing reasonable rates, rents, fees, and charges for the use of any on - street or off - street parking privilege or facility which may be in excess of actual cost of operation, maintenance, regulation, and supervision of parking at the particular location where the privilege is exercised;

(4) Leasing any off - street facilities at specified or determinable rents to be paid the municipality under a lease made as authorized and limited in § 9-51-32 ;

(5) Borrowing money and issuing bonds as authorized and limited in §§ 9-51-13 to 9-51-28 , inclusive;

(6) Borrowing money and issuing general obligation bonds in the manner and after authorization as provided in chapter 9-26 as may be hereafter amended;

(7) Any combination of all or any of the foregoing.

Source: SL 1955, ch 216, § 4; SDC Supp 1960, § 45.02A04; SL 1984, ch 43, § 90.
S.D. Codified Laws § 9-20-11.3 — SD Code / Title 9 / Chapter 20 / Section 9-20-11.3
Additional election costs paid by municipality
Status: in_force

If a municipality submits a question to the electors at the next general election pursuant to § 9-20-11 , the municipality shall pay the additional election cost related to the municipal question. The cost shall be agreed upon by the county auditor and the municipal finance officer.

Source: SL 1995, ch 47, § 4.
S.D. Codified Laws § 9-23-6 — SD Code / Title 9 / Chapter 23 / Section 9-23-6
Notation on back of paid warrant
Status: in_force

The treasurer shall note on the back of each warrant presented the date of such presentation, when payment is made, and the date of such payment.

Source: SL 1890, ch 37, art VIII, § 4; RPolC 1903, § 1250; SL 1913, ch 119, § 71; RC 1919, § 6291; SDC 1939, § 45.1123.
S.D. Codified Laws § 9-16-25 — SD Code / Title 9 / Chapter 16 / Section 9-16-25
Firemen's contributions to pension fund--Deduction from salary
Status: in_force

Each member of the firemen's pension fund may be required to contribute to the fund, as determined by ordinance adopted by the municipality of the first class, the contributions to be deducted from his salary beginning with the date of his entry into city service as a fireman, if required by ordinance, and continuing so long as he remains a member until his retirement, if required by ordinance.

Source: SDC 1939, § 45.1206 (5) (a) as added by SL 1955, ch 202, § 1; SL 1977, ch 69; SL 1984, ch 56, § 32; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-5-9 — SD Code / Title 9 / Chapter 5 / Section 9-5-9
Effective date of annexation--Implementing ordinance
Status: in_force

Except as otherwise provided in the plan for consolidation, when certified copies of the proceedings are so filed, the annexation shall be effective and complete and the municipality to which the annexation is made shall have the power, and it shall be its duty, to pass such ordinance as will carry into effect such annexation, and thereafter the municipality annexed shall be a part of the municipality to which the annexation is made.

Source: SL 1951, ch 249, § 5; SL 1953, ch 267; SDC Supp 1960, § 45.29A05.
S.D. Codified Laws § 9-32-4 — SD Code / Title 9 / Chapter 32 / Section 9-32-4
Inspection of persons employed in food service establishments and stores
Status: in_force

Any municipal corporation in this state may adopt an ordinance providing for the examination of any person or persons owning or operating, or of any employee or employees employed therein, who conduct or operate a public eating or drinking place where drink or food is provided or offered for sale, or for any retail or wholesale place of business where food or foodstuffs or drinkable products are prepared or offered for sale to the public.

Such ordinance shall provide for the examination of such employer or employee employed as provided herein and for failure to secure such examination and a health certificate said ordinance may provide penalties therefor.

Source: SL 1939, ch 105, §§ 1, 2; SDC Supp 1960, § 45.0201-1 (2).
S.D. Codified Laws § 9-30-1 — SD Code / Title 9 / Chapter 30 / Section 9-30-1
Utility openings and lights in streets and alleys
Status: in_force

Every municipality shall have power to regulate openings in streets or alleys for laying of gas or water mains, sewers, tunnels, and drains, and the erecting of gas or electric lights.

Source: SL 1890, ch 37, art V, § 1, subdiv 13; RPolC 1903, § 1229, subdiv 13; SL 1913, ch 119, § 53, subdiv 12; RC 1919, § 6357; SDC 1939, § 45.0201 (79).
S.D. Codified Laws § 9-17-3 — SD Code / Title 9 / Chapter 17 / Section 9-17-3
Municipal payment of dues and delegate expenses for organization
Status: in_force

Any municipality which shall join or become a member of such municipal organization is hereby authorized and empowered, by ordinance, to annually appropriate funds for the payment of reasonable annual dues in said organization as the same may be assessed and to pay the expenses of designated representatives or delegates as provided in § 9-17-4 , in attending the meetings of said organization.

Source: SL 1955, ch 217, § 3; SDC Supp 1960, § 45.0201-1 (16).
S.D. Codified Laws § 9-40-19 — SD Code / Title 9 / Chapter 40 / Section 9-40-19
Chapter and resolution or ordinance incorporated in terms of bonds
Status: in_force

Revenue bonds issued pursuant to this chapter shall refer expressly to the resolution or ordinance, this chapter and any acts amendatory thereto and shall state that they are subject to all of the provisions and limitations thereof, and thereby all provisions and limitations of the resolution or ordinance and of this chapter and amendments thereto shall become a part of the bonds the same as if set forth at length.

Source: SL 1931, ch 194, § 5; SDC 1939, § 45.2405; SL 1984, ch 43, § 79.
S.D. Codified Laws § 9-21-32 — SD Code / Title 9 / Chapter 21 / Section 9-21-32
Internal service fund for equipment purchases authorized--Equipment defined
Status: in_force

The governing body of a municipality may by resolution create an internal service fund to provide for the acquisition of equipment. Moneys may be budgeted and transferred to the fund from any source which may lawfully be used for such purpose, including equipment usage charges on any municipal department or agency. For purposes of this section, the term, equipment, includes machinery, motor vehicles, and any other equipment or personal property.

Source: SL 2005, ch 51, § 1.
S.D. Codified Laws § 9-5-12 — SD Code / Title 9 / Chapter 5 / Section 9-5-12
Assumption of municipal debts and obligations after annexation
Status: in_force

All debts and obligations of the municipalities as enlarged by such consolidation, other than existing bonded indebtedness, shall be assumed and be paid by the municipality as enlarged by such consolidation.

Source: SL 1951, ch 249, § 10; SDC Supp 1960, § 45.29A10.
S.D. Codified Laws § 9-8-1 — SD Code / Title 9 / Chapter 8 / Section 9-8-1
Mayor--Term of office
Status: in_force

The chief executive officer of a municipality under the aldermanic form is the mayor. The mayor holds office for a term of not less than two nor more than five years as determined by ordinance. A mayor may hold office for more than one term.

Source: SDC 1939, § 45.0701; SL 1959, ch 267; SL 1984, ch 53, § 1; SL 1992, ch 60, § 2; SL 1992, ch 61, § 1; SL 2001, ch 42, § 1; SL 2017, ch 56, § 1.
S.D. Codified Laws § 9-38-74 — SD Code / Title 9 / Chapter 38 / Section 9-38-74
Municipal indebtedness not authorized by swimming pool revenue bond law
Status: in_force

Nothing contained in §§ 9-38-61 to 9-38-73 , inclusive, shall be deemed to authorize the incurring by any municipality of indebtedness within the meaning of any constitutional or statutory limitation upon municipal indebtedness.

Source: SL 1957, ch 258, § 7; SDC Supp 1960, § 45.24D07.
S.D. Codified Laws § 9-35-8 — SD Code / Title 9 / Chapter 35 / Section 9-35-8
Maintenance of railroad crossings and drainage works
Status: in_force

Every municipality shall have power to require railroad companies to make, keep open, and repair their crossings of streets and public roads, and to require them to make, keep open, and repair ditches, drains, sewers, and culverts along and under their tracks, so that drainage of adjacent property shall not be impeded and the right - of - way shall be properly drained.

Source: SL 1909, ch 50; RC 1919, § 6169 (16); SDC 1939, § 45.0201 (93).
S.D. Codified Laws § 9-20-5.1 — SD Code / Title 9 / Chapter 20 / Section 9-20-5.1
Year's waiting period required before amendment or repeal
Status: in_force

No initiated ordinance or resolution may be amended or repealed by the governing body of a municipality until at least one year has passed from its effective date.

Source: SL 1977, ch 72.
S.D. Codified Laws § 9-14-44 — SD Code / Title 9 / Chapter 14 / Section 9-14-44
Lawful possession of concealed firearm--Personnel prohibition or restriction not permitted--Individuals excluded--Liability
Status: in_force

The governing body of a municipality may not, by any method or means, prohibit or restrict an individual who is a municipal employee, officer, or volunteer, from lawfully possessing any concealed firearm and compatible ammunition, while the individual is within any municipal building, facility, or vehicle, or while on any real property, owned or leased by the municipality. This section does not apply to possession of a concealed firearm and compatible ammunition by:

(1) An individual who is an inmate;

(2) An individual, other than a law enforcement officer, while present in the secure area of any detention facility, a mental health crisis center, or a substance use disorder residential treatment facility; or

(3) An individual, other than a law enforcement officer, while using a municipal vehicle to transport another individual apprehended in accordance with chapter 27A-10 .

No injury or damage resulting from an individual possessing a concealed firearm may be construed to be an act of the municipality, and no liability may be imputed to the municipality.

For purposes of this section, any "method or means" includes the adoption of a policy, the issuance of a guidance letter or statement, and any similar directive, whether written or oral.

Source: SL 2025, ch 36, § 3.
S.D. Codified Laws § 9-38-97 — SD Code / Title 9 / Chapter 38 / Section 9-38-97
Recreation board reports to governing body--Records subject to inspection
Status: in_force

The recreation board shall make an annual report to the governing body of its acts and all its expenditures, showing the condition of all affairs under its control. The governing body may require a report from such recreation board at any time, and the records, books, papers, and accounts of the recreation board shall at all times be subject to inspection by the mayor, auditor, or any committee appointed by the governing body for that purpose or any citizen.

Source: SL 1949, ch 202, § 13; SDC Supp 1960, § 45.3213.
S.D. Codified Laws § 9-45-7 — SD Code / Title 9 / Chapter 45 / Section 9-45-7
Petition of property owners or landowners required for vacation of street, alley, or public ground--Plat--Verification of petition
Status: in_force

No street, alley, or public ground, or part thereof, shall be vacated by the governing body except upon the petition and consent in writing of all of the owners of the property adjoining the part of the street, alley, or public ground to be vacated. Such petition shall set forth the facts and the reasons for such vacation, accompanied by a plat of such street, alley, or public ground proposed to be vacated, and shall be verified by the oath of one or more of the petitioners, provided, in the event all the land subject to the proposed petition to vacate is located on the land of a landowner, the petition of the landowner shall be sufficient.

Source: SL 1890, ch 37, art XVI, § 13; RPolC 1903, § 1301; RC 1919, § 6354; SDC 1939, § 45.1708; SL 1949, ch 186; SL 1951, ch 241, § 1; SL 1975, ch 91.
S.D. Codified Laws § 9-21-14.2 — SD Code / Title 9 / Chapter 21 / Section 9-21-14.2
Vote required for capital outlay accumulation--Time of expenditure--Reversion of unused funds
Status: in_force

The resolution authorized by § 9-21-14.1 shall be enacted by a two - thirds vote of the governing body and shall set forth clearly the purposes for which the funds are to be accumulated and the maximum amount that may be accumulated. The funds to be accumulated shall be expended within sixty months from the date of the resolution. If the specific purposes for which the funds are accumulated are deemed no longer necessary, these funds shall revert to the general fund.

Source: SL 1979, ch 55, §§ 2, 4.
S.D. Codified Laws § 9-43-107 — SD Code / Title 9 / Chapter 43 / Section 9-43-107
Time for Plan One payment to municipal finance officer
Status: in_force

No installment under Plan One may be paid to the municipal finance officer on or after January first after certification to the county auditor.

Source: SL 2012, ch 57, § 35.
S.D. Codified Laws § 9-41A-43 — SD Code / Title 9 / Chapter 41A / Section 9-41A-43
Negotiability of bonds and notes
Status: in_force

All bonds and notes of a municipal power agency shall be negotiable within the meaning and for all the purposes of the Uniform Commercial Code, subject only to any registration requirement.

Source: SL 1978, ch 66, § 36.
S.D. Codified Laws § 9-53-7 — SD Code / Title 9 / Chapter 53 / Section 9-53-7
Preparation and filing of proposed resolution of necessity--Contents
Status: in_force

The governing body shall consider the survey and investigation and the plat and schedules prepared for such public convention hall. If it appears to the governing body that there is a public need for such a facility; that there is sufficient privately owned properties situated in such proposed district, and estimated revenue from such facility and that the plan to finance the acquisition and construction as well as the maintenance of the public convention hall is financially feasible, it shall prepare and file in the office of the city auditor or town clerk a proposed resolution of necessity which shall describe the benefit district for the purpose of assessment, declaring the acquiring of a site, building or improvement of a public convention hall a necessity, describe the location of the proposed public convention hall and a general description of the construction to be placed thereon, the estimated cost to acquire and improve such public convention hall, and the estimated annual cost of maintaining such public convention hall, state either that all or what cost of the public convention hall is to be paid by special assessment and what portion is expected to be paid from the revenue to be derived from the public convention hall, shall state that the cost to be assessed shall be apportioned according to the benefits to accrue to each lot or tract as determined by the governing body, and shall state that a plat and schedule are on file in the office of the city auditor or the town clerk giving further details of the proposed project.

Source: SL 1967, ch 230, § 5.
S.D. Codified Laws § 9-20-5 — SD Code / Title 9 / Chapter 20 / Section 9-20-5
Majority vote to approve initiated measure--Effective date
Status: in_force

No initiated ordinance or resolution is effective unless approved by a majority of the votes cast for and against the ordinance or resolution. If approved, the ordinance or resolution is effective the day following the completion of the canvass of the election returns.

Source: SL 1899, ch 94, § 13; RPolC 1903, § 1226; SL 1913, ch 119, § 50; RC 1919, § 6264; SDC 1939, § 45.1021; SL 1947, ch 199, § 4; SL 2025, ch 37, § 4.
S.D. Codified Laws § 9-22-20 — SD Code / Title 9 / Chapter 22 / Section 9-22-20
Treasurer's reports to governing body
Status: in_force

The treasurer shall report to the governing body at such time as may be prescribed by ordinance, giving a full and detailed account of all receipts and expenditures since his last report, and the state of the treasury.

Source: SL 1890, ch 37, art VIII, § 8; RPolC 1903, § 1254; SL 1913, ch 119, § 75; RC 1919, § 6295; SDC 1939, § 45.1127.
S.D. Codified Laws § 9-41A-1 — SD Code / Title 9 / Chapter 41A / Section 9-41A-1
Definition of terms
Status: in_force

Terms used in this chapter, unless the context plainly otherwise requires, mean:

(1) "Agency agreement," the written agreement between or among two or more cities establishing a municipal power agency;

(2) "City," a city organized and existing under the laws of South Dakota, and authorized by such laws or charter to engage in the local distribution and sale of electric energy. Any city so engaged on January 1, 1978, may continue the distribution and sale of electric energy, and every city now or hereafter authorized may exercise, either individually or as a member of a municipal power agency, all of the powers granted in this chapter;

(3) "City council," the city council or other similar board, commission, or body within a city which is charged by law or its charter with the general control of the city's governmental affairs;

(4) "Distribution," the conveyance of electric energy to retail consumers from a transmission system, or from a generation facility situated within or in the immediate vicinity of a city;

(5) "Generation," the production of electricity by any means and the acquisition of fuel of any kind for that purpose, and includes but is not limited to the acquisition of fuel deposits and the acquisition or construction and operation of facilities for extracting fuel from natural deposits, for converting it for use in another form, for burning it in place, and for transportation and storage;

(6) "Governing body," the city council or, if another board, commission, or body is empowered by law or its charter or by resolution of the city council to establish and regulate rates and charges for the distribution of electric energy within the city, such board, commission, or body shall be deemed to be the governing body. When the levy of a tax or the incurring of an obligation payable from taxes or any other action of the board, commission, or body requires the concurrence, approval, or independent action of the city council or another body under the city's charter or any other law, the action shall not be exercised under this chapter until the concurrence or approval is received or the independent action is taken. The concurrence of the city council or other elected body charged with the general management of a city shall be required, prior to the adoption by the city of any resolution approving an agency agreement or any amendment thereto;

(7) "Municipal power agency," a separate political subdivision and municipal corporation created by agreement between or among two or more cities exercising any of the powers of acquisition, construction, reconstruction, operation, repair, extension, or improvement of electric generation or transmission facilities or the acquisition of any interest therein or any right to part or all of the capacity thereof;

(8) "Project," any plant, works, system, facilities, and real and personal property of any nature whatsoever, together with all parts thereof and appurtenances hereto, used or useful in the generation, production, transmission, purchase, sale, exchange, or interchange of electric energy or any interest therein or capacity thereof;

(9) "Public agency," any city or other municipal corporation, political subdivision, governmental unit, or public corporation created by or pursuant to the laws of this state or of another state or of the United States, and any state or the United States, and any person, board, or other body declared by the laws of any state or the United States to be a department, agency, or instrumentality thereof;

(10) "Real property," lands, structures, franchises, and interests in land, including but not limited to lands under water, riparian rights, fees simple absolute, lesser interests such as easements, rights - of - way, uses, leases, licenses, and all other incorporeal hereditaments, legal and equitable estates, interests, and rights, terms of years, liens on real property by way of judgments, mortgages, or otherwise, and claims for damage to real property;

(11) "Transmission," the transfer of electric energy from a generating facility to, between, or among one or more cities or municipal power agencies or other persons with whom they may contract, and includes but is not limited to conversion of current and voltage and transfer of energy from another source in exchange for energy supplied by the contracting parties, but does not include distribution.

Source: SL 1978, ch 66, § 1.
S.D. Codified Laws § 9-32-14 — SD Code / Title 9 / Chapter 32 / Section 9-32-14
Municipal perpetual care cemeteries authorized
Status: in_force

Cemeteries owned by or under the control of municipalities as provided in § 9-32-13 , may, at the discretion of the governing board be maintained as perpetual care cemeteries.

Source: SL 1971, ch 71, § 1.
S.D. Codified Laws § 9-38-8 — SD Code / Title 9 / Chapter 38 / Section 9-38-8
Park boards in second and third class municipalities--Composition and functions--Qualifications of members--Teams
Status: in_force

All municipalities other than cities of the first class may create by ordinance a park board, serve without pay, the number of which shall be determined by the governing body of the municipality, and who shall serve at the pleasure of the governing body. The park board shall control and supervise the public parks of the municipality whether within or without the limits of the municipality. The park board shall be under the control and supervision of the governing body of the municipality, and the governing body shall prescribe all rules, regulations, and responsibilities of the park board. The ordinance creating the board shall specify the qualifications, the term of office of the members, the frequency of board meetings, the officers to be selected and a description of their duties, the number of members necessary for a quorum, and the scope of the board's authority.

Source: SL 1955, ch 219; SDC Supp 1960, § 45.0209; SL 1992, ch 60, § 2; SL 1995, ch 49, § 1.
S.D. Codified Laws § 9-54-2.1 — SD Code / Title 9 / Chapter 54 / Section 9-54-2.1
Power to issue revenue bonds, purchase or discharge debt of nonprofit corporation operating health care or housing facility and enter revenue agreements--Location of project
Status: in_force

With respect to hospitals, nursing homes, other health care facilities, housing for the elderly, housing for the handicapped, wellness centers, or primary, secondary, or postsecondary schools to be operated by any nonprofit corporation, for any purpose stated in § 9-54-1 , a municipality may issue revenue bonds to pay, purchase, or discharge all or any part of the outstanding indebtedness of a nonprofit corporation incurred in the purchase, construction, reconstruction, acquisition of sites for, enlargement, improvement, or remodeling of hospitals, nursing homes, other health care facilities, housing for the elderly, housing for the handicapped, wellness centers, or primary, secondary, or postsecondary schools, including, to the extent deemed necessary or desirable by the municipality, any unpaid interest on indebtedness accrued or to accrue to the date on which the indebtedness is finally paid, and any premium the municipality determines to be necessary or desirable to be paid to pay, purchase, or decease outstanding indebtedness, and to enter into revenue agreements as defined in § 9-54-3.1 , with any nonprofit corporation, the projects to be situated in any municipality or its environs without limitation as to distance, providing the governing body of the municipality declares that the project would promote the welfare of the municipality. Nothing in this section is intended to prohibit the use of revenue bonds to pay outstanding indebtedness of any person, firm, limited liability company, corporation, or governmental entity to the extent now permitted by law.

Source: SL 1981, ch 77, § 3; SL 1982, ch 28, § 2; SL 1984, ch 43, § 98B; SL 1991, ch 75, § 1; SL 1994, ch 351, § 10; SL 1998, ch 46, § 2.
S.D. Codified Laws § 9-21-11 — SD Code / Title 9 / Chapter 21 / Section 9-21-11
Long-term contracts authorized for utility services and improvement of irrigable lands--Appropriation required--Referendum
Status: in_force

The governing body may enter into a contract for any term of years as the governing body may determine with any person or any rural water system, water user district, sanitary district, water project district, or like organization for the purchase by the municipality of water, gas, or electricity. If a contract is entered into with the United States government, or any agency or department thereof, providing for the sale and purchase of water or the acquisition of a municipal water supply, the contract may be for any term of years as said governing body may determine, or for the leveling or improvement of irrigable lands belonging to the municipality, which lands were on February 20, 1953, located and situated within the boundaries of an existing irrigation district. If any contract entered into pursuant to this section extends for more than one year, an appropriation need not have been previously made concerning such expense, except sufficient to cover the amount payable or estimated to become payable under such contract for the first year thereof. The governing body shall annually thereafter appropriate an amount sufficient to cover the amount payable or estimated to become payable under such contract during the ensuing fiscal year.

Such contracts shall be subject to referendum as ordinances.

Source: SL 1925, ch 233; SDC 1939, § 45.1405; SL 1941, ch 199; SL 1953, ch 258; SL 1959, ch 269; SL 1974, ch 72; SL 1991, ch 71.
S.D. Codified Laws § 9-40-1 — SD Code / Title 9 / Chapter 40 / Section 9-40-1
Municipal power to acquire and operate utility systems--Types of services provided--Limits of service area
Status: in_force

Any municipality may purchase, construct, or otherwise acquire, establish, equip, maintain, operate, extend, or improve any system or part of system for the purpose of providing electric, gas, or other light, heat, and power for municipal, industrial, and domestic purposes; or any system or part of system of waterworks for the purpose of providing water and water supply for municipal, industrial, and domestic purposes; or any system or part of system for the collection, treatment, and disposal of sewage and other domestic, commercial, and industrial wastes; or any system for the control of floods and drainage; or any combination of such light, heat and power, waterworks, sewerage, or flood and drainage control systems, together with extensions, additions, and necessary appurtenances. The systems shall supply the municipality or any specified portion of the municipality or adjacent territory within ten miles of its corporate limits and the inhabitants thereof with electricity, gas, light, heat, power, water supply, sewerage, and flood and drainage control service. A drainage basin utility district established pursuant to chapter 46A-10B may operate within or without its boundaries.

Source: SL 1931, ch 194, § 1; SDC 1939, § 45.2401; SL 1947, ch 211, § 1; SL 1949, ch 191, § 1; SL 1957, ch 251; SL 1989, ch 388, § 16.
S.D. Codified Laws § 9-27-37 — SD Code / Title 9 / Chapter 27 / Section 9-27-37
Local industrial development corporation defined--Organization--Composition--Voting control--Primary objective
Status: in_force

Local industrial development corporation, as that term is used in § 9-27-36 , is any enterprise incorporated under the laws of the State of South Dakota, formed for the purpose of furthering the economic development of a community and its environs, and with authority to promote and assist in the growth and development of small business concerns in the areas covered by its operation. The corporation shall be organized as a nonprofit enterprise, and shall be composed of no fewer than ten members in municipalities of the first class and no fewer than five in municipalities of the second and third class. A local industrial development corporation shall be principally composed of and controlled by persons residing or doing business in the locality. Such persons shall ordinarily constitute at least seventy - five percent of the voting control of the local development corporation. No member of the development corporation may own in excess of twenty - five percent of the voting control in the development corporation if that member or that member's affiliated interests have direct pecuniary interest in a project involving an application under this section and § 9-27-36 . The primary objective of the local industrial development corporation shall be to benefit the community as measured by increased employment, payroll, business volume, and corresponding factors.

Source: SL 1976, ch 63, § 2; SL 1990, ch 63; SL 1996, ch 40, § 3; SL 2000, ch 36, § 1.
S.D. Codified Laws § 9-3-21 — SD Code / Title 9 / Chapter 3 / Section 9-3-21
Validation of prior incorporation of municipalities
Status: in_force

In all cases where application has, before July 1, 1939, been made for the organization of a municipality and such municipality has assumed to act as a municipality, the organization thereof is hereby in all things legalized, ratified, and declared valid, notwithstanding any errors, omissions, or informalities therein.

Source: SL 1907, ch 6; SL 1907, ch 8; RC 1919, § 6184; SDC 1939, § 45.0314; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-11-5 — SD Code / Title 9 / Chapter 11 / Section 9-11-5
City voters authorized to change form of government
Status: in_force

The voters of any municipality may change its form of government or change the number of its commissioners, wards, or trustees by a majority vote of all electors voting at an election called and held as provided. Any municipality under special charter may adopt any form of government as provided in this title.

Source: SDC 1939, § 45.0501; SL 1957, ch 243; SL 1992, ch 60, § 2; SL 2000, ch 34, § 3.
S.D. Codified Laws § 9-39-21.1 — SD Code / Title 9 / Chapter 39 / Section 9-39-21.1
Appointment of municipal industrial development director
Status: in_force

The municipal utility board shall have power to appoint a municipal industrial development director, to fix his compensation to be paid from funds under the control of such board, and under its control and management, and prescribe the duties of such officer.

Source: SDC Supp 1960, § 45.3904 as added by SL 1969, ch 186.
S.D. Codified Laws § 9-40-9 — SD Code / Title 9 / Chapter 40 / Section 9-40-9
Provision for extension or improvement of utility by additional bond issue--Junior to prior issues
Status: in_force

In like manner such municipality acquiring or improving any utility under the provisions hereof may provide for additions to and extensions or improvements of such utility by an additional issue or issues of bonds in the manner and form provided in this chapter; but such additional issue or issues of bonds shall be junior to all prior issues as provided in § 9-40-7 , unless provision shall have been made in the contract and covenants of the first or second class municipality with the holders of the prior bonds for the issuance of such additional bonds on a parity therewith.

Source: SL 1931, ch 194, § 16; SDC 1939, § 45.2415; SL 1949, ch 191, § 7; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-4-4.5 — SD Code / Title 9 / Chapter 4 / Section 9-4-4.5
Petition for submission of annexation resolution to voters
Status: in_force

The required number of voters residing in the combined area of the municipality and special annexation precinct may file within twenty days after the publication of the annexation resolution a petition with the municipal finance officer, requiring the submission of the annexation resolution to a vote of the voters of the combined area of the municipality and special annexation precinct for its rejection or approval.

Source: SL 1979, ch 47, § 6.
S.D. Codified Laws § 9-51-21 — SD Code / Title 9 / Chapter 51 / Section 9-51-21
Revenue bonds not municipal indebtedness
Status: in_force

No bonds issued under §§ 9-51-13 to 9-51-19 , inclusive, constitute an indebtedness of the municipality within the meaning of any constitutional or statutory provisions or limitations, any provisions in the bonds set forth, or set forth in the ordinance authorizing the bonds to the contrary notwithstanding.

Source: SL 1955, ch 216, § 5; SDC Supp 1960, § 45.02A05; SL 1984, ch 43, § 93.
S.D. Codified Laws § 9-36-10 — SD Code / Title 9 / Chapter 36 / Section 9-36-10
Improvement of stream boundaries--Land acquisition outside boundaries
Status: in_force

Any municipality having established the boundary lines of any river or stream as provided in §§ 9-36-2 to 9-36-7 , inclusive, is authorized to improve the same by retaining walls, walks, and driveways, and if it is necessary for said purpose to include lands outside the boundary lines of said river or stream as established, it may acquire said lands or a perpetual easement therein for public use by purchase or condemnation.

Source: SL 1931, ch 189, § 8; SDC 1939, § 45.2007.
S.D. Codified Laws § 9-43-88 — SD Code / Title 9 / Chapter 43 / Section 9-43-88
Lot defined
Status: in_force

Wherever the term, lot, appears in this chapter, it shall be construed to include tracts or other parcels of land.

Source: SL 2012, ch 57, § 16.
S.D. Codified Laws § 9-39-20 — SD Code / Title 9 / Chapter 39 / Section 9-39-20
Law applicable to utility board contracts
Status: in_force

The provisions of chapter 5-18A relating to advertisement for bids and §§ 6-1-1 to 6-1-4 , inclusive, relative to participation in contracts by members of the governing body, apply to contracts of and members of municipal utility boards.

Source: SL 1955, ch 221, § 4; SDC Supp 1960, § 45.3904 (1); SL 2011, ch 2, § 115.
S.D. Codified Laws § 9-48-6 — SD Code / Title 9 / Chapter 48 / Section 9-48-6
General obligation bonds for financing of sewers
Status: in_force

Every municipality may issue its general obligation bonds pursuant to chapter 9-26 for the purpose of financing the construction of sewers.

Source: SL 1921, ch 316; SDC 1939, § 45.0201 (86); SL 1984, ch 43, § 89.
S.D. Codified Laws § 9-21-23 — SD Code / Title 9 / Chapter 21 / Section 9-21-23
Proration of expenditures under appropriation for more than one year
Status: in_force

In all cases where appropriations of money are authorized and made for periods longer than one year, the expenditure thereof in any one year shall never exceed the proportion which one year of time bears to the whole time, unless otherwise expressly provided.

Source: SL 1890, ch 108, § 1; RPolC 1903, § 310; RC 1919, § 6959; SDC 1939, § 45.1417.
S.D. Codified Laws § 9-35-11 — SD Code / Title 9 / Chapter 35 / Section 9-35-11
Buses and taxis--Intercity service
Status: in_force

The governing body of each municipality in this state is empowered and vested with exclusive jurisdiction to license, regulate, fix the routes of travel, and the speed and point for stops, of all motor carriers of passengers, operators of taxicabs and motor buses conducting operations in such municipality or in a zone adjacent thereto not a part of another municipality and not to exceed two miles around the boundaries of such municipality. When such transportation service is being rendered between adjoining municipalities, the governing bodies of each municipality may act jointly to regulate intercity service.

Source: SL 1953, ch 272, §§ 1, 2; SDC Supp 1960, § 45.0201-1 (13); SL 2023, ch 25, § 1.
S.D. Codified Laws § 9-38-23 — SD Code / Title 9 / Chapter 38 / Section 9-38-23
Reports by park board to governing body--Records subject to inspection
Status: in_force

The board shall make an annual report to the governing body of its acts and all its expenditures, showing the condition of all affairs under its control.

The governing body may require a report from such board at any time, and the records, books, papers, and accounts of the board shall at all times be subject to inspection by the mayor, auditor, or any committee appointed by the governing body for that purpose.

Source: SL 1915, ch 260, § 60; RC 1919, § 6503; SDC 1939, § 45.2515.
S.D. Codified Laws § 9-14-16 — SD Code / Title 9 / Chapter 14 / Section 9-14-16
Elected officials not to hold other office--Exclusion--Alcoholic beverage license not disqualifying--License vote
Status: in_force

Except as otherwise provided in § 9-14-16.1 , an elected municipal officer may not hold any other position with the municipality while in office. The term "position" does not include membership on any municipal board, commission, or committee, if the ordinance or resolution establishing the board, commission, or committee specifically includes the elected officer in the membership of the board.

An elected officer is not disqualified from holding office in any municipality as a result of holding, or being the spouse of an individual holding, any alcoholic beverage license, pursuant to chapter 35-4 . An elected officer who is the holder of a license may vote on the issuance or transfer of any other alcoholic beverage license.

Source: SL 1890, ch 37, art VI, § 9; RPolC 1903, § 1242; SL 1913, ch 119, § 64; RC 1919, § 6277; SL 1925, ch 246; SDC 1939, § 45.1110; SL 1949, ch 182; SL 1985, ch 61; SL 1986, ch 69; SL 1995, ch 46; SL 2026, ch 33, § 14.
S.D. Codified Laws § 9-55-18.1 — SD Code / Title 9 / Chapter 55 / Section 9-55-18.1
Issuance and sale of bonds--Permissible uses of proceeds--Business improvement district to remain in effect
Status: in_force

Any municipality that has created a business improvement district as provided by this chapter, and levied special assessments or general business occupation taxes, or both, may issue and sell bonds payable from the special assessments, business occupation taxes, or both, as provided in this section and chapter 6-8B if the owners of a majority of the assessable front footage in the district or the users of a majority of the space in the district petition the municipality to issue the bonds. Unless the bonds are to be general obligations which pledge the full faith and credit of the municipality, no election is required for the issuance of the bonds. The proceeds of the bonds shall be used only for the purposes for which the collections of the special assessments or general business occupation taxes from which the bonds are payable may be used pursuant to this chapter, to fund a debt service reserve for bonds that are not general obligations of the municipality, to pay the interest estimated to accrue on the bonds until the first collections of the special assessments or general business improvement taxes, and to pay the costs of issuance of the bonds. The governing body shall, in the resolution or ordinance authorizing the issuance of the bonds, agree that the governing body shall keep the business improvement district in effect, shall continue to impose and collect the special assessments and general business occupation taxes if the bonds are outstanding, and shall pledge so much of the collections of the special assessments and general business occupation taxes as may be necessary to pay the principal of, premium, if any, and interest on the bonds, and to maintain any debt service reserve established for the bonds.

The municipality may also pledge any part of the collections of special assessments or general business improvement taxes, in excess of those pledged to the payment of bonds issued under this section, to the payment of utility revenue bonds issued under chapter 9-40 or tax increment revenue bonds issued under chapters 11-8 and 11-9 , but only if the proceeds of the utility revenue bonds or tax increment revenue bonds are used to finance improvements located, in whole or in part, in the business improvement district.

Source: SL 1990, ch 68, § 1; SL 2018, ch 70, § 47.
S.D. Codified Laws § 9-35-16 — SD Code / Title 9 / Chapter 35 / Section 9-35-16
"Community antenna television system" defined
Status: in_force

"Community antenna television system," hereinafter referred to as "CATV system" or "system" means a system of coaxial cables or other electrical conductors and equipment used or to be used primarily to receive television or radio signals directly or indirectly off - the - air and transmit them to subscribers for a fee.

Source: SL 1972, ch 52, § 1.
S.D. Codified Laws § 9-22-17 — SD Code / Title 9 / Chapter 22 / Section 9-22-17
Receipt and application of special assessment money--Cancellation of certificates
Status: in_force

All money received on any special assessment shall be held by the finance officer in its respective fund to be applied only to the payment of the improvements for which the assessment was made. All special assessment certificates received by the finance officer shall immediately be canceled and preserved as vouchers in his office.

Source: SL 1890, ch 37, art VIII, § 9; RPolC 1903, § 1255; SL 1913, ch 119, § 76; RC 1919, § 6296; SDC 1939, § 45.1128; SL 1988, ch 81, § 7.
S.D. Codified Laws § 9-4-9 — SD Code / Title 9 / Chapter 4 / Section 9-4-9
Service of notice of petition to circuit court--Hearing at term or in vacation
Status: in_force

Notice of filing pursuant to § 9-4-8 shall be served by the petitioners upon the mayor or president of the Board of Trustees, as the case may be, together with a notice of the time and place when and where a hearing will be had upon such petition, at least ten days before the date of such hearing.

The hearing on the petition may be had by the court at a regular or special term or in vacation.

Source: SL 1887, ch 104, § 4; CL 1887, § 1117; RPolC 1903, § 1511; RC 1919, § 6557; SDC 1939, § 45.2903.
S.D. Codified Laws § 9-52-6 — SD Code / Title 9 / Chapter 52 / Section 9-52-6
Revenue bonds payable solely from auditorium revenues--Credit and taxing powers not pledged
Status: in_force

Revenue bonds issued under this chapter shall be payable solely from the net revenue derived from and traceable to properties acquired by the expenditure of the proceeds of revenue bonds, or of bonds refunded thereby, as fixed and determined by the governing body in accordance with the provisions of this chapter, and the credit and taxing powers of the municipality shall not be pledged for the payment thereof, and the bondholders shall have no right to compel the appropriation of any of the municipality's other funds, money, or property for the payment of the principal thereof or interest thereon.

Source: SL 1951, ch 246, § 1; SDC Supp 1960, § 45.24B01.
S.D. Codified Laws § 9-54-7 — SD Code / Title 9 / Chapter 54 / Section 9-54-7
Mortgage of project and pledge of revenues to payment of bonds--Trust funds--Other covenants and agreements
Status: in_force

The governing body of the municipality may, by ordinance, resolution, or by a trust indenture executed under authority of a resolution or ordinance, pledge the revenues of the project and any other security of whatsoever nature, offered by the lessee, purchaser, or borrower with respect to the project, and may mortgage the project, for the payment of the bonds and the interest thereon, and provide that the revenues shall be set apart in one or more special trust funds for that purpose. The resolution, ordinance, or indenture may include covenants and agreements as the governing body deems necessary or desirable to secure the bonds, including the establishment of a reserve from the bond proceeds, and may authorize a trustee appointed under an indenture to enforce all rights and remedies of the municipality under the revenue agreement with respect to the project.

Source: SL 1964, ch 148, § 5; SL 1969, ch 188, § 1; SL 1973, ch 59, § 7; SL 1981, ch 77, § 7; SL 1984, ch 43, § 98D.
S.D. Codified Laws § 9-40-4 — SD Code / Title 9 / Chapter 40 / Section 9-40-4
Utility facilities outside municipal limits
Status: in_force

Every municipality may procure a supply of water, electricity, or gas and may dispose of sewage outside its corporate limits, and for such purposes may construct, operate, and maintain outside its corporate limits, as a part of any such system, dams, reservoirs, intakes, spillways, conduits, or other devices to gather and store surface, flood, or other waters, pipelines, poles, wires, and cables for the transmission of water, electric current, and gas, and sewer mains, outlets, and treatment and disposal plants.

Source: SDC 1939, § 45.2401 as added by SL 1957, ch 251.
S.D. Codified Laws § 9-10-3 — SD Code / Title 9 / Chapter 10 / Section 9-10-3
Employment of city manager
Status: in_force

When authorized by a majority vote of all voters voting at a special election called for that purpose, pursuant to § 9-10-1 , the governing body of any municipality must employ a city manager and fix the manager's compensation.

Source: SL 1917, ch 303, § 8; SL 1918, ch 57, §§ 1, 2; RC 1919, § 6236; SL 1935, ch 158, § 2; SDC 1939, § 45.0901; SL 1992, ch 60, § 2; SL 2025, ch 38, § 40.
S.D. Codified Laws § 9-44-8 — SD Code / Title 9 / Chapter 44 / Section 9-44-8
Tax levy to pay deficiency in improvement fund--Covenant to levy--Limitation of levy
Status: in_force

The municipality may agree that in the event of a deficiency in the improvement fund, the governing body will levy an ad valorem tax upon all of the taxable property within the municipality in an amount as may be necessary to pay the deficiency. The covenant may be limited to the levy of a tax for the payment of any deficiency existing at the maturity of the last outstanding bond, or may provide for the levy of a tax whenever any amount of principal or interest shall become due and the moneys in the fund shall be insufficient to pay the same. Notwithstanding the omission of a covenant in the resolution authorizing the bonds, or the limitation of the same to payment of a deficiency at the maturity of the last outstanding bond, the governing body may levy a tax upon the occurrence of any deficiency, and may also levy such tax in anticipation of any deficiency for the purpose of paying the next maturing principal and interest. Taxes levied pursuant hereto may not exceed by more than five percent the deficiency for which they are levied, but are not subject to any other limitation as to rate or amount; and levies in excess of such limitation shall be invalid only as to the excess.

Source: SL 1947, ch 219, § 4; SDC Supp 1960, § 45.21A04 (3); SL 1984, ch 43, § 87A.
S.D. Codified Laws § 9-51-30 — SD Code / Title 9 / Chapter 51 / Section 9-51-30
Covenants and stipulations for administration of parking facilities and security of bondholders--Bondholders' right to compel performance--Lien not granted
Status: in_force

The resolution or ordinance authorizing the bonds as provided in §§ 9-51-13 to 9-51-28 , inclusive, may contain any reasonable and lawful covenants and stipulations for the proper operation and maintenance of the automobile parking facilities, for the administration of and the accounting for the income and revenues, and for the security of the bondholders, and the holder of any bond issued as provided in §§ 9-51-13 to 9-51-28 , inclusive, may compel by appropriate court action the performance thereof, whether or not his bond is in default. No mortgage or other lien on any automobile parking facilities may be given to secure any bonds issued under said sections.

Source: SL 1955, ch 216, § 7; SDC Supp 1960, § 45.02A07; SL 1984, ch 43, § 95.
S.D. Codified Laws § 9-12-21 — SD Code / Title 9 / Chapter 12 / Section 9-12-21
Rebate of municipal property taxes to further industry development goals
Status: in_force

Any second- or third-class municipality may rebate the municipal property taxes paid by any industry that furthers the municipality's industrial development goals. Any such municipality shall, by ordinance, develop a program that provides for the type of industry that qualifies for the rebate, the length of time the rebate may apply, and the criteria the industry shall meet in order to qualify for the rebate.

Source: SL 2021, ch 39, § 1.
S.D. Codified Laws § 9-4-4.6 — SD Code / Title 9 / Chapter 4 / Section 9-4-4.6
Contents of referendum petition--Signatures--Verification
Status: in_force

The petition shall contain the title of the resolution or the subject of the resolution and the date of its passage. The petition shall be signed by at least five percent of the registered voters residing in the combined area of the municipality and the special annexation precinct established pursuant to § 9-4-4.8 . The percentage shall be based on the number of voters in the municipality at the last preceding general election. Each voter shall add to the voter's signature the voter's place of residence, including street and house number, if any, and the date of signing. The referendum petition shall be verified in the same manner as a petition to initiate a law except that the person verifying shall state that each person signing the petition is a resident and registered voter of the municipality or special annexation precinct. No signature on the petition is valid if signed more than six months prior to the filing of the petition.

Source: SL 1979, ch 47, § 8; SL 1983, ch 52, § 1; SL 1988, ch 63, § 4; SL 2000, ch 19, § 2.
S.D. Codified Laws § 9-38-19 — SD Code / Title 9 / Chapter 38 / Section 9-38-19
Legal assistance to park board
Status: in_force

The city attorney as a part of his duties shall conduct all court proceedings under §§ 9-38-10 to 9-38-58 , inclusive, and shall be the legal adviser of the board. When in its judgment the interests of the first or second class municipality demand, the board may employ special counsel to assist the city attorney.

Source: SL 1915, ch 260, § 47; RC 1919, § 6491; SL 1923, ch 236, § 2; SDC 1939, § 45.2516; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-21-2 — SD Code / Title 9 / Chapter 21 / Section 9-21-2
Annual appropriation ordinance--Time of introduction--Contents--Enterprise and trust and agency funds
Status: in_force

The governing body of each municipality shall, no later than its first regular meeting in September of each year or within ten days thereafter, introduce the annual appropriation ordinance for the ensuing fiscal year, in which it shall appropriate the sums of money necessary to meet all lawful expenses and liabilities of the municipality. The ordinance shall specify the function and subfunction as prescribed by the Department of Legislative Audit for which the appropriations are made and the amount appropriated for each function and subfunction, which amount shall be appropriated from the proper fund. It is not necessary to appropriate revenue to be expended from an enterprise or trust and agency fund if the fund is not supported or subsidized by revenue derived from the annual appropriated tax levy. However, an annual budget for these funds shall be developed and published no later than December thirty - first of each year.

Source: SL 1890, ch 37, art XV, § 2; RPolC 1903, § 1296; SL 1913, ch 119, § 115; RC 1919, § 6334; SL 1921, ch 295, § 1; SDC 1939, § 45.1402; SL 1953, ch 257; SDC Supp 1960, § 45.1402 (1); SL 1983, ch 58; SL 1984, ch 58; SL 1985, ch 63.
S.D. Codified Laws § 9-34-15 — SD Code / Title 9 / Chapter 34 / Section 9-34-15
Public dances--Skating rinks
Status: in_force

Every municipality shall have power to license, tax, regulate, or prohibit public dances or public dance halls and skating rinks.

Source: SL 1909, ch 31; RC 1919, § 6169 (60); SL 1921, ch 308; SDC 1939, § 45.0201 (71).
S.D. Codified Laws § 9-40-17 — SD Code / Title 9 / Chapter 40 / Section 9-40-17
Revenue pledged to payment of extension and improvement bonds--Prior pledge for original bond issue
Status: in_force

If revenue bonds were issued pursuant to this chapter to make extensions, additions, or improvements to a utility previously owned by the municipality, then only the net income or revenues from such utility as so extended, added to, or improved can be pledged to the payment of such revenue bonds. The net income from the utility as extended, added to, or improved in such case shall be the excess of revenues or income remaining from time to time after first paying all reasonable and current expenses of maintenance, repairs, replacements, and operation including the interest on any general obligation bonds authorized to construct or acquire or improve such original utility and including the necessary debt service funds required to be provided for the retirement of said bond issues, and including the interest and debt service funds required annually to be paid or set aside on any refunding bonds issued to refund such general bonds issued for the original construction or acquisition or improvement of said utility, so extended, added to, or improved.

Source: SL 1931, ch 194, § 9; SDC 1939, § 45.2409; SL 1949, ch 191, § 4.
S.D. Codified Laws § 9-43-118 — SD Code / Title 9 / Chapter 43 / Section 9-43-118
Application of moneys collected in debt service fund for general obligation bonds--Tax levy for payment of general obligation bonds--Transfer of assessment bonds
Status: in_force

The moneys collected in and held by the debt service fund for the general obligation bonds shall be applied toward the payment of the general obligation bonds and interest, and the governing body may annually cause to be certified to the county auditor the amount applied. The governing body may direct that the tax levy collectible in the following year for the payment of the bonds be reduced by an amount not exceeding the sum certified. However, the municipality remains obligated to levy general taxes sufficient, together with other resources of the debt service fund, for the prompt payment of all principal and interest due on the general obligation bonds. No assessment bond transferred to any debt service fund pursuant to the provisions of § 9-43-116 may subsequently be transferred to any other fund until the general obligation bonds for which the fund is maintained have been fully paid with interest.

Source: SL 2012, ch 57, § 46.
S.D. Codified Laws § 9-25-13 — SD Code / Title 9 / Chapter 25 / Section 9-25-13
Maximum amount borrowed on promissory note
Status: in_force

The money borrowed pursuant to § 9-25-12 may not exceed the sum of ninety - five percent of the amount of anticipated special assessment bond proceeds or may not exceed the sum of ninety - five percent of the amount of uncollected taxes levied by the municipality for the current fiscal year plus other receivables of the fund, including state or federal grant moneys, which have been earned by the municipality or committed by the state or federal governments but not collected at the date of borrowing.

Source: SL 1978, ch 63, § 2; SL 1981, ch 70, § 2.
S.D. Codified Laws § 9-9-2 — SD Code / Title 9 / Chapter 9 / Section 9-9-2
Mayor or commissioner--Qualifications
Status: in_force

In accordance with § 9-14-2 , a person may be nominated, elected, or appointed as a mayor or as a commissioner if the person is a citizen of the United States and voter and resident of the municipality.

Source: SL 1913, ch 119, § 22; RC 1919, § 6220; SDC 1939, § 45.0802; SL 1970, ch 56, § 1; SL 1972, ch 154, § 22; SL 2018, ch 49, § 1; SL 2025, ch 38, § 28.
S.D. Codified Laws § 9-55-16 — SD Code / Title 9 / Chapter 55 / Section 9-55-16
Reassessment or changes in rate of levy of special assessment or occupation tax--Procedure
Status: in_force

If, subsequent to the levy of an occupation tax or a special assessment, the use of any parcel of land shall change so that, had the new use existed at the time of making such levy, the assessment or levy on such property would have been higher than the levy or assessment actually made, an additional assessment or levy may be made on such property by the governing body. The governing body shall take into consideration the new and changed use of such property. Reassessments or changes in the rate of levy of special assessments or occupation taxes may be made by the governing body after notice and hearing as provided in § 9-55-13 . The governing body shall adopt a resolution of intent to change the assessment or rate of levy at least thirty days prior to the hearing on such change. Such resolution shall specify the proposed change and shall give the time and place of the hearing.

Source: SL 1986, ch 81, § 16; SL 1990, ch 68, § 7.
S.D. Codified Laws § 9-14-28 — SD Code / Title 9 / Chapter 14 / Section 9-14-28
Salaries and compensation of municipal officers
Status: in_force

Except as otherwise specially provided, the governing body of every municipality shall fix and determine by ordinance or resolution the amount of salaries and compensation of all municipal officers and the times at which the same shall be paid.

Source: PolC 1877, ch 24, § 44; CL 1887, § 1069; SL 1893, ch 129, § 1; SL 1895, ch 144, §§ 1, 2; RPolC 1903, §§ 1256, 1258, 1458; SL 1913, ch 119, § 77; SL 1917, ch 316, § 1; RC 1919, § 6307; SDC 1939, § 45.1143; SL 1976, ch 80.
S.D. Codified Laws § 9-55-12 — SD Code / Title 9 / Chapter 55 / Section 9-55-12
Establishment or rejection of districts--Adoption of ordinance establishing district--Contents
Status: in_force

The governing body, following a hearing held pursuant to subdivision 9-55-7(2), may establish or reject any proposed district or districts. If the governing body decides to establish a district, it shall adopt an ordinance to that effect. The ordinance shall contain the following information:

(1) The number of the resolution of intent and the date it was adopted;

(2) The time and place of the hearing that was held on the formation of such district;

(3) A statement that a business improvement district has been established pursuant to the provisions of this chapter;

(4) The purposes of the district and the public improvements and facilities to be included in such district;

(5) The description of the boundaries of such district;

(6) A statement that the businesses and professions in the district shall be subject to the general business occupation tax or that the real property in the area will be subject to the special assessment authorized by § 9-55-2 ;

(7) The proposed method of assessment to be imposed on the property within the district or the initial rate of the occupation tax to be imposed on the business users of the space in the district; and

(8) Any penalties to be imposed for failure to pay the occupation tax.

Source: SL 1986, ch 81, § 12.
S.D. Codified Laws § 9-52-28 — SD Code / Title 9 / Chapter 52 / Section 9-52-28
Severability of chapter and resolutions
Status: in_force

If any provision of this chapter, or of any resolution or resolutions authorizing the issuance of bonds pursuant to this chapter, or the application thereof to any person or circumstances, shall be held invalid in any legal proceedings, such invalidity shall not affect other provisions or applications of this chapter or of such resolutions which can be given effect without the invalid provision or application, and shall not affect the validity of such bonds as special and limited obligations of the municipality issuing the same, and to this end all such resolutions shall be subject to all of the provisions and limitations of this chapter, and the provisions and applications of this chapter are declared to be severable.

Source: SL 1951, ch 246, § 10; SDC Supp 1960, § 45.24B10.
S.D. Codified Laws § 9-43-91 — SD Code / Title 9 / Chapter 43 / Section 9-43-91
Approval, equalization, amendment, or rejection of assessment roll
Status: in_force

At the time and place fixed for the hearing, the governing body shall meet to consider the assessment roll and hear any objections. At the hearing, the governing body may approve, equalize, amend, or reject the assessment roll.

Source: SL 2012, ch 57, § 19.
S.D. Codified Laws § 9-9-23 — SD Code / Title 9 / Chapter 9 / Section 9-9-23
Commissioner of utilities in five-commissioner municipality
Status: in_force

If a municipality is governed by a board consisting of five commissioners, the commissioner of utilities shall supervise the construction, maintenance, and operation of the waterworks, sewerage, and any other utility departments of the municipality. The commissioner of utilities shall enforce all regulations with respect to that department and its revenue.

Source: SDC 1939, § 45.0806 (4); SL 1991, ch 69, § 4; SL 2000, ch 35, § 3; SL 2018, ch 49, § 22.
S.D. Codified Laws § 9-45-18 — SD Code / Title 9 / Chapter 45 / Section 9-45-18
Viaduct costs borne and work done by railroads--Neglect as petty offense--Proceedings to compel compliance
Status: in_force

When two or more railroad companies own or operate separate lines of track to be crossed by any viaduct, the proportion of such viaduct and the approaches thereto to be constructed by each, or the cost to be borne by each, shall be determined by the governing body. Any railroad company shall proceed within the time and in the manner required by the governing body to construct, reconstruct, or repair any viaduct as required. It is a petty offense for any railroad company to neglect to perform such duty, and each day such company shall neglect to perform such duty shall constitute a separate offense.

Any such company may be compelled by mandamus or other appropriate proceeding to construct, reconstruct, or repair any viaduct so required.

Source: SL 1909, ch 126; RC 1919, § 6366; SDC 1939, §§ 45.1706, 45.9904; SL 1981, ch 43, § 20.
S.D. Codified Laws § 9-38-33 — SD Code / Title 9 / Chapter 38 / Section 9-38-33
Purposes for which acquired land used
Status: in_force

The lands which may be selected and obtained under the provisions of this chapter shall be used solely for parks, parkways, and boulevards, and for public libraries, museums, and art galleries.

Source: SL 1915, ch 260, § 46; RC 1919, § 6490; SL 1927, ch 173; SDC 1939, § 45.2521; SL 1967, ch 222, § 1.
S.D. Codified Laws § 9-13-24.1 — SD Code / Title 9 / Chapter 13 / Section 9-13-24.1
Certification of returns--Preservation of election material
Status: in_force

The returns from a municipal election must be certified by the precinct election board in each polling place, and the ballots, properly sealed in ballot boxes, together with the pollbooks, must be placed in the custody of the municipal finance officer.

The finance officer may destroy voted ballots, pollbooks, and all other election material relating to a municipal election twenty-two months after the election at which the ballots were voted.

Source: SL 2026, ch 36, § 1.
S.D. Codified Laws § 9-55-20 — SD Code / Title 9 / Chapter 55 / Section 9-55-20
Disposition of proceeds of tax or assessment upon abolishment
Status: in_force

Upon abolishment of a district, any proceeds of the occupation tax or the special assessment, or assets acquired with such proceeds, are subject to disposition as the governing body shall determine.

Source: SL 1986, ch 81, § 20.
S.D. Codified Laws § 9-41A-16 — SD Code / Title 9 / Chapter 41A / Section 9-41A-16
Indemnity of officers and employees for official acts--Liability insurance for protection
Status: in_force

A municipal power agency may indemnify any director, officer, employee, or agent of the municipal power agency, in connection with any threatened, pending, or completed action, suit, or proceeding, arising out of an act or omission occurring within the scope of the employment or exercise of duty by such director, officer, employee or agent as provided in § 3-19-1 . The municipal power agency may also procure insurance against any such liability of a director, officer, employee, or agent in such amount as the board of directors of the agency may determine to be necessary or desirable, without regard to the indemnity limit set forth in § 3-19-2 .

Source: SL 1978, ch 66, § 43.
S.D. Codified Laws § 9-29-18 — SD Code / Title 9 / Chapter 29 / Section 9-29-18
Duties of chief of police
Status: in_force

The chief of police shall perform such duties as shall be prescribed by the governing body for the preservation of the peace.

Source: SL 1890, ch 37, art XIII, § 1; RPolC 1903, § 1282; SL 1913, ch 119, § 101; RC 1919, § 6301; SL 1923, ch 239, § 1; SDC 1939, § 45.1133.
S.D. Codified Laws § 9-16-5.2 — SD Code / Title 9 / Chapter 16 / Section 9-16-5.2
Change of benefits--Restrictions
Status: in_force

No benefits, present or future, may be changed or modified in any manner unless the system's actuary or actuaries have prepared an actuarial statement showing the effect of those changes on the system. No benefits, present or future, may be changed or modified if the change or modification will bring the system into noncompliance with the provisions of § 9-16-5.1 .

Source: SL 1984, ch 56, § 7.
S.D. Codified Laws § 9-16-23 — SD Code / Title 9 / Chapter 16 / Section 9-16-23
Sources of municipal pension fund
Status: in_force

A municipal pension fund shall consist of:

(1) All sums of money or property that are contributed by gifts, devises, and bequests;

(2) In the case of a firemen's system, all money received by its respective first or second class municipality from the Division of Insurance of the State of South Dakota as its proportionate share of the insurance fund collected from the various insurance companies;

(3) All income derived from investments of moneys in the pension fund;

(4) An amount as may be annually designated by the governing body pursuant to law; and

(5) All contributions by members of the pension fund.

Source: SL 1927, ch 172, § 2; SL 1929, ch 189; SDC 1939, § 45.1206; SL 1939, ch 184; SL 1945, ch 200; SL 1955, ch 202, § 1; SDC Supp 1960, § 45.1206 (1) to (3); SL 1984, ch 56, § 30; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-43-130 — SD Code / Title 9 / Chapter 43 / Section 9-43-130
Approval, modification or rejection of plan
Status: in_force

At the hearing, the governing body shall consider any objections and may by resolution approve and adopt the proposed plan or change it in such manner as it may deem necessary. The governing body may adopt and approve the plan or may reject the plan and order a new plan prepared in accordance with §§ 9-43-81 and 9-43-82 .

Source: SL 2012, ch 57, § 58.
S.D. Codified Laws § 9-1-3 — SD Code / Title 9 / Chapter 1 / Section 9-1-3
Judicial notice of organization
Status: in_force

The courts of this state shall take judicial notice of the existence of all municipalities organized under the laws of this state and of any change of organization authorized by law.

Source: SL 1890, ch 37, art I, § 5; RPolC 1903, § 1174; SL 1913, ch 119, § 5; RC 1919, § 6158; SDC 1939, § 45.0108; SL 2024, ch 28, § 10.
S.D. Codified Laws § 9-41A-25 — SD Code / Title 9 / Chapter 41A / Section 9-41A-25
Purchase, sale, and transmission of electric energy--Agreements
Status: in_force

A municipal power agency may purchase, sell, exchange, or transmit electric energy within and outside the state in amounts it shall determine to be necessary and appropriate to make the most effective use of its powers and to meet its responsibilities, and may enter into agreements with any person with respect to that purchase, sale, exchange, or transmission, on terms and for a period of time as its board of directors determines.

Source: SL 1978, ch 66, § 28.
S.D. Codified Laws § 9-10-16 — SD Code / Title 9 / Chapter 10 / Section 9-10-16
Governing body to work through city manager--Violation as misdemeanor--Removal from office
Status: in_force

Except for the purpose of inquiry the governing body and its members shall deal with the administrative service solely through the manager, and it is a Class 2 misdemeanor for any member of the governing body to give orders to any subordinate of the manager. Upon conviction of a violation of this section, the court in which such conviction is had may in its discretion enter an order removing the member of the governing body so convicted from his office.

Source: SL 1935, ch 158, § 7; SDC 1939, §§ 45.0908, 45.9902; SL 1981, ch 43, § 14.
S.D. Codified Laws § 9-9-11 — SD Code / Title 9 / Chapter 9 / Section 9-9-11
Regular meetings of board
Status: in_force

The board shall meet at least once each week, or as otherwise determined by ordinance, in regular meeting at a time and place as fixed by the board, to consider, take under advisement, and act on the business as may come before the board.

Source: SDC 1939, § 45.0810; SL 1999, ch 38, § 1; SL 2018, ch 49, § 9.
S.D. Codified Laws § 9-41A-42 — SD Code / Title 9 / Chapter 41A / Section 9-41A-42
State approval not required for bonds and notes--Establishment and pledge of rents and charges
Status: in_force

Bonds or notes of a municipal power agency may be issued under the provisions of this chapter, and rents, rates, and charges may be established pursuant to § 9-41A-54 and pledged for the security of bonds or notes and interest and redemption premiums thereon, without obtaining the consent of any department, division, commission, board, bureau, or agency of the State of South Dakota and without any other proceeding or the happening of any other condition or occurrence except as specifically required by this chapter.

Source: SL 1978, ch 66, § 40.
S.D. Codified Laws § 9-43-121 — SD Code / Title 9 / Chapter 43 / Section 9-43-121
Separate fund to pay cost of local improvements
Status: in_force

A separate fund may be established to be used only to pay, in whole or in part, the cost of local improvements of the type for which the fund has been created and for which assessments are to be levied. Money in the fund may be used both to pay the portion of the cost of the improvement assumed by the municipality and to advance the portion of the cost ultimately to be paid from collections of assessments.

Source: SL 2012, ch 57, § 49.
S.D. Codified Laws § 9-9-6 — SD Code / Title 9 / Chapter 9 / Section 9-9-6
Mayor or commissioner--Resignation--Effect of moving residence--Filling of vacancy--Temporary absence or incapacity
Status: in_force

If the mayor or a commissioner resigns, the resignation must be submitted in writing to the board of commissioners and must specify the effective date of the resignation.

If the mayor or a commissioner moves to a permanent residence outside the corporate limits of the municipality, the office is immediately vacated.

If there is a vacancy in the office of mayor, the vacancy must be filled by appointment pursuant to § 9-9-8 until the position is filled by election at the next annual municipal election or by special election as provided in § 9-13-14.2 . A vacancy on the board must be filled as provided in § 9-13-14.1 or 9-13-14.2 .

A temporary absence or temporary incapacitation of the mayor is not considered a vacancy in the office of the mayor.

Source: SL 1913, ch 119, § 16; RC 1919, § 6223; SDC 1939, § 45.0804; SL 1968, ch 181; SL 1979, ch 50, § 4; SL 1992, ch 60, § 2; SL 2005, ch 48, § 3; SL 2018, ch 49, § 5; SL 2025, ch 38, § 30.
S.D. Codified Laws § 9-45-37 — SD Code / Title 9 / Chapter 45 / Section 9-45-37
Record of street proceedings kept by auditor or clerk
Status: in_force

The auditor or clerk shall keep in his office a record of all proceedings taken in the matter of opening, altering, vacating, paving, or otherwise improving any street, alley, or other public ground, and after the confirmation of any report in such matters he shall record all the proceedings taken in relation to the same.

Source: SL 1890, ch 37, art XVI, § 14; RPolC 1903, § 1302; RC 1919, § 6355; SDC 1939, § 45.1709.
S.D. Codified Laws § 9-39-22 — SD Code / Title 9 / Chapter 39 / Section 9-39-22
Purchase of supplies by utility board--Wholesale purchase of utility service
Status: in_force

The municipal utility board shall have power to buy all fuel and supplies and where the utility is engaged in distribution it may purchase wholesale electric energy, steam heat, gas, or water as the case may be for municipal distribution.

Source: SL 1955, ch 221, § 4; SDC Supp 1960, § 45.3904 (3).