S.D. Codified Laws § 9-42-12 — SD Code / Title 9 / Chapter 42 / Section 9-42-12
Approval and adoption of work required before payment--Progress payments--Interest on delayed payments
Status: in_force

No payment may be made upon any contract for any local improvement until the work is approved and adopted by resolution of the governing body. However, the contracts may permit progress payments, but an amount necessary to complete the improvement shall be retained from the final payment until the contract is executed in full and the public improvement completed to the satisfaction and acceptance of the public corporation or its governing body. Further, if the contractor has furnished the governing body all required records and reports and a final inspection has been made, the governing body shall pay to the contractor interest as set by the governing body at a rate of not less than the Category E rate of interest as established by § 54-3-16 on the amounts retained and on the final payment due the contractor, beginning thirty days after the work under the contract has been completed, as evidenced either by the completion date established by the resolution of the governing body or by the use and occupancy of the public improvement. The interest shall continue until the date when payment is tendered to the contractor, unless delay in payment has been the result of federal participation in the contract, in which event interest may not begin until thirty days after payment by the federal authority involved.

Source: SL 1890, ch 37, art XX, § 5; RPolC 1903, § 1345; RC 1919, § 6351; SL 1931, ch 187; SDC 1939, § 45.1505; SL 1955, ch 205; SL 1963, ch 281; SL 1977, ch 79, § 1; SL 1983, ch 28, § 23; SL 1984, ch 319, § 8; SL 1987, ch 57, § 2.
S.D. Codified Laws § 9-17-7 — SD Code / Title 9 / Chapter 17 / Section 9-17-7
Schools and promotional activities of South Dakota Firefighters' Association, Incorporated
Status: in_force

The South Dakota Firefighters Association, Incorporated, shall hold annual schools for the purpose of instruction and drilling, as well as testing modern methods and fire extinguishing apparatus, and in general shall encourage and promote the protection of property from loss and destruction by fire.

The time and place of the annual school shall be fixed by the South Dakota Firefighters Association, Incorporated.

Source: SL 1911, ch 157, § 3; RC 1919, § 10176; SL 1919, ch 206, § 3; SL 1931, ch 154; SDC 1939, § 20.0102; SL 1965, ch 101; SL 1975, ch 86, § 2; SL 2006, ch 31, § 2.
S.D. Codified Laws § 9-38-90.3 — SD Code / Title 9 / Chapter 38 / Section 9-38-90.3
Funds of combined board
Status: in_force

Subsequent to any such consolidation, the receipts derived from the separate levies provided for park and for recreation purposes may be maintained in separate accounts, or the governing body may provide for their being combined into one account.

Source: SL 1969, ch 191, § 3.
S.D. Codified Laws § 9-23-5 — SD Code / Title 9 / Chapter 23 / Section 9-23-5
Warrants paid in order of presentation
Status: in_force

All warrants upon the treasurer shall be paid out of the fund on which they were drawn in the order of their presentation.

Source: SL 1874-5, ch 74, § 1; PolC 1877, ch 50, § 1; CL 1887, § 1671; SL 1890, ch 37, art VIII, § 4; RPolC 1903, §§ 1250, 2251; SL 1913, ch 119, § 71; SL 1913, ch 359; RC 1919, §§ 6291, 6973; SDC 1939, §§ 45.1123, 45.1418; SL 1950 (SS), ch 11, § 1.
S.D. Codified Laws § 9-38-90.2 — SD Code / Title 9 / Chapter 38 / Section 9-38-90.2
Members of combined board--Supervision
Status: in_force

The governing body of the municipality shall determine the number of members of the park and recreation board. The park and recreation 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 and recreation board in a manner consistent with law.

Source: SL 1969, ch 191, § 2; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-32-16 — SD Code / Title 9 / Chapter 32 / Section 9-32-16
Rates for perpetual care and burial spaces
Status: in_force

The board shall have the power to set rates for perpetual care and the amount to be received for the sale of burial spaces.

Source: SL 1971, ch 71, § 2.
S.D. Codified Laws § 9-19-14 — SD Code / Title 9 / Chapter 19 / Section 9-19-14
Recording in ordinance book
Status: in_force

After an ordinance takes effect, the municipal finance officer shall record the ordinance and a certificate of the date of its publication in a book to be known as the "ordinance book," and file the affidavit of publication with the original ordinance.

Source: SL 1890, ch 37, art IV, § 16; RPolC 1903, § 1213; RC 1919, § 6247; SDC 1939, § 45.1005; SL 2026, ch 33, § 44.
S.D. Codified Laws § 9-54-12 — SD Code / Title 9 / Chapter 54 / Section 9-54-12
Compliance with federal requirements for tax exemption
Status: in_force

Notwithstanding any provision under the laws of the State of South Dakota, a municipality in order to accomplish the purposes provided in this section and chapter 6-8B may perform all acts necessary to comply with the requirements of § 103 of the Internal Revenue Code of 1954, as amended, and any regulation promulgated pursuant to § 103 to insure that all interest from bonds issued under this chapter is tax exempt.

All hearings or acts necessary to comply with § 103(k) of the Internal Revenue Code of 1954, as amended, and any regulations promulgated pursuant to § 103(k) are exempt from the requirements and procedures of chapter 1-26 .

The Governor is the approving representative for the state for the purpose of complying with the applicable provisions of § 103(k) of the Internal Revenue Code of 1954, as amended, and any regulation promulgated pursuant to § 103(k) necessary to insure that all interest from bonds issued is tax exempt.

Source: SL 1984, ch 43, § 58.
S.D. Codified Laws § 9-14-31 — SD Code / Title 9 / Chapter 14 / Section 9-14-31
9-14-31. Officers and employees covered by insurance authorization
Status: in_force

The term "employee" is defined to include all persons who receive more than fifty percent of all compensation for personal services, rendered to the State of South Dakota, or to any of its governmental subdivisions, or to any of the several offices, boards, and departments thereof. The term "officer" is defined to include all appointive and elective officers of the municipalities of the State of South Dakota, or of the several offices, boards, and departments thereof, whose official duties, as such officers, require not less than one - half of their time.
S.D. Codified Laws § 9-43-104 — SD Code / Title 9 / Chapter 43 / Section 9-43-104
Payment without interest or interest to the date of payment
Status: in_force

Any assessment or installment under Plan One or Plan Two may be paid without interest to the municipal finance officer at any time within thirty days after the approval of the assessment roll. Thereafter, and before the due date of the first installment, the entire assessment remaining, or any number of installments, plus interest from the approval date to the date of payment may be paid to the municipal finance officer. After the due date of the first installment, if the installments that are due together with interest have been paid, any of the remaining installments not yet due may be paid without additional interest to the municipal finance officer. All installments paid before their respective due dates shall be paid in inverse order of their due dates.

Source: SL 2012, ch 57, § 32.
S.D. Codified Laws § 9-51-25 — SD Code / Title 9 / Chapter 51 / Section 9-51-25
Agreement to levy tax to cover deficiency--Levy notwithstanding omission of covenant--Levy in anticipation of deficiency--Maximum levy
Status: in_force

The municipality may agree that in the event of a deficiency in the revenue fund as set up in the ordinance, the governing body shall levy an ad valorem tax upon all the taxable property within the municipality in such amount as may be necessary to pay such deficiency. Such 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 such tax whenever any amount of principal and interest shall become due and the moneys in said revenue fund shall be insufficient to pay the same. Notwithstanding the omission of such covenants in the ordinance 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 such 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 shall not exceed by more than five percent the deficiency or estimated deficiency for which they are levied, but shall not be subject to any other tax levy limitation provided by law. Levies in excess of the limitations herein shall be invalid only as to such excess.

Source: SL 1955, ch 216, § 6; SDC Supp 1960, § 45.02A06 (2).
S.D. Codified Laws § 9-40-40 — SD Code / Title 9 / Chapter 40 / Section 9-40-40
Sale and lease-back powers additional--Restrictions
Status: in_force

The powers conferred by §§ 9-40-37 and 9-40-38 are in addition to all other powers conferred upon the governing body of any municipality, and their exercise shall be subject only to such restrictions as may be provided by the South Dakota Constitution and are not subject to any restriction or procedural requirements prescribed by any other law.

Source: SL 1985, ch 66, § 4.
S.D. Codified Laws § 9-46-2 — SD Code / Title 9 / Chapter 46 / Section 9-46-2
Liability of adjoining property owner for failure to keep sidewalks in repair
Status: in_force

Any owner of real property who fails to keep the sidewalks abutting or adjoining the property in repair creates or maintains a public nuisance and the owner is liable to the municipality for any damage or injury caused by neglect and responsible for the costs of abating the public nuisance pursuant to § 21-10-6 .

Source: SL 1890, ch 37, art XVI, § 24; RPolC 1903, § 1312; RC 1919, § 6363; SDC 1939, § 45.1605; SL 1986, ch 80; SL 2020, ch 30, § 4.
S.D. Codified Laws § 9-21A-12 — SD Code / Title 9 / Chapter 21A / Section 9-21A-12
Certification of tax levy to county auditor--Allocation and spread of levies
Status: in_force

The amount of taxes levied each year by each municipality shall be certified to the county auditor in the manner now or hereafter provided by law. Taxes levied for payment of bonds shall continue to be spread upon all taxable property within the boundaries of the municipality in proportion to the assessed valuation thereof. The remaining amount of the taxes levied each year shall be allocated by the county auditor to the urban service district and the rural service district in amounts proportionate to the current benefit ratio times the current benefit between the full and true values of all taxable property within the urban service district and all taxable property within the rural service district. Within each district, the amount so allocated shall be spread upon all taxable property in proportion to the assessed valuation thereof.

Source: SL 1972, ch 68, § 9.
S.D. Codified Laws § 9-41A-55 — SD Code / Title 9 / Chapter 41A / Section 9-41A-55
Pledge of revenues to bonds, notes and contractual obligations
Status: in_force

A municipal power agency may pledge its rates, rents, and other revenues, or any part thereof, as security for the repayment, with interest and redemption premiums, if any, of the moneys borrowed by it or advanced to it for any of its authorized purposes and as security for the payment of amounts due and owed by it under any contract.

Source: SL 1978, ch 66, § 47.
S.D. Codified Laws § 9-13-28 — SD Code / Title 9 / Chapter 13 / Section 9-13-28
Notice to persons elected--Time allowed for qualification
Status: in_force

The finance officer, within two days after the result of the election is declared, shall notify each person elected to office of the person's election. If a person does not qualify by filing an oath or affirmation of office in the usual form provided by law within ten days after the first meeting of the month next succeeding the election, the office becomes vacant.

Source: SDC 1939, § 45.1324; SL 2002, ch 47, § 1; SL 2008, ch 34, § 5; SL 2009, ch 69, § 9.
S.D. Codified Laws § 9-21-33 — SD Code / Title 9 / Chapter 21 / Section 9-21-33
Contributions to technical colleges
Status: in_force

The governing body of a municipality may contribute sums of money to provide general operating and capital support to any technical college and other career and technical education purposes. The funds necessary to execute this section may be appropriated from the municipal general fund, the capital outlay fund, or both.

Source: SL 2014, ch 93, § 1, eff. Mar. 28, 2014; SL 2020, ch 61, § 35.
S.D. Codified Laws § 9-33-6 — SD Code / Title 9 / Chapter 33 / Section 9-33-6
City building inspections and permits
Status: in_force

Every first or second class municipality shall have power to provide for the inspection of buildings and the issuance of building permits and fix the fees therefor.

Source: SL 1913, ch 119, § 53, subdiv 83; RC 1919, § 6170 (13); SDC 1939, § 45.0202 (5); SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-45-15 — SD Code / Title 9 / Chapter 45 / Section 9-45-15
Change of grade of street--Municipal liability for damage to abutting property
Status: in_force

After the grade of any street has been established as provided by § 9-45-14 , the municipality shall, if it changes the grade, be liable to the abutting property owners for any damage they may sustain by reason of any permanent improvements having been made in conformity to the grade as first established.

Source: SL 1890, ch 37, art XVI, § 18; RPolC 1903, § 1306; RC 1919, § 6356; SDC 1939, § 45.1707.
S.D. Codified Laws § 9-33-7 — SD Code / Title 9 / Chapter 33 / Section 9-33-7
Safety in theaters and places of amusement
Status: in_force

Every municipality shall have power to regulate and provide for the inspection of places of amusement and to require theaters and other places of amusement to provide asbestos stage curtains and sufficient and proper aisles and exits for escape in case of fire.

Source: SL 1890, ch 37, art V, § 1, subdiv 30, 46, 49; RPolC 1903, § 1229, subdiv 46; SL 1913, ch 119, § 53, subdiv 46; RC 1919, § 6169 (59); SDC 1939, § 45.0201 (51).
S.D. Codified Laws § 9-39-27 — SD Code / Title 9 / Chapter 39 / Section 9-39-27
Audit and allowance of claims against public utilities fund
Status: in_force

The municipal utility board shall in the same manner and to the same extent as the governing board under chapter 9-23 audit claims to be paid from the public utilities fund under the control of said board, which claims arise by reason of the operation of utilities under the management and control of said board. As to such claims the municipal utility board shall assume the duties of the governing body under said chapter 9-23 .

Source: SL 1955, ch 221, § 5; SDC Supp 1960, § 45.3905 (2); SL 1961, ch 253.
S.D. Codified Laws § 9-22-12 — SD Code / Title 9 / Chapter 22 / Section 9-22-12
Investment of debt service funds, surplus, utility revenues and bond proceeds--Special assessment bonds and certificates--Interest on investments
Status: in_force

Every municipality maintaining a debt service fund for the payment of outstanding bonds, and every municipality having outstanding revenue bonds and having accumulated "surplus funds" as contemplated by §§ 9-40-30 and 9-40-32 , and every municipality owning a public utility or public utilities and having an accumulation of earned reserve or earned surplus funds therefrom, and every municipality having sold its bonds, the proceeds from the sale of which, in the opinion of the governing body, are temporarily not required to carry out the purpose for which the bonds were issued shall keep the accumulations in said funds deposited with the lawful depositories, or invested in registered warrants or bonds of any municipal or public corporation, including those of the municipality issuing such bonds, of the State of South Dakota, or bonds of the United States, or bonds or securities of any kind issued by the State of South Dakota. Nothing herein contained, however, shall be deemed to prevent the transfer, when authorized by law, of special assessment bonds and certificates issued on account of any local improvement to the debt service fund for general obligation bonds, the proceeds of which have been used to finance such improvement. The interest accruing on such investment shall be credited to such fund from which the investment was made.

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 § 9-27-3 — SD Code / Title 9 / Chapter 27 / Section 9-27-3
Payment by municipality of prior lien--Foreclosure after municipal failure to pay
Status: in_force

The governing body shall have power to pay a prior lien or liens out of any moneys in its general fund in order to protect its interests in property described by § 9-27-2 . The holder of a prior lien may foreclose or otherwise realize upon the same if such municipality shall fail to pay said lien either by a sale of such property or otherwise within ninety days after written demand shall have been made upon the governing body.

Source: SL 1935, ch 156, § 3; SDC 1939, § 45.2120.
S.D. Codified Laws § 9-51-9 — SD Code / Title 9 / Chapter 51 / Section 9-51-9
Parking facility financing law--Definition of terms
Status: in_force

The term "automobile parking facilities" as used in §§ 9-51-9 to 9-51-34 , inclusive, shall include off - street parking lots, lanes, garages, ramps, buildings, or other structures and accessories used or useful in the parking of motor vehicles including parking meters and traffic devices. Such facilities may be on the surface, above or under the ground.

The term "revenue" or "revenues" as used in §§ 9-51-9 to 9-51-34 , inclusive, shall include the moneys or proceeds from the rates, rents, fees, or charges collected and received by a municipality for the use of or benefits received from off - street parking facilities and, to the extent determined by the ordinance or ordinances adopted hereunder, from on - street parking facilities and including rents and income from the leasing of off - street parking facilities.

Source: SL 1955, ch 216, § 2; SDC Supp 1960, § 45.02A02.
S.D. Codified Laws § 9-21-3 — SD Code / Title 9 / Chapter 21 / Section 9-21-3
Appropriations limited to municipal powers
Status: in_force

No money belonging to any municipality shall be appropriated except for such objects and the defraying of such expenses as necessarily arise in the exercise of the powers granted to it.

Source: PolC 1877, ch 24, § 24; CL 1887, § 1045; RPolC 1903, § 1443; RC 1919, § 6345; SDC 1939, § 45.1406.
S.D. Codified Laws § 9-39-37 — SD Code / Title 9 / Chapter 39 / Section 9-39-37
Petition for sale, lease, or operating contract for utility--Number of signers required
Status: in_force

Before any sale, conveyance, lease, or operating contract is made of any plant or equipment of any public utility owned by the municipality, there is filed with the municipal finance officer a petition signed by at least fifteen percent of the registered voters of the municipality, based upon the total number of registered voters at the last preceding general election, requesting that the proposition be submitted to the voters at a regular or special election, which petition shall be filed at least ten days preceding the date set for such regular or special election.

Source: SL 1917, ch 314; RC 1919, § 6169 (19); SL 1925, ch 242; SL 1929, ch 201; SL 1931, ch 195; SDC 1939, § 45.1305; SL 1976, ch 84, § 2; SL 1987, ch 67, § 18.
S.D. Codified Laws § 9-38-96 — SD Code / Title 9 / Chapter 38 / Section 9-38-96
Recreation board recommendations by resolution--Ordinance based on recommendation
Status: in_force

Any recommendation by the recreation board to the governing body shall be by resolution. When any ordinance of the governing body shall be passed upon the recommendation of the recreation board, it shall not be necessary for such ordinance to recite at length the resolution of the recreation board recommending the same, but it shall be sufficient to recite the fact of such recommendation by such recreation board, which recital shall be conclusive of the making and regularity of such resolution in all proceedings thereafter.

Source: SL 1949, ch 202, § 12; SDC Supp 1960, § 45.3212.
S.D. Codified Laws § 9-19-18 — SD Code / Title 9 / Chapter 19 / Section 9-19-18
Evidence of ordinances and resolutions
Status: in_force

An original ordinance or resolution, the record or a certified copy of the record, or any compilation or revision of ordinances printed under the authority of the municipality are admissible in evidence without further proof.

Source: PolC 1877, ch 24, § 57; CL 1887, § 1094; SL 1890, ch 37, art IV, § 16; RPolC 1903, §§ 1213, 1470; RC 1919, § 6247; SDC 1939, § 45.0113; SL 2026, ch 33, § 49.
S.D. Codified Laws § 9-38-101 — SD Code / Title 9 / Chapter 38 / Section 9-38-101
Expenses paid out of appropriated funds--Expenditure as other municipal funds
Status: in_force

Except as otherwise specifically provided all sums used for the purpose of acquiring, equipping, and maintaining land, buildings, or recreational facilities as authorized by chapter 42-2 and § 9-38-78 and all sums required for the general expenses of the recreation board shall be paid out of money appropriated for that purpose. Such money shall be appropriated and expended in the same manner as other money is appropriated and expended by the governing body of the first or second class municipality.

Source: SL 1949, ch 202, § 21; SDC Supp 1960, § 45.3221; SL 1978, ch 62, § 19; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-21-26.1 — SD Code / Title 9 / Chapter 21 / Section 9-21-26.1
Transfer of surplus funds--Restrictions
Status: in_force

The governing body may by a two - thirds vote transfer the surplus money in any of the several funds to any other fund or funds or may appropriate such surplus money to the payment of any outstanding indebtedness of the municipality. No money in any fund may be transferred unless a sufficient amount is left to pay all outstanding warrants drawn against the fund, together with any other indebtedness or contemplated expenditures from the fund for the current fiscal year. No money may be transferred from any sinking or interest fund unless sufficient money is left to pay all interest which may accrue on and the principal of all outstanding bonds. If there remains in the treasury of any municipality an unexpended balance of any special fund, and all claims against such fund have been fully paid, and the purpose for which it was created has been fully served, and there remains no further use for such balance for the purpose for which it was created, the governing board of the municipality may transfer such balance to any other fund of the municipality or subdivision to which such balance belongs. Enterprise funds are not construed to be special funds for purposes of this section.

Source: SL 1993, ch 73, § 2.
S.D. Codified Laws § 9-16-5.5 — SD Code / Title 9 / Chapter 16 / Section 9-16-5.5
Administrator--Qualifications--Employees--Bond
Status: in_force

The Board of Trustees may appoint an administrator, who shall be qualified by training and experience requirements set by the board. The administrator may hire additional employees as may be required to transact the business of the retirement system. The board shall require bonding of the administrator in an amount set by the board, which may be included under any municipal employees' blanket bond. The bond premium may be paid by the system.

Source: SL 1984, ch 56, § 10.
S.D. Codified Laws § 9-12-18 — SD Code / Title 9 / Chapter 12 / Section 9-12-18
Power to maintain abandoned cemetery--Cemetery board--Funds
Status: in_force

The governing body of any municipality may regulate and maintain in a reasonable manner any abandoned cemetery, which regulation and maintenance may include, but need not be limited to, the mowing and cutting of weeds and grass, the repairing of fences and corrective measures relative to grave markers. The governing body may appoint a cemetery board of directors to manage such abandoned cemeteries. The cemetery board shall have the same powers as nonprofit corporations as provided in § 47-22-55 and shall submit annual reports to the governing body on its activities. Funds necessary to carry out the provisions of this section may be appropriated from the municipal general fund.

Source: SL 1990, ch 59.
S.D. Codified Laws § 9-38-39 — SD Code / Title 9 / Chapter 38 / Section 9-38-39
Grading of streets after condemnation--Jury assessment of benefits and damages
Status: in_force

In all cases of the condemnation of private property under the provisions of §§ 9-38-10 to 9-38-58 , inclusive, for the opening or establishing of any parkway, road, boulevard, or street to be controlled by the board, the governing body, upon the recommendation of the board, by ordinance may establish the grade of that portion of such boulevard, parkway, road, or street proposed to be condemned and opened or established, and provide for the grading of the same.

In such case the petition required to be filed for the condemnation of private property shall state that benefits and damages, if any, arising from the grading of such boulevard, parkway, road, or street to the established grade shall be assessed by the jury in said condemnation proceedings. The jury shall find the amount of damages, if any, and benefits and in assessing the benefits shall consider the benefits caused by the opening of such boulevard, parkway, road, or street.

Source: SL 1915, ch 260, §§ 76, 77; RC 1919, §§ 6519, 6520; SDC 1939, § 45.2524.
S.D. Codified Laws § 9-22-22 — SD Code / Title 9 / Chapter 22 / Section 9-22-22
Bond record maintained by auditor or clerk
Status: in_force

The auditor or clerk shall make and keep a list of outstanding municipal bonds, to whom issued, for what purpose, when and where payable, and the rate of interest they respectively bear, and recommend such action to the governing body as will secure the prompt payment of the principal and interest of such bonds.

Source: SL 1890, ch 37, art VII, § 2; RPolC 1903, § 1245; SL 1913, ch 119, § 66; RC 1919, § 6286; SL 1921, ch 314; SDC 1939, § 45.1120; SL 1961, ch 248.
S.D. Codified Laws § 9-38-98 — SD Code / Title 9 / Chapter 38 / Section 9-38-98
Acceptance of gifts to first or second class municipality for recreational purposes
Status: in_force

Real or personal property or the income thereof may be granted, bequeathed, devised, or conveyed to the first or second class municipality for the recreational purposes authorized by chapter 42-2 and upon such conditions as may be prescribed by the grantors, donors, or devisors thereof and agreed to by the governing body of the municipality and the recreation board.

Source: SL 1949, ch 202, § 17; SDC Supp 1960, § 45.3217; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-22-4 — SD Code / Title 9 / Chapter 22 / Section 9-22-4
Assignment of delinquent accounts receivable--Disposition of uncollectible accounts
Status: in_force

Every municipality may assign for collection any or all delinquent accounts receivable. After reasonable collection efforts the governing body may determine that an account is uncollectible, and by formal action direct that the uncollectible amount be removed from the records and disclosed on that year's financial report. Evidence of the debt removed from the records by the formal action of the governing body shall be retained by the municipality to support possible subsequent collection of that debt.

Source: SDC Supp 1960, § 45.0201-1 (23) as added by SL 1964, ch 138; SL 1974, ch 74; SL 1979, ch 57.
S.D. Codified Laws § 9-38-66 — SD Code / Title 9 / Chapter 38 / Section 9-38-66
References in revenue bonds to authorizing resolution--Negotiability of bonds
Status: in_force

Bonds issued pursuant to §§ 9-38-61 to 9-38-75 , inclusive, may refer to the authorizing resolution or resolutions for matters not expressed in the bonds, but they shall be negotiable investment securities within the meaning of chapter 57A-8 notwithstanding any conditions expressed therein or in the resolutions.

Source: SL 1957, ch 258, § 5; SDC Supp 1960, § 45.24D05; SL 1984, ch 43, § 75.
S.D. Codified Laws § 9-40-5 — SD Code / Title 9 / Chapter 40 / Section 9-40-5
Bond issue for erection or acquisition of utility--Credit of municipality not used--Authorization--Issuance--Sale
Status: in_force

For the purpose of defraying the cost of erecting, acquiring, and establishing the utility, any municipality may borrow money and issue negotiable bonds, without pledging or using the credit of the municipality. All bonds shall be authorized, issued, and sold as provided in chapter 6-8B .

Source: SL 1931, ch 194, § 2; SDC 1939, § 45.2402; SL 1949, ch 191, § 2; SL 1982, ch 75, § 6; SL 1984, ch 43, § 76.
S.D. Codified Laws § 9-9-27 — SD Code / Title 9 / Chapter 9 / Section 9-9-27
Board of three commissioners--Areas of responsibility
Status: in_force

If a municipality is governed by a board consisting of three commissioners, all matters not designated to the mayor must be assigned or apportioned as equally as may be between the commissioners by resolution of the board adopted by a majority vote of all the commissioners at the first meeting of the board in the month following the election each year.

Source: SDC 1939, § 45.0807 (2); SL 1992, ch 60, § 2; SL 2000, ch 35, § 5; SL 2018, ch 49, § 26; SL 2025, ch 38, § 38.
S.D. Codified Laws § 9-14-9 — SD Code / Title 9 / Chapter 14 / Section 9-14-9
Bond filed with finance officer
Status: in_force

Any bond provided for in § 9-14-6 must be filed, after approval, with the municipal finance officer.

Source: SL 1890, ch 37, art VI, § 5; RPolC 1903, § 1238; SL 1913, ch 119, § 60; RC 1919, § 6272; SL 1920 (SS), ch 72; SDC 1939, § 45.1106; SL 1981, ch 44, § 20; SL 1995, ch 45, § 3; SL 2026, ch 33, § 8.
S.D. Codified Laws § 9-4-4.7 — SD Code / Title 9 / Chapter 4 / Section 9-4-4.7
Election on annexation--Referendum provisions applicable
Status: in_force

The governing body shall within ten days after the presentation of a petition pursuant to § 9-4-4.5 , fix a date for holding a special election, to be on a Tuesday not less than thirty nor more than fifty days from the date of the order of the governing body. If a petition is filed on or after January first prior to the regular municipal election and within sufficient time to comply with the provisions of § 9-13-14 , the question must be submitted at that election.

A special election must be conducted pursuant to §§ 9-20-12 to 9-20-14 , inclusive, and §§ 9-20-16 and 9-20-17 , and must be under the charge of the municipal finance officer.

Source: SL 1979, ch 47, § 10; SL 1981, ch 63; SL 1983, ch 53, § 1; SL 2026, ch 32, § 2.
S.D. Codified Laws § 9-7-7 — SD Code / Title 9 / Chapter 7 / Section 9-7-7
Quorum--Majority required for action
Status: in_force

A majority of the members of the board of trustees constitutes a quorum, but an act of the board is not effective unless assented to by a majority of the members. Unless a vacancy exists due to removal, resignation, death, or by operation of law, the quorum consists of the majority of all the trustees qualified to serve as trustees by election or appointment pursuant to chapter 9-13 .

Source: RC 1919, § 6203; SDC 1939, § 45.0607; SL 2025, ch 38, § 17.
S.D. Codified Laws § 9-8-4 — SD Code / Title 9 / Chapter 8 / Section 9-8-4
Common council--Composition--Election and terms of aldermen--Vacancy--Resignation
Status: in_force

The common council consists of the mayor elected at large and two aldermen elected from and by the voters of each ward of the municipality. The term of office for each alderman is two years, unless a municipality adopts an ordinance establishing the term of office to be three, four, or five years.

Except as otherwise provided in § 9-8-2 , 9-13-14.1 , or 9-13-14.2 , the mayor and aldermen hold office until their successors are elected and qualified. If the municipality adopts an ordinance establishing the term of office to be three, four, or five years, the council shall, by ordinance, stagger the initial terms of the alderman in each ward prior to the first election of aldermen, so that the aldermen from the same ward are not up for reelection at the same election. An individual may hold the office of alderman for more than one term. A vacancy in the office of an alderman is filled as provided in § 9-13-14.1 or 9-13-14.2 .

A resignation by an alderman must be in writing and must specify the effective date of the resignation.

Source: SDC 1939, § 45.0703; SL 1998, ch 44, § 1; SL 2005, ch 48, § 2; SL 2017, ch 56, § 5; SL 2025, ch 38, § 21; SL 2026, ch 32, § 9.
S.D. Codified Laws § 9-38-56 — SD Code / Title 9 / Chapter 38 / Section 9-38-56
Ordinance required for building of railway across park or boulevard
Status: in_force

No railway shall be built into, through, or over any park, parkway, or boulevard without the consent of the governing body evidenced by ordinance passed upon recommendation of the board.

Source: SL 1915, ch 260, § 61; RC 1919, § 6504; SDC 1939, § 45.2523.
S.D. Codified Laws § 9-47-8 — SD Code / Title 9 / Chapter 47 / Section 9-47-8
Classification of water pipes and mains
Status: in_force

Water pipes or mains are classified as:

(1) A service pipe or main is one designed to supply water to the property abutting upon the particular street or way in which it is laid;

(2) A trunk pipe is one designed to supply water to the property abutting upon the street or way in which it is laid and to other pipes or mains in a defined district or portion of the municipality;

(3) A supply pipe or main is any pipe, ditch, flume, conduit, or other appliance designed to conduct a supply of water from its source to the municipality.

Source: RC 1919, §§ 6388 to 6391; SDC 1939, § 45.1901.
S.D. Codified Laws § 9-43-112 — SD Code / Title 9 / Chapter 43 / Section 9-43-112
Sale of parcel for nonpayment of taxes and assessments--Redemption
Status: in_force

If the combined taxes and assessment installments under Plan One or delinquent Plan Two are not paid, the parcel may be sold for all such taxes and assessments in accordance with chapter 10-23 . There may be no separate sale as provided in § 10-23-1 but each parcel may be sold for both taxes and special assessments at a single sale, and redemption must be made by payment of all such special assessments and taxes. No tax sale relieves the land from liability for subsequent installments of special assessments.

Source: SL 2012, ch 57, § 40.
S.D. Codified Laws § 9-54-8.1 — SD Code / Title 9 / Chapter 54 / Section 9-54-8.1
Lease with option to purchase--Title acquired before bonds retired--Pledge for payment of bonds
Status: in_force

Any lease agreement may grant an option to the lessee to purchase the project at a price and upon other conditions sufficient to assure the payment and redemption of the bonds and payment and reimbursement of all such other charges and costs. Any lease or sale agreement may provide for acquisition of title to the project by the lessee or purchaser in advance of the retirement of the bonds, if such retirement is assured by the deposit with the municipality or the trustee of funds or of bonds or other obligations issued by the lessee or purchaser to the municipality, or bonds or other obligations issued or guaranteed by the United States or an agency thereof, which are payable as to principal and interest at the times and in the amounts required to pay the municipality's bonds at or before maturity and all interest and redemption premiums thereon when due. In this event the payments of principal and interest on such obligations, and any mortgage or pledge of property or funds securing such payments, shall be irrevocably pledged for the payment of the bonds, interest and redemption premiums and payment and reimbursement of all other costs.

Source: SDCL, § 9-54-8 as added by SL 1973, ch 59, § 8.
S.D. Codified Laws § 9-26-23 — SD Code / Title 9 / Chapter 26 / Section 9-26-23
Agreement with judgment creditor for satisfaction of judgment on delivery of bonds--Filing of agreement
Status: in_force

No judgment bonds shall be issued and delivered to the judgment creditor until after the execution of an agreement between such municipality and such judgment creditor to the effect that upon the payment of the principal and interest upon said bonds according to the terms thereof, such judgment shall be satisfied and discharged, and that prior to the payment in full of the principal and interest of said bonds, together with interest thereon according to the terms and conditions thereof, said judgment shall remain in full force and effect as security for the payment of such principal and interest; and that so long as such municipality shall not make default for more than sixty days in the payment of the principal of such bonds or of the interest thereon, said judgment creditor shall take no proceedings at law or otherwise to enforce payment of such judgment.

Such agreement shall be executed in triplicate and one copy thereof shall be delivered to the judgment creditor, one copy shall remain in the custody of the auditor or clerk, and the third copy shall be filed in the office of the clerk of the court in which such judgment is entered and a memorandum of such contract entered upon the judgment docket of the court.

Source: SL 1905, ch 65, § 2; RC 1919, § 6424; SDC 1939, § 45.2318.
S.D. Codified Laws § 9-42-3 — SD Code / Title 9 / Chapter 42 / Section 9-42-3
Local improvements by day's work--Maximum cost--Engineer's estimate--Itemized statement of costs
Status: in_force

Every municipality shall have power to provide for and regulate the construction of local improvements by day's pay in the cases provided by this title.

The governing body may direct any local improvement except local improvements for which special assessments are to be levied to be done by day's work if the reasonable cost thereof is not in excess of fifteen hundred dollars. An estimate of the cost thereof shall be prepared by the city engineer, if there be a city engineer, or by the governing body if there be no city engineer, and filed for public inspection in the city engineer's office or in the office of the governing body, at least five days before any such local improvement by day's work shall be directed.

Whenever any such improvement is done by day's work, upon the completion thereof the auditor shall prepare and file forthwith for public inspection in his office an itemized statement of the cost paid out or incurred in the construction of such improvement, verified by him.

Source: SL 1921, ch 297; SL 1921, ch 305; SDC 1939, §§ 45.0201 (88), 45.1501; SL 1939, ch 189, § 1; SL 1953, ch 260, § 1; SL 1971, ch 68.
S.D. Codified Laws § 9-30-3.1 — SD Code / Title 9 / Chapter 30 / Section 9-30-3.1
Display of campaign signs
Status: in_force

A municipality must allow a campaign sign to be placed on private property in a residential, business, commercial, or industrial zone adjacent to a transportation right-of-way by or with the permission of the property owner beginning no later than ten days prior to the day when absentee voting in a primary or general election begins, and must allow the campaign sign to continue to be displayed through election day. A campaign sign displayed pursuant to this section must be removed within the seven days following the election. A municipality may regulate the use of campaign signs pursuant to § 9-30-3 in any manner that does not conflict with this section or applicable law.

For the purposes of this section, the term, campaign sign, means a free-standing object identifying and urging a person to vote for or against a particular ballot question or candidate for public office.

Source: SL 2024, ch 31, § 1.
S.D. Codified Laws § 9-43-133 — SD Code / Title 9 / Chapter 43 / Section 9-43-133
Lots subject to assessment both as fronting and abutting property and as property benefited
Status: in_force

If any lot is subject to assessment both as fronting and abutting property and as property within the district or area benefited by the local improvement, the sum of both assessments may be the amount to be stated in the assessment roll against each such lot.

Source: SL 2012, ch 57, § 61.
S.D. Codified Laws § 9-48-15 — SD Code / Title 9 / Chapter 48 / Section 9-48-15
Assessment of property for proportionate share of sewer previously constructed--Apportionment among persons paying cost
Status: in_force

If either a main, trunk, or service sewer has been constructed and the cost has not been apportioned against property that may benefit as provided by 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 the 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: SDC 1939, § 45.1824 as enacted by SL 1965, ch 214; SL 2012, ch 57, § 112; SL 2016, ch 52, § 3.
S.D. Codified Laws § 9-54-3.1 — SD Code / Title 9 / Chapter 54 / Section 9-54-3.1
"Revenue agreement" defined
Status: in_force

Revenue agreement, as the term is used in this chapter, is any written agreement between a municipality and another person, firm, limited liability company, corporation, or governmental entity with respect to a project whereby such other person, firm, limited liability company, corporation, or governmental entity agrees to pay to the municipality or to its order amounts sufficient at all times to pay when due the principal of, premium, if any, and interest on all bonds issued by the municipality with respect to that project. A revenue agreement includes, but is not limited to, a lease, a direct or installment sale contract, or a loan agreement.

Source: SL 1981, ch 77, § 5; SL 1994, ch 351, § 11.
S.D. Codified Laws § 9-19-3 — SD Code / Title 9 / Chapter 19 / Section 9-19-3
Authority to enact, amend, and repeal--Seek injunctive relief--Establish penalties
Status: in_force

A municipality may amend, enact, repeal, or revise ordinances and resolutions to exercise the authorized powers of the municipality. The municipality may seek injunctive relief and establish penalties for violations of ordinances and resolutions, not exceeding those specified in subdivision 22-6-2 (2).

Source: SL 1890, ch 37, art V, § 1, subdiv 79; SL 1890, ch 37, art XXII, § 1; RPolC 1903, § 1229, subdiv 81; RPolC 1903, § 1380; RPolC 1903, § 1438, subdiv 19; SL 1903, ch 90; SL 1913, ch 119, § 53, subdiv 78; RC 1919, § 6169 (81); SL 1923, ch 238; SDC 1939, § 45.0201 (19); SL 1991, ch 187, § 2; SL 2007, ch 39, § 2; SL 2026, ch 33, § 34.
S.D. Codified Laws § 9-43-97 — SD Code / Title 9 / Chapter 43 / Section 9-43-97
Numbering of each item of assessment
Status: in_force

Each item of assessment shall be numbered consecutively by the finance officer without regard to date, character of local improvement, or description of property. No number may be duplicated.

Source: SL 2012, ch 57, § 25.
S.D. Codified Laws § 9-29-22 — SD Code / Title 9 / Chapter 29 / Section 9-29-22
Costs in unsuccessful prosecutions for ordinance violations
Status: in_force

In any action prosecuted by the city attorney for the violation of any municipal ordinance, if unsuccessful, the municipality shall pay the costs.

Source: SL 1907, ch 191, § 25; SL 1909, ch 176, § 12; SL 1915, ch 151, § 1; RC 1919, § 6314; SDC 1939, § 45.1141; SL 1947, ch 203; SL 1981, ch 44, § 35.
S.D. Codified Laws § 9-20-8 — SD Code / Title 9 / Chapter 20 / Section 9-20-8
Percentage of voters required to sign referendum petition--Data concerning signers
Status: in_force

The referendum petition shall be signed by at least five percent of the registered voters in the municipality. The percentage shall be based on the number of registered voters of the municipality as recorded by the county auditor on the second Tuesday in January in the year the petition is filed. If the petition is filed before the second Tuesday in January, the prior year's calculation of registered voters shall be used. The signer or circulator shall add the signer's residence address, county of voter registration, and date of signing. The signer's post office box number may be given in lieu of a street address if the signer lives within a municipality of the second or third class.

Source: SDC 1939, § 45.1012; SL 1957, ch 245, § 1; SL 1968, ch 183, § 1; SL 1979, ch 50, § 7; SL 1980, ch 64, § 4; SL 1987, ch 78; SL 1990, ch 104, § 5; SL 1992, ch 110, § 6; SL 1999, ch 41, § 2; SL 2002, ch 40, § 3; SL 2017, ch 57, § 3; SL 2019, ch 53, § 2.
S.D. Codified Laws § 9-27-38 — SD Code / Title 9 / Chapter 27 / Section 9-27-38
Application of chapter to lands transferred to municipality by Public Law 99-88
Status: in_force

The provisions of this chapter do not apply to lands transferred to a municipality by Public Law 99-88. If lands are transferred to a municipality by Public Law 99-88, the municipality in disposing of such lands and all improvements on the land shall give the inhabitants of the land the first right of refusal to purchase the land at the appraised value of land as determined at the time of transfer by the federal government. Such right of first refusal shall be exercised within eighteen months of notification to the inhabitant. The municipality shall determine the term of payment for such purchases.

Source: SL 1986, ch 76.
S.D. Codified Laws § 9-52-31 — SD Code / Title 9 / Chapter 52 / Section 9-52-31
Sale and lease-back arrangements--Powers additional
Status: in_force

The powers conferred by §§ 9-52-29 to 9-52-31 , inclusive, are in addition to all other powers conferred upon the governing body of any such municipality, and their exercise shall be subject only to such restrictions as may be provided by the South Dakota Constitution and are not subject to any restrictions or procedural requirements prescribed by any other law.

Source: SL 1984, ch 63, § 3.
S.D. Codified Laws § 9-4-4.11 — SD Code / Title 9 / Chapter 4 / Section 9-4-4.11
Resolution of intent to annex--Contents for small municipalities
Status: in_force

Based on the study provided for in § 9-4-4.1 , the governing body may adopt a resolution of intent to extend its boundaries. The resolution, in municipalities of less than one thousand in population as determined in the last federal census, shall contain the following:

(1) The description and boundaries of the territory to be annexed;

(2) That ample and suitable resources exist to accommodate the orderly growth or development of the contiguous territory;

(3) The estimated difference in tax assessment rate for the residents in the contiguous territory;

(4) That exclusions and irregularities in boundary lines are not the result of arbitrariness;

(5) That there is reasonable present or demonstrable future need for annexing the contiguous territory; and

(6) That population and census data indicate that the municipality has or may experience growth or development beyond its present boundaries.

Source: SL 1988, ch 74, § 2.
S.D. Codified Laws § 9-40-4.3 — SD Code / Title 9 / Chapter 40 / Section 9-40-4.3
Contracts and creation of body for operation of sewerage and water facility systems
Status: in_force

Every municipality shall have the right, power, and authority to contract with municipalities or governmental agencies within or outside the state and take all action necessary for the creation or appointment of a board, commission, authority, or such other body as the governing body of the municipality may deem proper to plan, finance, construct, equip, supervise, operate, maintain, extend, and improve any such system or systems and may prescribe the powers and duties and fix the compensation of the members thereof.

Source: SL 1975, ch 92, § 3; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-22-23 — SD Code / Title 9 / Chapter 22 / Section 9-22-23
Annual estimate by auditor or clerk of expenses and revenue
Status: in_force

The auditor or clerk shall report annually, on or before the first day of September, to the governing body an estimate of the expenses of the municipality and likewise the revenue necessary to be raised for the current year. In municipalities of the first and second class, the budget form shall be similar to that recommended in the municipal accounting manual provided by § 4-11-6 .

Source: SL 1890, ch 37, art VII, § 2; RPolC 1903, § 1245; SL 1913, ch 119, § 66; RC 1919, § 6286; SL 1921, ch 314; SDC 1939, § 45.1120; SL 1961, ch 248; SL 1971, ch 63; SL 1977, ch 73, § 4.
S.D. Codified Laws § 9-36-8 — SD Code / Title 9 / Chapter 36 / Section 9-36-8
Appeal to circuit court on stream boundaries--Trial de novo
Status: in_force

If any person owning or interested in any property affected by said proposed boundary lines shall have filed written objections to such resolution, such person shall have the right to appeal to the circuit court of the county in which the property affected thereby shall be located. Such appeal shall be taken by serving upon the auditor or clerk a notice of appeal and filing said notice with the clerk of the circuit court within twenty days after the passage of said resolution. The appeal shall stand for trial at the next succeeding term of said court without notice, and the issues thereunder shall be tried de novo.

Source: SL 1931, ch 189, § 6; SDC 1939, § 45.2005.
S.D. Codified Laws § 9-51-26 — SD Code / Title 9 / Chapter 51 / Section 9-51-26
Agreement to levy tax when bonds due--Certification to county auditor
Status: in_force

The municipality may agree, prior to the issuance or delivery of any bonds, to levy by ordinance an annual ad valorem tax upon all the taxable property within the municipality in such amount as will pay the annual interest thereon and the principal of said bonds at the time the same become due. Within thirty days after the adoption and publication of said ordinance, the auditor or clerk shall transmit to the county auditor a certified copy thereof.

Source: SL 1955, ch 216, § 6; SDC Supp 1960, § 45.02A06 (3).
S.D. Codified Laws § 9-38-57 — SD Code / Title 9 / Chapter 38 / Section 9-38-57
Board consent required for utility wires or posts on parks or boulevards--Regulation by board
Status: in_force

No telegraph, telephone, or electric light wires, or other wires or posts or supports thereof shall be erected or placed in, upon, through, or over any park without the consent of the board, and the board shall have power to designate the place or places for and manner of erecting, placing, and maintaining the same in or upon any park or boulevard and may cause the place and manner of maintaining the same to be altered at such times and in such manner as it shall deem best for the interests of the first or second class municipality and may require such wires in any park, parkway, or boulevard to be put and kept underground.

Source: SL 1915, ch 260, § 61; RC 1919, § 6504; SDC 1939, § 45.2523; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-23-20 — SD Code / Title 9 / Chapter 23 / Section 9-23-20
Cancellation of warrants on payment
Status: in_force

The treasurer shall pay and cancel such warrants upon presentation.

Source: SL 1874-5, ch 74, § 4; PolC 1877, ch 50, § 4; CL 1887, § 1674; SL 1895, ch 186, § 1; RPolC 1903, § 2254; RC 1919, § 6976; SDC 1939, § 45.1422.
S.D. Codified Laws § 9-41A-49 — SD Code / Title 9 / Chapter 41A / Section 9-41A-49
Officers and members of agency not personally liable on bonds or notes
Status: in_force

Neither the officials, the directors, nor the members of a municipal power agency nor any person executing bonds or notes shall be liable personally on the bonds or notes or be subject to any personal liability or accountability by reason of the issuance thereof.

Source: SL 1978, ch 66, § 43.
S.D. Codified Laws § 9-21-16 — SD Code / Title 9 / Chapter 21 / Section 9-21-16
Surplus funds used for replacement or repair required by unanticipated event
Status: in_force

If the municipal corporation has on hand any unappropriated money, or money not raised by taxation, loan, or assessment, which can be spared for the purpose described in § 9-21-15 and which has not been pledged for the payment of any indebtedness of the municipality, or any money in any fund which the governing body by unanimous vote determines will not be needed for any other municipal purpose during the current fiscal year, such money may be transferred by the governing body, by unanimous vote, in order to provide in whole or in part the money made necessary by such unanticipated events or circumstances, and such money may be used in lieu of such borrowing or the borrowing may be supplementary thereto.

Source: SDC 1939, § 45.1404 as added by SL 1949, ch 184.
S.D. Codified Laws § 9-47-3 — SD Code / Title 9 / Chapter 47 / Section 9-47-3
Emergency contract for repair or replacement on complete failure of water supply
Status: in_force

Wherever, in any municipality, the emergency specified in § 9-21-15 is the complete failure of the water supply of such municipality, the governing body thereof is authorized to contract for the drilling of a new well or for such repairs, replacements, and new equipment as may be necessary, privately, without advertising for bids as required by the laws of this state relating to contracts of municipalities, and to pay therefor as provided in §§ 9-21-15 and 9-21-16 as to emergencies; provided, however, that no such contract shall be executed until the governing body has adopted a resolution of necessity therefor, by unanimous vote, which resolution shall become effective immediately upon its passage and publication.

Any contract entered into as provided by this section shall be as binding, and have the same force and effect, as though the same were let in all particulars as provided by the laws of this state relating to contracts of municipalities.

Source: SL 1953, ch 269, §§ 1, 2; SDC Supp 1960, § 45.1404-1.
S.D. Codified Laws § 9-26-1 — SD Code / Title 9 / Chapter 26 / Section 9-26-1
Authorization--Issuance--Sale
Status: in_force

All bonds which are a general obligation of the municipality shall be authorized, issued, and sold as provided in chapter 6-8B .

Source: SL 1890, ch 37, art V, § 5; RPolC 1903, § 1229, subdiv 5; SL 1911, ch 99; SL 1913, ch 119, § 53, subdiv 5; RC 1919, § 6413; SL 1923, ch 228; SDC 1939, § 45.2301; SL 1949, ch 190, § 1; SL 1984, ch 43, § 68.
S.D. Codified Laws § 9-41A-52 — SD Code / Title 9 / Chapter 41A / Section 9-41A-52
Property already used for electric power not subject to condemnation
Status: in_force

A municipal power agency shall have no power of eminent domain with respect to any real or personal property owned by any person as part of a system, whether existing, under construction, or being planned, of facilities for the generation, transmission, or distribution of electric power.

Source: SL 1978, ch 66, § 46.
S.D. Codified Laws § 9-43-109 — SD Code / Title 9 / Chapter 43 / Section 9-43-109
Calculation of interest on installments--Delinquent installments--Penalty
Status: in_force

The first installment under Plan One or Plan Two shall include interest from the date of approval of the assessment roll with the finance officer of the municipality to May first of the year in which the first installment is due. Each subsequent installment shall include one year's interest. Each of the installments, including interest as provided above, becomes delinquent on May first of the year in which the installment becomes due and shall have interest and penalty added each month at the same rate as provided in § 10-21-23 for delinquent real estate taxes.

Source: SL 2012, ch 57, § 37.
S.D. Codified Laws § 9-42-5 — SD Code / Title 9 / Chapter 42 / Section 9-42-5
Construction and repair contracts awarded on competitive bids--Rejection of bids and readvertisement
Status: in_force

Any contract for the construction or repair of a public building or for public works or improvements, and any contract for material used therefor and equipment purchased or rented in connection therewith, and any contract for local improvements for which a special assessment is to be levied, except as provided in this chapter and as provided in chapters 5-18A and 5-18B , shall be let to the lowest responsible bidder in accordance with the provisions of chapters 5-18A and 5-18B .

The governing body may reject all bids and readvertise for proposals, if none of the bids are satisfactory or if the governing body believes any agreement has been entered into between the bidders to prevent competition.

Source: SL 1890, ch 37, art XVI, § 15; SL 1890, ch 37, art XX, § 4; RPolC 1903, § 1344; SL 1909, ch 110, § 8; RC 1919, § 6347; SL 1921, ch 297; SL 1925, ch 235; SDC 1939, § 45.1501; SL 1939, ch 189, § 1; SL 1953, ch 260, § 1; SL 2011, ch 2, § 118.
S.D. Codified Laws § 9-38-27 — SD Code / Title 9 / Chapter 38 / Section 9-38-27
Bonds required of park board officers and employees
Status: in_force

The board may require all of its officers and employees, except laborers, to give bond for the faithful performance of their duties in such sum as shall be fixed by it, which bonds shall be filed with the auditor.

Source: SL 1915, ch 260, § 7; RC 1919, § 6450; SDC 1939, § 45.2513.
S.D. Codified Laws § 9-43-94 — SD Code / Title 9 / Chapter 43 / Section 9-43-94
Approval and levy of assessment
Status: in_force

After any corrections in the assessment roll have been made, the governing body by resolution shall approve and levy the assessment, describing the assessment and the local improvement, and providing the dates of the official approval of the assessment roll.

Source: SL 2012, ch 57, § 22.
S.D. Codified Laws § 9-39-17 — SD Code / Title 9 / Chapter 39 / Section 9-39-17
President and secretary of utility board--Salary of secretary
Status: in_force

The municipal utility board shall annually at its meeting in May choose a president from among its own members. It shall also appoint a secretary for an indefinite term. The secretary need not be a member of the municipal utility board and may be the city auditor or town clerk. The secretary shall receive a salary to be fixed by the municipal utility board to be paid from funds under its control.

Source: SL 1955, ch 221, § 3; SDC Supp 1960, § 45.3903 (2).
S.D. Codified Laws § 9-8-1.1 — SD Code / Title 9 / Chapter 8 / Section 9-8-1.1
Mayor and alderman--Qualifications--Effect of moving residence
Status: in_force

An individual may be nominated, elected, or appointed as a mayor or as an alderman, if the person is a citizen of the United States, a voter of the municipality, and a resident of the municipality in accordance with § 9-14-2 . An alderman representing a ward must be a voter of and resident of the ward for which the person is to hold office. If the mayor or an alderman at large moves to a permanent residence outside the corporate limits of the municipality, the office is immediately vacated. If an alderman representing a ward moves to a permanent residence outside the boundaries of his or her ward, the office is immediately vacated.

Source: SL 1992, ch 61, § 2; SL 2017, ch 56, § 2; SL 2025, ch 38, § 18.
S.D. Codified Laws § 9-14-26 — SD Code / Title 9 / Chapter 14 / Section 9-14-26
Law enforcement officer--Service of process--Municipality in more than one county
Status: in_force

Any law enforcement officer of a municipality that is situated in more than one county may serve and execute any civil or criminal process within any of the counties in which the municipality is situated.

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; SL 2026, ch 33, § 20.
S.D. Codified Laws § 9-34-14 — SD Code / Title 9 / Chapter 34 / Section 9-34-14
Poolrooms--Bowling alleys
Status: in_force

Every municipality shall have power to license, regulate, or prohibit pool and billiard rooms and bowling alleys.

Source: SL 1890, ch 37, art V, § 1, subdiv 33; RPolC 1903, § 1229, subdiv 33; SL 1903, ch 94; SL 1913, ch 119, § 53, subdiv 33; RC 1919, § 6169 (58); SDC 1939, § 45.0201 (72).
S.D. Codified Laws § 9-35-1 — SD Code / Title 9 / Chapter 35 / Section 9-35-1
Street lighting--Utility poles, pipes, and other facilities in public places--Rate regulation--Municipally owned utilities
Status: in_force

Every municipality may regulate and provide for the lighting of streets, laying of gas or water pipes, and erection of lampposts, electric towers, and apparatus in connection therewith; to fix and determine the charges for telephone and telephone service connections subject to the powers of the Public Utilities Commission; to regulate the placement of water pipelines, the erection of poles for telegraph, telephone, or electric wires in the public grounds, streets, or alleys, and the placing of wire thereon and to require the removal thereof from such places and to require the placing of such wires under ground; and to grant and regulate rights and franchises for such purposes. However, no franchise or any franchise election may be required of any public utility which has been assigned a service area pursuant to § 49-34A-44 , telephone company subject to chapter 49-31 , or a rural water system. Municipally owned electric utilities may regulate the sale and use of electric power and energy and fix and determine their own rates therefor provided that nothing contained herein may be construed to prevent a municipality from forming its own electric system.

Source: SL 1890, ch 37, art V, § 1, subdiv 13; RPolC 1903, § 1229, subdiv 13; SL 1913, ch 119, § 53, subdiv 13; RC 1919, § 6169 (18); SL 1921, ch 307; SDC 1939, § 45.0201 (78); SL 1975, ch 283, § 57; SL 1976, ch 296, § 29; SL 1978, ch 65; SL 1985, ch 65.
S.D. Codified Laws § 9-1-6 — SD Code / Title 9 / Chapter 1 / Section 9-1-6
Citizen enforcement of this title
Status: in_force

Any resident of a municipality may maintain an action or proceeding to prevent, by proper remedy, a violation of any provision of this title by that municipality.

Source: SL 1913, ch 119, § 134; RC 1919, § 6163; SDC 1939, § 45.0112; SL 2024, ch 28, § 13.
S.D. Codified Laws § 9-54-10 — SD Code / Title 9 / Chapter 54 / Section 9-54-10
County and sanitary district powers
Status: in_force

Any county shall have the same powers as a municipality under this chapter. Any sanitary district shall have the same powers as a municipality under this chapter with respect to any project providing sewer service or control of water pollution.

Source: SL 1972, ch 45, § 5.
S.D. Codified Laws § 9-45-4 — SD Code / Title 9 / Chapter 45 / Section 9-45-4
City power over bridges, viaducts, and tunnels
Status: in_force

Every first or second class municipality shall have power to establish, maintain, and regulate the use of bridges, viaducts, and tunnels.

Source: SL 1890, ch 37, art V, § 1, subdiv 28; RPolC 1903, § 1229, subdiv 28; SL 1913, ch 119, § 53, subdiv 28; RC 1919, § 6170 (6); SDC 1939, § 45.0202 (8); SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-35-23 — SD Code / Title 9 / Chapter 35 / Section 9-35-23
Prior ordinances for operation of CATV systems validated
Status: in_force

All ordinances, permits, rights, or authorities heretofore adopted granting the right to install and to operate a CATV system, whether or not an election was held thereon, are hereby validated.

Source: SL 1972, ch 52, § 6.
S.D. Codified Laws § 9-40-33 — SD Code / Title 9 / Chapter 40 / Section 9-40-33
Receivership on default or mismanagement--Powers of receiver
Status: in_force

If there be any default in the payment of the principal or interest of any bonds issued pursuant to this chapter, or in any other condition thereof materially affecting the rights of any bondholder, and such default shall continue for a period of not less than three months, or if said utility affected by said bonds or subject to the payment thereof be mismanaged by the municipal authorities in charge thereof, or if the revenues from such utility be dissipated, wasted, or be diverted from their proper application to the payment of said bonds and to the operation, maintenance, and upkeep of said utility, then any court having jurisdiction of the action, in a proper suit commenced by either a resident taxpayer of said municipality whose rights may have been or may be affected, injured, or lost thereby, or commenced by any bondholder similarly affected by any such default, may appoint a receiver to operate and administer such utility subject to the payment thereof or subject to the lien declared in § 9-40-25 , with power on the part of such receiver to charge and collect rates reasonably sufficient to provide for the payment of any bonds or obligations subsisting against such utility, and for the payment of the maintenance and operating expenses, including the expenses of administration, and to apply the net income and revenue in conformity with this chapter and the ordinance referred to therein.

Source: SL 1931, ch 194, § 8; SDC 1939, § 45.2408.
S.D. Codified Laws § 9-30-3 — SD Code / Title 9 / Chapter 30 / Section 9-30-3
Signs and advertising in public places
Status: in_force

Every municipality shall have power to regulate and prohibit the use of streets, sidewalks, and public grounds for signs, signposts, awnings, flying of flags or banners, posting of bills and advertisements, the exhibition or carrying of banners, placards, or advertisements, and the distribution of handbills.

Source: SL 1890, ch 37, art V, § 1, subdiv 17 to 19; RPolC 1903, § 1229, subdiv 17, 18; SL 1913, ch 119, § 53, subdiv 18, 19; RC 1919, § 6169 (50), (51); SDC 1939, § 45.0201 (43).
S.D. Codified Laws § 9-38-73 — SD Code / Title 9 / Chapter 38 / Section 9-38-73
Findings and determinations as covenants with holders of swimming pool revenue bonds
Status: in_force

The findings and determinations authorized in §§ 9-38-61 to 9-38-72 , inclusive, shall constitute binding representations, recitals and covenants of each municipality issuing revenue bonds thereunder to and with the purchasers and holders of all such bonds.

Source: SL 1957, ch 258, § 2; SDC Supp 1960, § 45.24D02.
S.D. Codified Laws § 9-39-7 — SD Code / Title 9 / Chapter 39 / Section 9-39-7
Petition for placement of utility under utility board--Number of signers required
Status: in_force

The municipal governing body, upon a petition signed by fifteen percent of the registered voters in the municipality, based upon the total number of registered voters at the last preceding general election, filed with the municipal finance officer, shall submit to the voters of the municipality the question described in § 9-39-6 at a special election to be governed by the provisions of § 9-13-14 . The petition shall set forth the question which the petitioners desire submitted.

Source: SL 1955, ch 221, § 1; SDC Supp 1960, § 45.3901; SL 1987, ch 67, § 17.
S.D. Codified Laws § 9-38-77 — SD Code / Title 9 / Chapter 38 / Section 9-38-77
Municipal borrowing power for recreation and playgrounds--Negotiable bonds
Status: in_force

Every municipality shall have the power to borrow money on the credit of the corporation for the purpose of acquiring sites, purchasing or constructing buildings and facilities for public recreation and playground purposes, and to issue its negotiable bonds therefor in the manner provided by §§ 9-38-60 to 9-38-75 , inclusive.

Source: SL 1949, ch 202, § 22; SDC Supp 1960, § 45.3222; SL 1973, ch 55.
S.D. Codified Laws § 9-13-35 — SD Code / Title 9 / Chapter 13 / Section 9-13-35
Term of office of successor elected at recall election
Status: in_force

The successor of any removed mayor, commissioner, alderman, or trustee shall hold office during the remainder of the predecessor's unexpired term.

Source: SL 1913, ch 119, § 15; RC 1919, § 6332; SL 1937, ch 176, § 1; SDC 1939, § 45.1325; SL 1963, ch 280; SL 2009, ch 34, § 4.
S.D. Codified Laws § 9-13-14.2 — SD Code / Title 9 / Chapter 13 / Section 9-13-14.2
Filling of vacancy--Governing body or mayor--Ordinance for special election--Procedures
Status: in_force

The governing body of any municipality may, by ordinance enacted prior to the vacancy, require that any vacancy on the governing body or in the office of the mayor is to be filled by a special election called for that purpose to be conducted as provided in § 9-13-14 and this section. A special election may not be held less than ninety days before a regular municipal election.

The finance officer of the municipality shall publish a notice in the official newspaper of the municipality, designated pursuant to § 9-12-6 , stating that:

(1) A vacancy on the governing body exists;

(2) The vacancy is to be filled by special election;

(3) The date of the election;

(4) The deadline for filing a nominating petition; and

(5) The place where nominating petitions may be filed.

The notice must be published once each week for two consecutive weeks, beginning at least sixty days before the date of the special election.

Nominating petitions for the vacancy must be prepared and filed as provided in § 9-13-7 . A candidate may not circulate a nominating petition more than sixty days before the date of the special election, and shall file the petition with the finance officer at least thirty days before the date of the special election. The number of signers required for a nominating petition is calculated as provided in § 9-13-9 . If a nominating petition is filed before the second Tuesday in January, the prior year's calculation of registered voters must be used. A notice of the special election must be published as provided in §§ 9-13-13 and 9-13-14 .

Source: SL 2005, ch 48, § 6; SL 2010, ch 74, § 6; SL 2019, ch 53, § 3; SL 2026, ch 32, § 22.
S.D. Codified Laws § 9-36-17 — SD Code / Title 9 / Chapter 36 / Section 9-36-17
Validation of prior municipal proceedings to conserve water and control floods
Status: in_force

All acts and proceedings had before July 1, 1959, and all contracts, appropriations, expenditures, and acquisitions theretofore made by any municipality of the state for the purpose of conserving its water resources or preventing or controlling flooding within or without its corporate limits which endangers property within its corporate limits or its water supply, either by such municipality acting alone or in cooperation with any authorized agency, subdivision, or unit of government, federal or state, are hereby legalized and declared valid.

Source: SL 1957, ch 505; SL 1959, ch 463; SDC Supp 1960, § 65.0337.
S.D. Codified Laws § 9-10-11 — SD Code / Title 9 / Chapter 10 / Section 9-10-11
City manager--Term--Removal--Resolution of intent--Response--Public hearing--Pay
Status: in_force

The governing body shall appoint the city manager for an indefinite term, but may suspend the manager by resolution of intent to remove the manager approved by a majority vote of all the members of the governing body. The resolution of intent to remove the manager must set forth the reasons for the suspension and proposed removal, and a copy of the resolution must be served immediately upon the manager. The manager may reply in writing to the resolution and may request a public hearing within fifteen days of being served the resolution . If a public hearing is requested by the manager, the governing body must, within fifteen days, hold a public hearing upon the question of the manager's removal, and the final resolution removing the manager may not be adopted until the public hearing has occurred.

The manager's pay must continue until the manager's removal is effective as provided by this section. The action of the governing body in removing the manager is final.

Source: SL 1917, ch 303, § 9; SL 1918, ch 57; RC 1919, § 6236; SL 1935, ch 158, § 4; SDC 1939, § 45.0903; SL 2024, ch 30, § 1; SL 2025, ch 38, § 48.
S.D. Codified Laws § 9-52-3 — SD Code / Title 9 / Chapter 52 / Section 9-52-3
Auditorium revenue bonds authorized--Purposes for which proceeds used
Status: in_force

Any municipality may issue revenue bonds to provide funds for the purpose of acquiring a municipal auditorium, or for the purpose of improving an existing auditorium, or for the purpose of refunding outstanding revenue bonds issued under the provisions of this chapter.

Source: SL 1951, ch 246, § 1; SDC Supp 1960, § 45.24B01; SL 1984, ch 43, § 96.
S.D. Codified Laws § 9-20-12 — SD Code / Title 9 / Chapter 20 / Section 9-20-12
Publication of referred ordinance or resolution--Notice of election
Status: in_force

The auditor or clerk shall cause the entire referred ordinance or resolution to be published once a week for two successive weeks immediately preceding the election.

Such publication shall include a notice that on the day of election therein stated such ordinance or resolution will be submitted to the voters or, if only a portion thereof is covered by the petition, then notice as to what portion will be submitted.

Source: SL 1899, ch 94, § 5; RPolC 1903, § 1218; SL 1913, ch 119, § 42; RC 1919, § 6257; SDC 1939, § 45.1014.
S.D. Codified Laws § 9-41A-21 — SD Code / Title 9 / Chapter 41A / Section 9-41A-21
Cooperation with others in development of energy sources
Status: in_force

A municipal power agency may cooperate with other persons in the development of sources and supplies of electric energy.

Source: SL 1978, ch 66, § 16.
S.D. Codified Laws § 9-51-10 — SD Code / Title 9 / Chapter 51 / Section 9-51-10
Acquisition, improvement and operation of parking facilities--Traffic control devices--Use of municipal funds
Status: in_force

Every municipality shall have power to acquire by gift, lease, purchase, or condemnation proceedings any property, whether real, personal, or mixed, deemed by its governing body to be needed for the municipality's regulation and control of traffic on its streets, alleys, and public grounds by providing, regulating, and operating on - street or off - street parking lanes or areas and may acquire by purchase or lease parking meters or other traffic control devices and may construct or otherwise provide, equip, maintain, and operate automobile parking facilities and may expend municipal funds for these purposes.

Source: SL 1955, ch 216, § 3; SDC Supp 1960, § 45.02A03.
S.D. Codified Laws § 9-5-10 — SD Code / Title 9 / Chapter 5 / Section 9-5-10
Proceedings to compel compliance with terms of annexation--Existing rights and liabilities preserved
Status: in_force

Any citizen of the annexed municipality may maintain legal proceedings to compel the municipality and the governing body thereof, to which annexation is made, to execute such terms and conditions, but such annexation shall not affect or impair any rights or liabilities then existing for or against either of such municipalities, and they may be enforced as hereinafter provided.

Source: SL 1951, ch 249, § 6; SDC Supp 1960, § 45.29A06.
S.D. Codified Laws § 9-48-27 — SD Code / Title 9 / Chapter 48 / Section 9-48-27
Factors considered in establishing sewer charges--Collection with water rentals
Status: in_force

Such charges shall be as nearly as may be in the judgment of the governing body equitable and in proportion to the services rendered and taking into consideration in the case of each such premises the quantity of sewage therein or thereby produced and its concentration, strength, or river pollution qualities in general, and, in the case of storm drainage, taking into consideration in the case of each premises the quantity of storm runoff and may use the square footage of impervious surfaces as a basis for charges or the total square footage weighted by the classification of existing land use or total square footage weighted by zoning designation or total square footage. Such charges may be collected at the same time, place, and in conjunction with the water rentals in any municipality owning and operating the municipal water supply system and distribution system.

Source: SL 1949, ch 204, § 2; SDC Supp 1960, § 45.1821; SL 1982, ch 84, § 2.
S.D. Codified Laws § 9-4-4.8 — SD Code / Title 9 / Chapter 4 / Section 9-4-4.8
Special precinct for area to be annexed--Registration lists
Status: in_force

Upon the filing of a petition pursuant to § 9-4-4.5 , the county commissioners of the county in which the area to be annexed lies, shall upon request of the municipal finance officer, establish a special election precinct comprising all of the registered voters residing in the area to be annexed. The county commission shall also submit the necessary registration lists to the municipal official in charge of the election at least one day prior to the election.

Source: SL 1979, ch 47, § 7.
S.D. Codified Laws § 9-23-19 — SD Code / Title 9 / Chapter 23 / Section 9-23-19
Call of registered warrants for payment--Termination of interest
Status: in_force

The treasurer, as soon as money sufficient for the payment of such warrants is received to the credit of the particular fund upon which the same are drawn, shall immediately notify by mail the persons in whose names the same are drawn, or, if he shall receive written notice from some other person that he is the holder of any such warrant, then the treasurer shall notify such other person.

Thereupon interest upon such warrants shall cease.

Source: SL 1874-5, ch 74, § 4; PolC 1877, ch 50, § 4; CL 1887, § 1674; SL 1895, ch 186, § 1; RPolC 1903, § 2254; RC 1919, § 6976; SDC 1939, § 45.1422.
S.D. Codified Laws § 9-42-9 — SD Code / Title 9 / Chapter 42 / Section 9-42-9
Validation of local improvement proceedings prior to 1953
Status: in_force

In all cases where, prior to July 1, 1953, contracts for local improvements have been awarded in accordance with the procedure prescribed in §§ 9-42-3 to 9-42-8 , inclusive, all such proceedings, and all special assessments levied on the basis of such contracts prior to July 1, 1953, are legalized and validated.

Source: SL 1953, ch 260, § 2; SDC Supp 1960, § 45.1501-1.
S.D. Codified Laws § 9-38-13 — SD Code / Title 9 / Chapter 38 / Section 9-38-13
Bonds of park board members--Payment of premiums
Status: in_force

Each member of the board before entering upon his official duties shall give 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 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 for bonds required to be given by members of the board or its officers or employees.

All official bonds required under the provisions of this section and § 9-38-27 shall be approved by the governing body.

Source: SL 1915, ch 260, § 2; SL 1917, ch 305, § 1; RC 1919, § 6445; SL 1925, ch 237, § 1; SDC 1939, § 45.2504; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-52-26 — SD Code / Title 9 / Chapter 52 / Section 9-52-26
Auditorium board governed by terms of bonds and resolutions
Status: in_force

All actions of the board shall at all times be governed by and subject to all covenants, agreements and limitations contained in the resolutions of the governing body authorizing outstanding revenue bonds, and such resolutions may reserve to the governing body the exercise or supervision of the exercise of any of the powers granted and referred to in §§ 9-52-23 to 9-52-25 , inclusive; or such resolutions may define the limitations within which such powers shall be exercised by the auditorium board.

Source: SL 1951, ch 246, § 8; SDC Supp 1960, § 45.24B08.
S.D. Codified Laws § 9-32-15 — SD Code / Title 9 / Chapter 32 / Section 9-32-15
Municipalities exempt from general perpetual care law
Status: in_force

Municipalities who have established perpetual care cemeteries prior to July 1, 1971, or who establish perpetual care cemeteries subsequent to July 1, 1971, shall not be subject to any of the provisions of chapter 55-12 .

Source: SL 1971, ch 71, § 4.
S.D. Codified Laws § 9-41A-46 — SD Code / Title 9 / Chapter 41A / Section 9-41A-46
Bonds and notes as legal investments for public, corporate and fiduciary funds
Status: in_force

The State of South Dakota and all its public officers, governmental units, agencies and instrumentalities, all banks, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business, and all personal representatives, conservators, trustees, and other fiduciaries, may legally invest any debt service funds, money, or other funds belonging to them or within their control in any bonds or notes issued pursuant to this chapter, and the bonds or notes shall be authorized security for any and all public deposits.

Source: SL 1978, ch 66, § 50; SL 1993, ch 213, § 80.
S.D. Codified Laws § 9-19-9 — SD Code / Title 9 / Chapter 19 / Section 9-19-9
Final vote on ordinances--Recording
Status: in_force

The final vote to adopt an ordinance must be taken orally or by roll call, with the results entered into the minutes of the meeting.

Source: SL 1890, ch 37, art IV, § 16; RPolC 1903, § 1213; RC 1919, § 6245; SDC 1939, § 45.1004; SL 2026, ch 33, § 39.
S.D. Codified Laws § 9-41A-20 — SD Code / Title 9 / Chapter 41A / Section 9-41A-20
Investigation, surveys, and estimates of additional sources of energy
Status: in_force

A municipal power agency may investigate the desirability of and necessity for additional sources and supplies of electric energy, and make studies, surveys, and estimates as may be necessary to determine the feasibility and cost thereof.

Source: SL 1978, ch 66, § 30.
S.D. Codified Laws § 9-22-24 — SD Code / Title 9 / Chapter 22 / Section 9-22-24
Municipal interfund loans
Status: in_force

Upon approval by the governing body, any unrestricted cash in any municipal fund may be loaned to any other municipal fund.

Source: SL 2010, ch 44, § 1.
S.D. Codified Laws § 9-21-29 — SD Code / Title 9 / Chapter 21 / Section 9-21-29
Transfer by county of funds received on behalf of municipality--Statement by county auditor of source and amount of funds
Status: in_force

The county treasurer shall transfer, by the twentieth day of the month, all money received during the prior month on behalf of the municipality to each municipality. Whenever any funds which have been collected by the county for the municipality from taxes or from any other source are remitted to the municipality, the county auditor shall send to the municipal finance officer or treasurer a statement showing the exact source and amount of such funds.

Source: SL 1977, ch 74; SL 1988, ch 78, § 1.
S.D. Codified Laws § 9-42-13 — SD Code / Title 9 / Chapter 42 / Section 9-42-13
Payment due on occupancy of improvement before completion
Status: in_force

In the event the governing body elects to use and occupy the public improvement before completion, the governing body shall pay all amounts due under the contract except double the amount its architect or engineer shall estimate necessary to complete the improvement in accordance with the plans and specifications or one percent of the contract price, whichever is greater, or in any event not less than three hundred dollars, and no interest shall be allowed thereon until thirty days after said work has been fully completed.

Source: SDC 1939, § 45.1505 as added by SL 1955, ch 205; SL 1963, ch 281; SL 1977, ch 79, § 2.
S.D. Codified Laws § 9-41A-28 — SD Code / Title 9 / Chapter 41A / Section 9-41A-28
Borrowing power--Bonds and notes
Status: in_force

A municipal power agency may borrow money and issue negotiable bonds or notes, secured or unsecured, in accordance with §§ 9-41A-38 to 9-41A-50 , inclusive.

Source: SL 1978, ch 66, § 23.
S.D. Codified Laws § 9-21-13 — SD Code / Title 9 / Chapter 21 / Section 9-21-13
Purposes of depreciation or capital replacement reserves
Status: in_force

The depreciation or the capital replacement reserves shall be used only to replace and repair equipment belonging to the municipality and may not be used for the acquisition of equipment which would represent a substantial expansion in the total amount of equipment belonging to the municipality. Equipment for the purposes of this section shall mean properties commonly considered as representing capital outlay rather than operating expense outlay and shall include municipally owned buildings and lands.

Source: SL 1951, ch 247, § 2; SDC Supp 1960, § 45.0201-1 (9); SL 1994, ch 69, § 2.
S.D. Codified Laws § 9-13-24 — SD Code / Title 9 / Chapter 13 / Section 9-13-24
Return and canvass of votes
Status: in_force

The election returns shall be reported as soon as possible to the finance officer, and within seven days of the election, the governing body shall canvass the election returns, declare the result, and enter the result on its journal.

Source: SL 1890, ch 37, art XIV, § 5; RPolC 1903, §§ 1288, 1289; SL 1913, ch 119, §§ 105, 108; RC 1919, § 6326; SDC 1939, § 45.1320; SL 1953, ch 256; SL 1988, ch 75.
S.D. Codified Laws § 9-44-1 — SD Code / Title 9 / Chapter 44 / Section 9-44-1
Municipal improvement bonds authorized in lieu of special assessment certificates
Status: in_force

If the special assessments to be levied by any municipality for any local improvement or improvements are divided into installments pursuant to the provisions of chapter 9-43 , the governing body of the municipality, in lieu of issuing assessment certificates or bonds as provided in chapter 9-43 , may issue municipal improvement bonds.

Source: SL 1947, ch 219, § 1; SDC Supp 1960, § 45.21A01; SL 1984, ch 43, § 85.
S.D. Codified Laws § 9-38-78 — SD Code / Title 9 / Chapter 38 / Section 9-38-78
Appropriations for playgrounds and athletics
Status: in_force

A municipality may appropriate funds for the purchase, establishment, and maintenance of playgrounds or children's parks and the support and encouragement of athletics within the municipality.

Source: SL 1921, ch 306; SDC 1939, § 45.0201 (8); SL 1978, ch 62, § 15.
S.D. Codified Laws § 9-23-17 — SD Code / Title 9 / Chapter 23 / Section 9-23-17
Endorsement and receipt for annual interest payment
Status: in_force

All interest payments shall be endorsed by the treasurer on the back of the warrant, and the warrant holder shall execute and deliver duplicate receipt for such payment to the treasurer, who shall retain one and deliver the other forthwith to the clerk or auditor.

Source: SL 1933, ch 160, § 2; SDC 1939, § 45.1419.
S.D. Codified Laws § 9-13-41 — SD Code / Title 9 / Chapter 13 / Section 9-13-41
Election day transition--Term of office
Status: in_force

If a municipality schedules a regular election on the first Tuesday after the first Monday in November, the term of office for each office holder whose term was to expire earlier in that year must have the term extended until the office holder or another candidate for the office is duly elected and qualified.

If a municipality schedules a regular election on the first Tuesday after the first Monday in June to elect an office that was previously elected in November, the office holder who was elected in November is entitled to complete the term of office to which the office holder was elected.

Source: SL 2025, ch 40, § 12, eff. Jan. 1, 2026; SL 2026, ch 32, § 26.
S.D. Codified Laws § 9-38-65 — SD Code / Title 9 / Chapter 38 / Section 9-38-65
Covenant and agreements with holders of swimming pool revenue bonds--Application of revenues--Remedies of bondholders
Status: in_force

By the resolution or ordinance authorizing revenue bonds, the governing body may make and enter into on the part of the municipality covenants and agreements with the purchasers and holders thereof from time to time concerning minimum rentals and charges, continuance of ownership and proper operation and maintenance of swimming pool facilities, administration, application, and investment of and accounting for the revenues thereof and the proceeds of the bonds, insurance on swimming pool properties and bonds of employees, relative priorities of lien of outstanding and future bonds upon the gross revenues, refunding of bonds, and the enforcement of bondholders' rights, and any other lawful stipulations and covenants which the governing body deems suitable for the security of the bondholders or to reduce the interest cost on the bonds, and the holder of any bond issued hereunder may compel by appropriate court action the performance thereof, whether or not his bond is then in default.

Source: SL 1957, ch 258, § 3; SDC Supp 1960, § 45.24D03; SL 1984, ch 43, § 74.
S.D. Codified Laws § 9-27-31 — SD Code / Title 9 / Chapter 27 / Section 9-27-31
Petition for donation of courthouse site to county--Submission to voters
Status: in_force

If any municipality owns land which is suitable for a site upon which to build a courthouse for the county in which such municipality is located, and the county seat of such county has been permanently located in such municipality, fifteen percent of the registered voters of such municipality, based upon the total number of registered voters at the last preceding general election, may petition that the question of donating such site to the county for a courthouse building site be submitted to a vote of the municipality. The petition shall be filed with the municipal finance officer twenty days before the election. The governing body shall submit the proposition to the voters of such municipality either at the annual municipal election or at a special election called for that purpose.

The question shall be submitted on a separate ballot, which shall be in the form and which shall be cast in the manner provided by chapter 9-13 .

Source: SL 1915, ch 157, §§ 1, 2; RC 1919, §§ 6576, 6577; SDC 1939, § 45.2709; SL 1987, ch 67, § 16.
S.D. Codified Laws § 9-41A-4 — SD Code / Title 9 / Chapter 41A / Section 9-41A-4
Filing of agency agreement and resolutions--Certificate issued
Status: in_force

The agency agreement and a certified copy of the resolution of the governing body of each first or second class municipality shall be filed with the secretary of state. If the agency agreement conforms to the requirements of this section, the secretary of state shall record it and issue and record a certificate of incorporation. The certificate shall state the name of the municipal power agency and the date of incorporation.

Source: SL 1978, ch 66, § 4; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-20-14 — SD Code / Title 9 / Chapter 20 / Section 9-20-14
General municipal election law applicable to referendum elections
Status: in_force

The elections provided for in this chapter shall be governed by the provisions of chapter 9-13 except as to the form of the ballots otherwise specifically provided.

Source: SL 1899, ch 94, § 9; RPolC 1903, §§ 1222, 1227; SL 1913, ch 119, §§ 46, 51; RC 1919, § 6265; SDC 1939, § 45.1022.
S.D. Codified Laws § 9-38-84 — SD Code / Title 9 / Chapter 38 / Section 9-38-84
Documents and requisitions signed by board president or vice president--Countersigning of requisitions
Status: in_force

The president, and in his absence or disability, the vice president, shall have authority to sign, execute and acknowledge in the name of the recreation board all contracts or documents of any character as authorized by and to carry out the purposes of chapter 42-2 and § 9-38-78 , and to sign requisitions upon the city auditor for warrants upon the city treasurer for funds under control of and authorized to be expended by such recreation board. All such requisitions shall be countersigned by the secretary and, in his absence or disability, by some member of the recreation board other than the president or vice president.

Source: SL 1949, ch 202, § 5; SDC Supp 1960, § 45.3205; SL 1973, ch 53, § 4.
S.D. Codified Laws § 9-23-22 — SD Code / Title 9 / Chapter 23 / Section 9-23-22
Payment of old check or warrant at direction of governing body
Status: in_force

Notwithstanding any provision for cancellation of any check or warrant, the municipal governing body shall direct the payment of any properly issued check or warrant to any person entitled to payment thereof until such time as the amount payable on such check or warrant is submitted to the state unclaimed property office.

Source: SL 1976, ch 75, § 4; SL 2001, ch 46, § 2.
S.D. Codified Laws § 9-34-2 — SD Code / Title 9 / Chapter 34 / Section 9-34-2
Markets and market houses
Status: in_force

Every municipality shall have power to establish and regulate markets and build market houses.

Source: PolC 1877, ch 24, § 22, subdiv 8; CL 1887, § 1043, subdiv 8; SL 1890, ch 37, art V, § 1, subdiv 35; RPolC 1903, § 1229, subdiv 35; RPolC 1903, § 1438, subdiv 8; SL 1913, ch 119, § 53, subdiv 35; RC 1919, § 6169 (66); SDC 1939, § 45.0201 (75).
S.D. Codified Laws § 9-45-13 — SD Code / Title 9 / Chapter 45 / Section 9-45-13
Irregularities in vacation proceedings cured after two years
Status: in_force

Whenever the governing body of any municipality, township, or county of this state having jurisdiction has had, or shall have, presented to it a petition for the vacation of any public highway, street, alley, or public ground or any part thereof, and, after published notice and public hearing, such governing body has granted or shall grant the petition in whole or in part and there was, or shall be recorded in the office of the register of deeds of the county wherein such area is located a certified copy of the resolution or record of the action taken by such body relative to such petition, any defect or irregularity in the proceedings in such matter shall be deemed validated, legalized, and cured at the end of two years following the date of such recording and any easement or interest of the public in or upon the area so vacated shall then be terminated and action thereon barred.

Source: SL 1951, ch 241, § 2; SDC Supp 1960, § 45.1708-1.
S.D. Codified Laws § 9-38-37 — SD Code / Title 9 / Chapter 38 / Section 9-38-37
Improvement and maintenance of streets under park board--Payment from district funds
Status: in_force

The board may have any road, parkway, boulevard, or street or part thereof, under its control and management, graded, regraded, paved, repaved, curbed, recurbed, guttered, reguttered, or otherwise improved, repaired, and maintained, including the construction, repair, and maintenance of bridges, retaining walls, viaducts, and sidewalks, and the planting of trees and shrubbery, in a manner and at such times and with such material as the board may determine and may pay for the work or improvements or any part thereof out of the funds not otherwise appropriated belonging to the park district in which the work or improvement is done or made.

Source: SL 1915, ch 260, § 49; RC 1919, § 6493; SDC 1939, § 45.2525; SL 1978, ch 62, § 12.
S.D. Codified Laws § 9-14-15 — SD Code / Title 9 / Chapter 14 / Section 9-14-15
Civil service ordinance--Employee removal with no labor agreement--Governor's authority--Appointees of city manager
Status: in_force

Except as otherwise provided in this section, municipal employees, law enforcement officers, and firefighters appointed under any civil service ordinance and not represented by any labor or employee organization authorized by chapter 3-18 may be removed only pursuant to the provisions of the ordinance. Nothing in this section restricts the Governor's authority, pursuant to § 3-17-3 , to remove local law enforcement officers, including those appointed under any civil service ordinance. Officers and employees appointed by a city manager may be removed by the city manager.

Source: SDC 1939, § 45.1109; SL 1982, ch 72, § 2; SL 1983, ch 57; SL 2026, ch 33, § 13.
S.D. Codified Laws § 9-39-11 — SD Code / Title 9 / Chapter 39 / Section 9-39-11
Terms of office of five-member utility board
Status: in_force

Five - member municipal utility boards shall be appointed in such manner that one member shall be appointed to hold office until the first regular meeting of the governing body in May after his appointment and until his successor is appointed and qualified, and one to hold office for one year, one to hold office for two years, one to hold office for three years, and one to hold office for four years after the first regular meeting of the governing body in May after his appointment and until his successor is appointed and qualified and at the first regular meeting of the governing body in May of each year one member shall be appointed for a term of five years to succeed the retiring member.

Source: SL 1955, ch 221, § 3; SDC Supp 1960, § 45.3903 (1).
S.D. Codified Laws § 9-45-12 — SD Code / Title 9 / Chapter 45 / Section 9-45-12
Publication and filing of resolution vacating platted street or alley
Status: in_force

A resolution of vacation pursuant to § 9-45-9 or 9-45-11 shall be published, to take effect, and be subject to referendum as other resolutions, and upon taking effect a transcript of such resolution duly certified by the auditor or clerk shall be filed for record and duly recorded in the office of the register of deeds of the county.

Source: SL 1890, ch 37, art XVI, § 13; SL 1893, ch 122, § 1; RPolC 1903, § 1301; RC 1919, § 6354; SDC 1939, § 45.1708; SL 1949, ch 186; SL 1951, ch 241, § 1.
S.D. Codified Laws § 9-10-10 — SD Code / Title 9 / Chapter 10 / Section 9-10-10
City manager--Qualifications and appointment--Residence--Restriction on appointment
Status: in_force

The city manager must be chosen by the governing body on the basis of executive and administrative qualifications, with special reference to actual experience in, or knowledge of, accepted practices in respect to the duties of office. The governing body may establish residency requirements for the manager.

A person elected to membership on the governing body may not be eligible for appointment as manager until one year has elapsed following the expiration of the term for which the member was elected.

Source: SL 1935, ch 158, § 4; SDC 1939, § 45.0903; SL 2025, ch 38, § 47.
S.D. Codified Laws § 9-35-13 — SD Code / Title 9 / Chapter 35 / Section 9-35-13
Petition for bus or transit service
Status: in_force

Fifteen percent of the registered voters, based upon the total number of registered voters at the last preceding general election may petition for a special election as to the exercise of any of the powers referred to in § 9-35-12 .

Source: SL 1970, ch 65, § 2; SL 1988, ch 63, § 8.
S.D. Codified Laws § 9-43-114 — SD Code / Title 9 / Chapter 43 / Section 9-43-114
Negotiable bonds to finance local improvement
Status: in_force

The governing body may provide by ordinance or resolution for the issuance of negotiable bonds without a vote of the voters in an amount not exceeding the entire cost of the local improvement. The bonds shall be issued and sold as provided in chapter 6-8B . However, all bonds shall mature not later than one year after the maturity of the last assessment installment. A single issue may be sold to finance several improvements.

Source: SL 2012, ch 57, § 42.
S.D. Codified Laws § 9-38-40 — SD Code / Title 9 / Chapter 38 / Section 9-38-40
Proceedings for ascertaining damages and benefits on grading of streets under park board
Status: in_force

Before any road, parkway, boulevard, or street under the control of the board shall be graded, or regraded, if the property owners to be damaged thereby shall not have waived all rights to compensation for damages, proceedings shall be had for the ascertainment of the damages and benefits to arise from such grading or regrading of such parkway, boulevard, road, or street in the manner provided by law.

The governing body upon the recommendation of the board may institute such proceedings and conduct the same to a conclusion.

Source: SL 1915, ch 260, § 53; RC 1919, § 6497; SDC 1939, § 45.2529.
S.D. Codified Laws § 9-41A-34 — SD Code / Title 9 / Chapter 41A / Section 9-41A-34
Encumbrance of property to secure obligations
Status: in_force

A municipal power agency may mortgage, pledge, and grant a security interest in any or all of its real and personal property to secure the payment of its bonds, notes, or other obligations or contracts.

Source: SL 1978, ch 66, § 31.
S.D. Codified Laws § 9-47-17 — SD Code / Title 9 / Chapter 47 / Section 9-47-17
Acquisition of water mains in newly annexed area
Status: in_force

Every municipality shall have the 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 water 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: SL 1951, ch 239; SDC Supp 1960, § 45.0201 (108); SL 1974, ch 81; SL 1982, ch 83, § 1; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-14-32 — SD Code / Title 9 / Chapter 14 / Section 9-14-32
9-14-32. Appropriations authorized for cost of insurance
Status: in_force

Municipalities of the State of South Dakota are hereby authorized to appropriate the necessary funds for the cost of all or any portion of the insurance provided for by § 9-14-30 .
S.D. Codified Laws § 9-38-99 — SD Code / Title 9 / Chapter 38 / Section 9-38-99
Land acquisition for playgrounds and recreational purposes--Sources of money used in payment
Status: in_force

Upon recommendation of the recreation 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 recreation, playgrounds, and children's parks, and establish the same. Payment for any land so selected and acquired may be made out of any money received for the use of the recreation board or by the issue and sale of bonds of the first or second class municipality after authorization as provided by law.

Source: SL 1949, ch 202, § 16; SDC Supp 1960, § 45.3216; SL 1978, ch 62, § 18; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-35-24 — SD Code / Title 9 / Chapter 35 / Section 9-35-24
Construction, maintenance, and lease of CATV system by municipality
Status: in_force

All municipalities which have never granted a franchise for cable television prior to July 1, 1988, may construct, maintain, and lease to others for operations community antenna television systems as defined in § 9-35-16 ; may issue revenue bonds pursuant to the provisions of chapter 9-40 for such purposes; and may combine such a system with other municipal systems and services into a single utility.

Source: SL 1982, ch 78; SL 1988, ch 79.
S.D. Codified Laws § 9-39-1 — SD Code / Title 9 / Chapter 39 / Section 9-39-1
Municipal power to construct and operate electric, light, heat, and power utilities
Status: in_force

Every municipality shall have power to construct, operate, and maintain any system or part thereof to provide light, heat, and power; to purchase electric current from without the limits of the municipality; to sell electric current to be transmitted to any point without the municipality; and to maintain transmission lines for such purposes without the municipality.

Source: SL 1915, ch 112, § 1; SL 1915, ch 118; RC 1919, § 6169 (17); SL 1925, ch 241; SDC 1939, § 45.0201 (77); SL 1951, ch 237; SL 1965, ch 210; SL 1965, ch 254, § 11; SL 1970, ch 261, § 11.
S.D. Codified Laws § 9-42-6 — SD Code / Title 9 / Chapter 42 / Section 9-42-6
Plans prepared and contract awarded by state or federal agency financing local improvement
Status: in_force

Whenever any local improvement is to be financed in whole or in part by any agency of the state or federal government, whether or not such improvement is also to be financed in part by special assessments to be levied upon property within the municipality, the plans and specifications therefor may be prepared and the contract therefor may be advertised and awarded by or under the direction of such state or federal agency, in accordance with the laws applicable to such agency, with like effect in all respects as if such plans and specifications had been prepared and such contract had been awarded by the municipality.

Source: SDC 1939, § 45.1501 as added by SL 1953, ch 260, § 1.
S.D. Codified Laws § 9-43-115 — SD Code / Title 9 / Chapter 43 / Section 9-43-115
Fund for payment of cost of improvements
Status: in_force

All amounts derived from special assessments for all local improvements shall be receipted into the account of the municipality. The proceeds of the sale of bonds issued pursuant to § 9-43-114 shall be placed into a fund and may be used only for the payment of the cost of the improvements. No moneys may be transferred out of the fund until all obligations that are charged against it have been discharged. Thereafter the governing body may transfer any unexpended and unobligated balance to the general fund.

Source: SL 2012, ch 57, § 43.
S.D. Codified Laws § 9-13-6.1 — SD Code / Title 9 / Chapter 13 / Section 9-13-6.1
Individual contests authorized when more than one seat vacant
Status: in_force

If more than one commissioner or alderman is to be elected for a like term, the governing body may, at least six months before the election, approve an ordinance requiring that candidates run for a specific position representing one of the incumbent seats.

Source: SL 1996, ch 59; SL 2025, ch 40, § 5, eff. Jan. 1, 2026.
S.D. Codified Laws § 9-3-5 — SD Code / Title 9 / Chapter 3 / Section 9-3-5
Voters' petition as application for incorporation--Number of signers--Petition contents--Name--Presentation to county commissioners
Status: in_force

The application for incorporation of a proposed municipality must be by a petition verified by the circulator and signed by not less than twenty-five percent of the qualified voters who are either residents and registered voters in the proposed municipality or landowners in the proposed municipality who are also registered voters of this state. The application shall identify the type of government to be formed, the number of trustees, commissioners, or wards in the proposed municipality, the boundaries and area according to the survey, and the legal resident population according to the census taken. The application must include the name of the proposed municipality. The name may not be the same as any incorporated municipality in the state. The application must be filed with the county auditor and heard at a regular or special meeting of the board of county commissioners within sixty days of being filed.

Source: SDC 1939, § 45.0304; SL 1987, ch 67, § 20; SL 1999, ch 37, § 2; SL 2016, ch 48, § 6; SL 2024, ch 28, § 23.
S.D. Codified Laws § 9-21-14.1 — SD Code / Title 9 / Chapter 21 / Section 9-21-14.1
Accumulation of funds for capital outlay purposes--Maximum amount
Status: in_force

The governing body of a municipality may by resolution authorize the accumulation of funds for a period longer than one year for specific capital outlay purposes otherwise authorized by law. For the purpose of this section, capital outlay purposes means purposes which result in the acquisition of or additions to plant, or equipment, including expenditures for land, existing facilities, improvement of grounds, construction of facilities, additions to facilities, remodeling of facilities, or for the purchase of equipment. The governing body shall establish a maximum amount allowed to be accumulated in the fund.

Source: SL 1979, ch 55, § 1; SL 1980, ch 68, § 1; SL 1989, ch 75, § 1; SL 2016, ch 53, § 2.
S.D. Codified Laws § 9-53-4 — SD Code / Title 9 / Chapter 53 / Section 9-53-4
Feasibility survey conducted prior to establishment of district
Status: in_force

Prior to the establishment of any benefit district for the acquiring or improving of a public convention hall, the governing body shall cause to be conducted a survey and investigation of the feasibility of such proposed district. Such survey shall include a determination of the desirability of the proposed location of such convention hall, the approximate cost to acquire a site and to make the proposed improvement, the area to be included within such district, the assessed valuation of the privately owned property subject to assessment in such proposed district, the necessity for the creation of such a district, and such other matters as the governing body deems necessary to properly consider the necessity for such a district and the financial feasibility of its creation.

Source: SL 1967, ch 230, § 4.
S.D. Codified Laws § 9-38-34.1 — SD Code / Title 9 / Chapter 38 / Section 9-38-34.1
Private sale of park land occupied by encroaching building prior to January 1, 1988--Appraisal--Election exemption--Exchange of land--Sale as administrative decision
Status: in_force

The governing body of a municipality may, by private sale, sell park land physically occupied by an encroaching building and the park land around the building extending a distance not to exceed ten feet from the foundation of the building provided the building was in existence prior to January 1, 1988. Such park land may only be sold to the owner of the encroaching building and may be sold without competitive bidding. The municipality shall have such land appraised by one or more persons licensed by the state to do fee appraisals. The municipality may not sell the property for less than the appraisal price. The change of the use of such land need not be submitted to the voters of the municipality pursuant to § 9-38-34 . If the governing board of the first or second class municipality desires to exchange the land that it is disposing of for other land owned by the person whose building encroaches on the park property, the governing body may do so as long as the municipality has both properties appraised and receives equivalent value in the form of land and cash for the park property disposed of. The sale of property pursuant to this section is an administrative decision pursuant to § 9-20-19 .

Source: SL 1988, ch 80; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-34-16 — SD Code / Title 9 / Chapter 34 / Section 9-34-16
Mind readers and fortunetellers
Status: in_force

Every municipality shall have power to license, tax, regulate, or prohibit palmists, clairvoyants, phrenologists, mind readers, fortunetellers, and fakirs.

Source: SL 1909, ch 31; RC 1919, § 6169 (61); SDC 1939, § 45.0201 (70).
S.D. Codified Laws § 9-32-10 — SD Code / Title 9 / Chapter 32 / Section 9-32-10
Refuse in public places and streams
Status: in_force

Every municipality shall have power to regulate and prevent the placing of ashes, dirt, garbage, or any offensive matter in any street or public ground or in any body or stream of water, within the municipality.

Source: SL 1890, ch 37, art V, § 1, subdiv 15; RPolC 1903, § 1229, subdiv 15; SL 1913, ch 119, § 53, subdiv 16; RC 1919, § 6169 (74); SDC 1939, § 45.0201 (38).
S.D. Codified Laws § 9-36-4 — SD Code / Title 9 / Chapter 36 / Section 9-36-4
Notice of proposed resolution to establish stream boundaries--Contents and publication
Status: in_force

After said plat shall have been filed, notice of such proposed resolution shall be given by the auditor or clerk by publication once each week for at least two successive weeks.

The notice shall refer to the plat on file in the office of the auditor or clerk and shall fix the time and place when the governing body shall meet to act upon said resolution. It shall specify the legal description of all real property abutting upon said river or stream which shall be affected by said proposed boundary lines, and shall require all persons owning or interested in any property affected by said proposed boundary lines to appear at the meeting of the governing body and file in writing any objection which they may have to the said resolution.

Source: SL 1931, ch 189, § 3; SDC 1939, § 45.2002; SL 1972, ch 51, § 1.
S.D. Codified Laws § 9-43-83 — SD Code / Title 9 / Chapter 43 / Section 9-43-83
Notice of hearing--Publication
Status: in_force

The notice of hearing on the proposed resolution of necessity shall contain the time and place of the hearing and shall state that the governing body will consider any objections to the proposed resolution by owners of the property liable to be assessed. Notice of hearing on the proposed resolution of necessity shall be published once, not less than ten nor more than twenty days before the hearing on the resolution of necessity.

Source: SL 2012, ch 57, § 11.
S.D. Codified Laws § 9-36-11 — SD Code / Title 9 / Chapter 36 / Section 9-36-11
Navigation and flood control improvements within stream boundaries--Acquisition of property--Assessments against adjoining property
Status: in_force

Any municipality may construct, reconstruct, repair, and maintain bulkheads, wharves, levees, or breakwaters along or across any river or stream flowing within or through its boundaries. For that purpose the municipality may purchase or condemn private property and assess the cost against the property upon which the improvement is situated, and upon the lots abutting or adjoining such property upon that side of the river or stream on which the improvement is constructed, as provided in chapter 9-43 .

Source: SL 1911, ch 94, § 1; RC 1919, § 6367; SDC 1939, § 45.2008; SL 2012, ch 57, § 68.
S.D. Codified Laws § 9-38-7 — SD Code / Title 9 / Chapter 38 / Section 9-38-7
Governing body to control parks unless board created
Status: in_force

Except as provided for first or second class municipalities under a commission form of government the public parks of every municipality, whether within or without the limits of the municipality, shall be under the control and supervision of the governing body thereof unless a park board shall have been created as provided in this chapter.

Source: RC 1919, § 6433; SDC 1939, § 45.2501; SL 1970, ch 63, § 2; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-8-13 — SD Code / Title 9 / Chapter 8 / Section 9-8-13
Mayor--Temporary absence or incapacity--Mayor pro tempore--Duties and authority
Status: in_force

The mayor pro tempore shall perform the mayor’s duties, except that the mayor pro tempore may not appoint, employ, or remove appointive officers without approval of the council.

The mayor pro tempore acts as the presiding officer of the council, but the mayor pro tempore may only vote as an alderman. No alderman acting as mayor may vote as the mayor to break a tie vote.

For purposes of this section "appointive officers" are municipal employees or members of a board, commission, committee, or similar body that the mayor has the authority to appoint, with or without the approval of the council.

Source: SL 2025, ch 38, § 27.
S.D. Codified Laws § 9-55-21 — SD Code / Title 9 / Chapter 55 / Section 9-55-21
Use of donated funds or grants
Status: in_force

The municipality may receive, administer, and disburse donated funds or grants for the purposes of and in the manner authorized by this chapter.

Source: SL 1986, ch 81, § 21.
S.D. Codified Laws § 9-39-13 — SD Code / Title 9 / Chapter 39 / Section 9-39-13
Bond required of utility board members--Payment of premium
Status: in_force

Each municipal utility board member shall execute and furnish to the municipality an official bond in the sum of twenty - five hundred dollars to be approved by the mayor or chairman of the town board and filed with the city auditor or town clerk with the premium on said bond to be paid by the municipality from the fund of the utility or utilities being controlled or managed or to be controlled and managed by such municipal utility board.

Source: SL 1955, ch 221, § 3; SDC Supp 1960, § 45.3903 (1).
S.D. Codified Laws § 9-13-25 — SD Code / Title 9 / Chapter 13 / Section 9-13-25
Election result--Highest vote total or runoff
Status: in_force

Except as otherwise provided in this section, the person having the highest number of votes for any municipal office is elected.

The governing body of any municipality may, by ordinance enacted at least six months before the election, require a runoff election to be conducted pursuant to §§ 9-13-26.1 and 9-13-27.1 .

Source: RPolC 1903, § 1290; RC 1919, § 6329; SDC 1939, § 45.1323; SL 1963, ch 279, § 2; SL 1992, ch 60, § 2; SL 1993, ch 70, § 1; SL 2009, ch 33, § 1; SL 2010, ch 74, § 7; SL 2021, ch 40, § 2; SL 2025, ch 40, § 9, eff. Jan. 1, 2026.
S.D. Codified Laws § 9-47-21 — SD Code / Title 9 / Chapter 47 / Section 9-47-21
Operation of irrigation system authorized--Special assessments--Election on water supply--Regulation of use of water
Status: in_force

Any municipality may operate and maintain a system of irrigation within the municipality. The municipality may assess the cost of the system against abutting or benefited property in the manner provided by chapter 9-43 , if a connection with an irrigation water supply system is available. If such a connection is not available, the providing of a means of a water supply for irrigation shall be first authorized at a regular or special election. The municipality may regulate the distribution and use of water supplied for irrigation.

Source: SL 1923, ch 231; SDC 1939, § 45.0201 (80); SL 2012, ch 57, § 103.
S.D. Codified Laws § 9-14-30 — SD Code / Title 9 / Chapter 14 / Section 9-14-30
Life, health, and accident insurance for municipal officers and employees--Restriction on accident insurance
Status: in_force

Any municipality may provide, either by self-insurance or contract, group life, health, and accident insurance, or any combination of coverage, for employees and officers of the municipality, and the immediate families of the employees and officers. Accident insurance applies only if benefits under the worker's compensation law are not applicable.

Source: SL 1949, ch 199, § 2; SDC Supp 1960, § 45.0201-1(7); SL 1978, ch 49, § 1; SL 1986, ch 70, § 1; SL 2026, ch 33, § 23.
S.D. Codified Laws § 9-2-2 — SD Code / Title 9 / Chapter 2 / Section 9-2-2
Population determined by census--Estimate by election totals after change of municipal boundaries
Status: in_force

For the purpose of classification, the population of each municipality is determined by the last preceding federal census. Whenever the municipal boundaries included in the last preceding census substantially differ from the current boundaries of the municipality, the governing body by resolution may direct the finance officer to determine the population by filing a certificate showing the number of persons who voted at the last preceding annual municipal election. That number multiplied by three constitutes the population for the purpose of classification until the next federal census is completed.

Source: SL 1899, ch 61, § 2; RPolC 1903, § 1180; SL 1913, ch 121; RC 1919, § 6168; SDC 1939, § 45.0103; SL 2024, ch 28, § 15.
S.D. Codified Laws § 9-12-16 — SD Code / Title 9 / Chapter 12 / Section 9-12-16
Option to adopt campaign finance law
Status: in_force

The municipal governing body may adopt an ordinance to make the provisions of chapter 12-27 applicable to municipal elections.

Source: SL 1980, ch 62, § 1; SL 2008, ch 67, § 21.
S.D. Codified Laws § 9-36-14 — SD Code / Title 9 / Chapter 36 / Section 9-36-14
Neglect by property owner to keep stream improvements in repair--Liability for damages
Status: in_force

Any owner of property upon which has been or shall hereafter be constructed any such improvement, and any owner of abutting or adjoining property as described in § 9-36-12 who shall neglect to repair such improvement forthwith when notified by the governing body so to do, shall be liable to the municipality for any damages caused by such neglect, but such owner shall not be liable for any damage caused by breaking of dams used for the storage of water or by unusual torrential floods.

Source: SL 1911, ch 94, § 5; RC 1919, § 6367; SDC 1939, § 45.2008.
S.D. Codified Laws § 9-46-11 — SD Code / Title 9 / Chapter 46 / Section 9-46-11
Mailboxes on or adjacent to curbs or sidewalks
Status: in_force

The governing body shall be authorized by ordinance to allow mailboxes to be located on or adjacent to a municipal street curb or sidewalk.

Source: SL 1976, ch 86.
S.D. Codified Laws § 9-12-3 — SD Code / Title 9 / Chapter 12 / Section 9-12-3
Expenses of officers and employees in attending meetings
Status: in_force

Every municipality may appropriate funds to pay the necessary expenses of its officers or employees in conducting business or attending meetings within or without the state as the governing body determines necessary to carry out authorized municipal activities.

Source: SL 1957, ch 257; SDC Supp 1960, § 45.0201-1 (19); SL 2025, ch 38, § 60.
S.D. Codified Laws § 9-38-95 — SD Code / Title 9 / Chapter 38 / Section 9-38-95
Bonds required of recreation board officers and employees
Status: in_force

The recreation board may require all of its officers and employees, except laborers, to give bond for the faithful performance of their duties in such sum as shall be fixed by it, which bonds shall be filed with the city auditor.

Source: SL 1949, ch 202, § 11; SDC Supp 1960, § 45.3211.
S.D. Codified Laws § 9-39-6 — SD Code / Title 9 / Chapter 39 / Section 9-39-6
Municipal power to place utilities under utility board--Utilities subject to provisions
Status: in_force

Any municipality may, by vote of its voters, as hereinafter provided, determine whether or not the management and control of one or more utility which the municipality owns or may acquire, such as waterworks, heating plant, gas works, electric light or power plant, or other revenue producing municipal utility or business, shall be placed in the hands of a municipal utility board for the management and control of such utility.

Source: SL 1955, ch 221, § 1; SDC Supp 1960, § 45.3901.
S.D. Codified Laws § 9-22-6 — SD Code / Title 9 / Chapter 22 / Section 9-22-6
Designation of depositories for municipal funds
Status: in_force

The governing body shall designate the depository or depositories in which the funds belonging to the municipality shall be deposited. Such depository or depositories shall be a bank or banks within the State of South Dakota, unless otherwise specifically provided by law.

Source: SL 1913, ch 119, § 122; RC 1919, § 6344; SL 1919, ch 272; SL 1921, ch 335; SL 1925, ch 236; SL 1929, ch 188; SDC 1939, § 45.1423; SL 1943, ch 166; SL 1959, ch 270; SL 1974, ch 39, § 15.
S.D. Codified Laws § 9-38-113 — SD Code / Title 9 / Chapter 38 / Section 9-38-113
Special recreation gift fund authorized
Status: in_force

Any recreation board may accept any gift, grant, devise or bequest made or offered by any person, private agency, agency of state government, the federal government, or any of its agencies, for recreation purposes. Each donation shall be administered in accordance with its terms. The recreation board may establish a special recreation gift fund. The moneys in the fund shall be derived from all or any part of any gift, bequest or devise, including the interest thereon. The special recreation gift fund shall be a separate and continuing fund, and no moneys in the fund may revert to the general fund of any local governmental unit.

Source: SL 1996, ch 61, § 2.
S.D. Codified Laws § 9-16-9 — SD Code / Title 9 / Chapter 16 / Section 9-16-9
Gifts, devises, and bequests for fund
Status: in_force

The first or second class municipality may accept gifts, devises, and bequests for the pension fund.

Source: SL 1925, ch 239, § 5; SL 1937, ch 177; SDC 1939, § 45.1202; SL 1945, ch 199; SL 1947, ch 204; SL 1949, ch 183, § 2; SL 1955, ch 201, § 2; SL 1967, ch 220, § 2; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-53-2 — SD Code / Title 9 / Chapter 53 / Section 9-53-2
Municipal power to acquire, build, improve and maintain convention halls
Status: in_force

In addition to and not to the exclusion of any power granted to it by any law now in effect or hereafter enacted, any municipal corporation may provide for the acquisition of sites, building or improvement, and maintenance of a public convention hall as defined in this chapter and in conformity to this chapter.

Source: SL 1967, ch 230, § 1.
S.D. Codified Laws § 9-38-107 — SD Code / Title 9 / Chapter 38 / Section 9-38-107
Appropriations for art galleries and museums--Board to control expenditures
Status: in_force

A municipality may appropriate money for the purchase, construction, maintenance, and operation within the municipality of a public art gallery or public museum, or both, or for the support of an established art gallery or museum, or both, conducted for the use and benefit of the public and not for profit. The expenditure of such money shall be under the supervision of a three - member board appointed by the governing body of the municipality. Not more than one member of the board shall be a member of the governing body.

Source: SDC 1939, § 45.0201 (110) as added by SL 1965, ch 209; SL 1978, ch 62, § 20.
S.D. Codified Laws § 9-40-3 — SD Code / Title 9 / Chapter 40 / Section 9-40-3
Combining of systems and services into single utility system
Status: in_force

Any combined system furnishing light, heat, power, water supply, and sewerage service, or any of such services may be hereafter acquired, established, equipped, maintained, operated, extended, or improved as a single utility under the provisions of this chapter, and any two or more systems owned and operated by a municipality may be combined for such purposes, or additional services of the types mentioned in § 9-40-1 may be added to those furnished by any utility system owned and operated by the municipality; provided, that the nature of such combined system shall be set forth and the necessity for such combination determined in and by the ordinance required by the provisions of § 9-40-5 .

Source: SDC 1939, § 45.2401 as added by SL 1949, ch 191, § 1; SL 1957, ch 251.
S.D. Codified Laws § 9-55-18 — SD Code / Title 9 / Chapter 55 / Section 9-55-18
Purpose of taxation or assessment by municipality--Limitations on taxation and assessment--Method of taxation or assessment
Status: in_force

A municipality may levy a general business occupation tax, or a special assessment against the real property located in a district to the extent of the special benefit to such property, for the purpose of paying all or any part of the cost of maintenance, repair and reconstruction, including utility costs, of any improvement or facility in the district. Districts created for taxation or assessment of maintenance, repair and reconstruction costs, including utility costs, of improvements or facilities which are authorized by this chapter but which were not acquired or constructed pursuant to this chapter, may be taxed or assessed as provided in this chapter. Any occupation tax levied under this chapter shall be limited to those improvements and facilities authorized by this chapter. The governing body may levy such occupation taxes or special assessments under either of the following methods:

(1) The governing body may not more frequently than annually, determine the costs of maintenance, repair and reconstruction of a facility. Such costs shall be either assessed to the real property located in such district in accordance with the proposed method of assessment, or taxed against the businesses and users of space in the district, whichever may be applicable as determined by the resolution creating the district. However, if the governing body finds that the method of assessment proposed in the resolution creating the district does not provide a fair and equitable method of apportioning such costs, then it may assess the costs under such method as the governing body finds to be fair and equitable. At the hearing on such taxes or assessments, objections may be made to the total cost and the proposed allocation of such costs among the parcels of real property or businesses in such district; or

(2) After notice is given to the owners or businesses as provided in this chapter, the governing body may establish and may from time to time change the percentage of such costs for maintenance, repair and reconstruction which each parcel of real property or each business or user of space in any district shall pay. The governing body shall annually determine the total amount of such costs for each period since costs were last taxed or assessed, and shall, after a hearing, tax or assess such costs to the real property in the district in accordance with the percentages previously established at such hearing. Notice of such hearing shall be given as provided in § 9-55-13 and shall state the total costs and percentage to be taxed or assessed to each parcel of real property. Unless objections are filed with the finance officer at least five days before such hearing, all objections to the amount of total costs and the assessments shall be levied as stated in such notice. However, the governing body may reduce any assessment percentage.

Source: SL 1986, ch 81, § 18.
S.D. Codified Laws § 9-22-6.2 — SD Code / Title 9 / Chapter 22 / Section 9-22-6.2
Domestic federal credit union as official depository--Requirement
Status: in_force

Any domestic federal credit union chartered by the United States is a qualified public depository for municipal funds if such funds are invested in accounts which are insured by the National Credit Union Administration.

Source: SL 1987, ch 71, § 2.
S.D. Codified Laws § 9-10-12 — SD Code / Title 9 / Chapter 10 / Section 9-10-12
City manager--Absence, disability, or suspension
Status: in_force

In case of the absence or disability of the manager or in case of suspension as provided in § 9-10-11 , the governing body may designate a qualified administrative officer of the municipality to perform the duties of the manager during the absence, disability, or suspension.

Source: SL 1917, ch 303, § 9; RC 1919, § 6237; SL 1935, ch 158, § 4; SDC 1939, § 45.0903; SL 1992, ch 60, § 2; SL 2025, ch 38, § 49.
S.D. Codified Laws § 9-53-3 — SD Code / Title 9 / Chapter 53 / Section 9-53-3
Establishment of benefit district--Assessment of costs against property
Status: in_force

The governing body of a municipality shall have the power to establish a district for the acquisition of sites, building of a public convention hall or for the improving of an existing public convention hall, to establish the boundaries of such district, and to assess all or any part of the cost of acquisition and improvement and building of a public convention hall against the privately owned property within the district so created.

Source: SL 1967, ch 230, § 3.
S.D. Codified Laws § 9-14-19 — SD Code / Title 9 / Chapter 14 / Section 9-14-19
9-14-19. Supervision of municipal accounting system
Status: in_force

The municipal finance officer shall supervise the accounting system for all departments and offices of the municipality in accordance with the recommendations of the Department of Legislative Audit except that for those municipalities administered under the city manager form of government, the supervision is by the city manager.
S.D. Codified Laws § 9-52-15 — SD Code / Title 9 / Chapter 52 / Section 9-52-15
Bondholders' statutory mortgage on auditorium property--Enforcement of lien and compelling performance of duties
Status: in_force

There shall be a statutory mortgage lien upon all properties acquired by any municipality for auditorium purposes by the use of the proceeds of revenue bonds issued under the provisions of this chapter, and all additions and improvements thereto financed out of the earnings of the auditorium or by the issuance of revenue bonds, in favor of and for the benefit of the lawful holders of all revenue bonds issued pursuant hereto, but no such lien shall attach to or become a charge upon or against any other property of the municipality by whatever means or funds acquired. Said properties shall remain subject to such statutory mortgage lien until the payment in full of the principal and interest of all revenue bonds issued pursuant to this chapter. Any holder of said bonds or of any coupons thereto attached may by proper proceeding either at law or in equity protect and enforce said lien and compel performance of all duties required by this chapter.

Source: SL 1951, ch 246, § 4; SDC Supp 1960, § 45.24B04.
S.D. Codified Laws § 9-43-119 — SD Code / Title 9 / Chapter 43 / Section 9-43-119
Calculation of net indebtedness of municipality on general obligation bonds
Status: in_force

The principal amount of all special assessment bonds that are held in any debt service fund and that are not in default as to either principal or interest, as well as other assets of the fund, are deductible from the principal amount of the outstanding general obligation bonds for which the debt service fund is maintained, in determining at any time the net indebtedness of the municipality represented by the general obligation bonds.

Source: SL 2012, ch 57, § 47.
S.D. Codified Laws § 9-20-11.2 — SD Code / Title 9 / Chapter 20 / Section 9-20-11.2
Date to certify ballot language to county auditor
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 certify the ballot language to the county auditor by the first Tuesday in August of the year of the general election. However, the county auditor may extend the certification deadline for the municipality, if the county auditor determines that the extension will not prevent absentee ballots from being available by the date to begin absentee voting.

Source: SL 1995, ch 47, § 3; SL 2003, ch 41, § 3; SL 2007, ch 81, § 3; SL 2009, ch 69, § 10; SL 2018, ch 51, § 1.
S.D. Codified Laws § 9-48-18 — SD Code / Title 9 / Chapter 48 / Section 9-48-18
Property owners' protest against purchase of private sewer
Status: in_force

If the owners of a majority of the real property fronting or abutting on a sewer described in § 9-48-16 prior to such resolution becoming effective shall file a written protest against such purchase, the governing body shall not have power to purchase the same.

Source: SL 1909, ch 110, § 16; RC 1919, § 6383; SDC 1939, § 45.1815.
S.D. Codified Laws § 9-41-4 — SD Code / Title 9 / Chapter 41 / Section 9-41-4
Ordinance provisions for operation of system and security of bondholders
Status: in_force

A municipality so improving, expanding, or reconstructing its telephone lines or facilities may provide by ordinance or resolution duly adopted by its governing body any such lawful provisions and stipulations for the proper operation and maintenance thereof, the administration of the income and revenues, and for the security of the bondholders as a governing body may deem necessary.

Source: SL 1953, ch 275, § 7; SDC Supp 1960, § 45.24C07.
S.D. Codified Laws § 9-41A-36 — SD Code / Title 9 / Chapter 41A / Section 9-41A-36
Payments in lieu of property tax--Valuation of property
Status: in_force

A municipal power agency shall pay to each taxing agency within whose taxing jurisdiction its property is situated, in lieu of taxes on its property, the amounts of the taxes which would be payable if its property were owned by a private person. For this purpose the property of a municipal power agency shall be valued in the same manner and by the same procedure as the property of private persons.

Source: SL 1978, ch 66, § 32.
S.D. Codified Laws § 9-35-18 — SD Code / Title 9 / Chapter 35 / Section 9-35-18
Regulation of CATV systems by ordinance
Status: in_force

Notwithstanding the provisions of § 9-35-3 , all municipalities shall have exclusive jurisdiction by ordinance to regulate, prohibit, and consent to the construction, installation, operation, and maintenance of CATV systems within their corporate limits.

Source: SL 1972, ch 52, § 3.
S.D. Codified Laws § 9-14-5 — SD Code / Title 9 / Chapter 14 / Section 9-14-5
Qualification and discharge of duties--Appointed officers--Elected officers--Officers appointed to fill elected office
Status: in_force

Each appointed municipal officer shall begin discharging the duties of the office as soon as the officer has qualified by filing an oath or affirmation of office, as provided in § 3-1-5 . The officer shall file the form with the municipal finance officer within ten days after the first meeting of the month following the appointment. The officer shall hold office until the appointment and qualification of a successor, including during any interim term created by a change of form of government.

A municipal officer elected to fill a vacancy shall begin discharging the duties of the office as soon as the officer has qualified by filing an oath or affirmation of office, as provided in § 3-1-5 . The officer shall file the form with the municipal finance officer within ten days after the first meeting of the month following the election. If the elected officer fails to file the form, a vacancy is created pursuant to § 9-13-28 .

Any individual appointed to fill a vacancy for an elective office shall begin discharging the duties of the office as soon as the individual has qualified by filing an oath or affirmation of office, as provided in § 3-1-5 . The appointed officer shall file the form with the municipal finance officer within ten days after the appointment. If the appointed officer fails to file the form, a vacancy is created pursuant to § 9-13-28 .

Source: SDC 1939, § 45.1105; SL 1985, ch 119, § 12; SL 1996, ch 60, § 3; SL 2002, ch 47, § 2; SL 2016, ch 50, § 1; SL 2026, ch 33, § 6.
S.D. Codified Laws § 9-51-32 — SD Code / Title 9 / Chapter 51 / Section 9-51-32
Lease of municipally owned parking facilities--Regulation of rates--Improvements by lessee--Publication of terms of lease
Status: in_force

The governing body of any municipality providing automobile parking facilities may make such other provisions for their operation and management as it may deem necessary and it may lease or rent for a term of years, not exceeding forty, any or all off - street facilities to persons, firms, or corporations to be used for purposes of automobile parking and fix the rentals to be charged therefor, and when so leased the governing body shall regulate the rates and charges to be exacted for services so provided. Such lease may require the lessee to make improvements which may become the property of the municipality upon the completion thereof or upon the expiration or termination of the lease. Provided, however, that the terms of any lease or rental agreement must be published in the official newspaper of the municipality once a week for at least two successive weeks, prior to entering into such lease or rental agreement by the governing body of the municipality.

Source: SL 1955, ch 216, § 9; SDC Supp 1960, § 45.02A09; SL 1972, ch 28, § 10.
S.D. Codified Laws § 9-16-4 — SD Code / Title 9 / Chapter 16 / Section 9-16-4
Inclusion of firemen in retirement system
Status: in_force

A municipality of the first class having a retirement system for its employees and officers may, by ordinance adopted by the governing body of the municipality, include the firemen employed by the municipality in the membership of the employees' and officers' retirement system established under authority given by § 9-16-3 in lieu of a separate firemen's pension fund.

Source: SL 1949, ch 183, § 5; SDC Supp 1960, § 45.1204-1; SL 1978, ch 62, § 4; SL 1984, ch 56, § 4; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-34-4 — SD Code / Title 9 / Chapter 34 / Section 9-34-4
Weighing and measuring of articles of merchandise--City scales--Weighers and inspectors
Status: in_force

Every municipality shall have power to provide for the inspection, weighing, and measuring of articles of merchandise and fuel and for the places and manner of weighing and measuring the same, and to establish city scales, and to appoint weighers and inspectors.

Source: SL 1890, ch 37, art V, § 1, subdiv 39; RPolC 1903, § 1229, subdiv 39; SL 1913, ch 119, § 53, subdiv 39; RC 1919, § 6169 (68); SL 1919, ch 275; SDC 1939, § 45.0201 (59).
S.D. Codified Laws § 9-51-2 — SD Code / Title 9 / Chapter 51 / Section 9-51-2
Portion of parking meter revenues accumulated in parking lot and area fund--Approval of voters required--Computation of revenues
Status: in_force

A municipality shall be required to accumulate at least fifty percent of the revenues derived from parking meters in a special fund to be known as the "parking lot and area fund"; provided that a majority of the voters of the municipality voting at any regular or special election called for that purpose, shall have first determined that fifty percent of the revenues so derived shall be deposited and used. Fifty percent of the revenue shall mean one - half of the revenues remaining after payments on purchase price and the actual cost of repairing said meters.

Source: SL 1951, ch 244, § 2; SL 1953, ch 252, § 1; SDC Supp 1960, § 45.0201-1 (10); SL 1961, ch 243.
S.D. Codified Laws § 9-43-77 — SD Code / Title 9 / Chapter 43 / Section 9-43-77
Sources of funds for payment of cost of improvement
Status: in_force

The entire cost of a local improvement or any part of the improvement may be paid out of the funds of the municipality not otherwise appropriated, paid by funds received through any authorized financing mechanism, or the governing body may issue general obligation bonds in accordance with the provisions of chapter 6-8B .

Source: SL 2012, ch 57, § 5.
S.D. Codified Laws § 9-16-48 — SD Code / Title 9 / Chapter 16 / Section 9-16-48
Validation of pensions and benefits previously paid
Status: in_force

In all cases if a municipal retirement system or a first or second class municipality has, prior to July 1, 1985, paid any pension or other benefit out of funds provided by the municipality, the pensions or other benefits and all proceedings thereon, contracts made or performed, ordinances or regulations established, and any levy and appropriation of taxes or revenues for payment thereof, are hereby declared to be valid and legal, notwithstanding any defect or irregularity, other than constitutional defects, in any of the payments, contracts, ordinances, or regulations, including, but not limited to, any conflict with any state statute existing at the time of payments.

Source: SL 1979, ch 53, § 2; SL 1984, ch 56, § 51; SL 1986, ch 72; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-22-19 — SD Code / Title 9 / Chapter 22 / Section 9-22-19
Treasurer's monthly settlement with auditor or clerk
Status: in_force

The treasurer shall have a settlement with the auditor or clerk at the end of every month and turn over all warrants, interest coupons, bonds, or other evidence of indebtedness which may have been paid by him during the month, taking the receipt of the auditor or clerk therefor, and all such evidences of indebtedness shall be canceled by him and have written or stamped thereon the date of their payment.

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 § 9-19-3.1 — SD Code / Title 9 / Chapter 19 / Section 9-19-3.1
Ordinance violation--Criminal procedure if subject to criminal penalty
Status: in_force

In a prosecution for the violation of any municipal ordinance or resolution that authorizes a criminal penalty, the proceedings are governed by the procedures set forth in title 23A.

Source: SL 1975, ch 96, § 1; SL 1992, ch 60, § 2; SL 2026, ch 33, § 35.
S.D. Codified Laws § 9-19-15 — SD Code / Title 9 / Chapter 19 / Section 9-19-15
Compilation of ordinances
Status: in_force

A municipality may compile the municipal ordinances, without revision or amendment, for publication in ordinance book or codified form. The codification is effective without publication as required for ordinances.

Source: SDC 1939, § 45.0201 (20); SL 1984, ch 57, § 1; SL 1997, ch 49, § 1; SL 2026, ch 33, § 46.
S.D. Codified Laws § 9-52-2 — SD Code / Title 9 / Chapter 52 / Section 9-52-2
Power to create auditorium board
Status: in_force

Every municipality may create an appointive board for the purpose of managing municipal auditoriums and to provide by ordinance the number, the qualifications, mode of appointment, tenure of office, compensation, powers, duties of, and rules and regulations governing such board.

Source: SL 1955, ch 197; SDC Supp 1960, § 45.0201 (109); SL 1992, ch 67; SL 1995, ch 49, § 16.
S.D. Codified Laws § 9-9-25 — SD Code / Title 9 / Chapter 9 / Section 9-9-25
Division of responsibilities in three-commissioner municipalities
Status: in_force

If a municipality is governed by a board consisting of three commissioners, the mayor and commissioners have the powers and duties described in §§ 9-9-26 and 9-9-27 .

Source: SL 1913, ch 119, § 19; SL 1915, ch 113, § 3; RC 1919, § 6226; SDC 1939, § 45.0807; SL 1992, ch 60, § 2; SL 2018, ch 49, § 24.
S.D. Codified Laws § 9-38-30 — SD Code / Title 9 / Chapter 38 / Section 9-38-30
Division of first or second class municipality into park districts--Change in districts on change in municipal boundaries
Status: in_force

Upon the recommendation of the board the governing body may divide the first or second class municipality into park districts.

Whenever the municipality shall extend or change its limits, the governing body upon the recommendation of the board may divide the added territory into new park districts or add the same to districts already established.

Source: SL 1915, ch 260, § 12; RC 1919, § 6455; SDC 1939, § 45.2518; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-45-9 — SD Code / Title 9 / Chapter 45 / Section 9-45-9
Hearing and decision on vacation of street, alley, or public ground--Vote required
Status: in_force

The governing body or such committee at the time and place appointed shall investigate and consider the matter and shall hear the evidence and testimony of the parties interested. The governing body, after hearing the same or upon the report of such committee favoring the granting of such petition, may declare by resolution passed by a two - thirds vote of all the members, such street, alley, or public ground vacated.

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.
S.D. Codified Laws § 9-5-20 — SD Code / Title 9 / Chapter 5 / Section 9-5-20
Continuation in force of ordinances, contracts, rights and liabilities of annexed municipality and school district
Status: in_force

All ordinances, resolutions, contracts, franchises, obligations, rights, and liabilities of the annexed municipality or school district shall continue in force and effect the same as though no consolidation had occurred except as herein otherwise provided or except as completed, discharged, modified, repealed, or otherwise changed in the manner provided by law.

Source: SL 1951, ch 249, § 13; SDC Supp 1960, § 45.29A13.
S.D. Codified Laws § 9-45-11 — SD Code / Title 9 / Chapter 45 / Section 9-45-11
Notice and hearing on vacation of platted street or alley--Evidence of nonuser
Status: in_force

After the filing of a petition pursuant to § 9-45-10 , the governing body shall give notice by publication once each week for at least two successive weeks. The notice shall state that a petition has been filed, briefly state the object of the petition, and the date that the petition will be heard and considered by the governing body or the committee appointed by the governing body for that purpose. The hearing shall be held not less than ten days from the last publication of the notice. Upon the hearing it is sufficient to establish that the street, or alley, or any part thereof to be vacated, has not been used, worked, or traveled during the twenty years preceding the time for the meeting and since the recording of the plat thereof.

Source: SL 1893, ch 122, § 1; RPolC 1903, § 1301; RC 1919, § 6354; SDC 1939, § 45.1708; SL 1949, ch 186; SL 1951, ch 241, § 1; SL 1972, ch 51, § 3; SL 2007, ch 42, § 1; SL 2011, ch 45, § 1.
S.D. Codified Laws § 9-33-17 — SD Code / Title 9 / Chapter 33 / Section 9-33-17
City safety education programs
Status: in_force

Every municipality of the first class shall have power to establish, conduct, and support a program of education and instruction for the promotion of safety and the prevention of accidents.

Source: SL 1957, ch 256; SDC Supp 1960, § 45.0203 (7); SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-48-17 — SD Code / Title 9 / Chapter 48 / Section 9-48-17
Plans, specifications and cost estimate filed before purchase of sewer--Resolution
Status: in_force

No purchase pursuant to § 9-48-16 shall be made until plans and specifications of the location, arrangement, form, and size, and material to be used in the construction of such sewer or sewers and an estimate of the cost of constructing the same at the time of making such estimate shall have been made and filed by the engineer or other competent person and a resolution providing for such purchase has become effective after notice and hearing thereon as provided in the case of a resolution to construct service sewers.

Source: SL 1909, ch 110, § 16; RC 1919, § 6383; SDC 1939, § 45.1815.
S.D. Codified Laws § 9-29-16 — SD Code / Title 9 / Chapter 29 / Section 9-29-16
Police powers of mayor, commissioners, and town marshals
Status: in_force

The mayor of a first or second class municipality having a common council, each member of a board of city commissioners, and each town marshal shall possess, within the jurisdiction of the municipality, all the powers conferred by law upon sheriffs to suppress disorder and keep the peace.

Source: PolC 1877, ch 24, § 41; CL 1887, § 1066; SL 1890, ch 37, art III, § 6; RPolC 1903, §§ 1187, 1455; SL 1905, ch 170, § 1; SL 1913, ch 119, § 24; RC 1919, § 6279; SDC 1939, § 45.1112; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-43-123 — SD Code / Title 9 / Chapter 43 / Section 9-43-123
Transfer of excess assets to sinking fund for general obligation bonds issued to create and maintain special assessments
Status: in_force

If the governing body determines that the cash, assessment bonds, and any other investments held in the special assessment accounts are in excess of amounts required for financing contemplated future local improvements, it may transfer all or any part of the assets to the sinking fund for any outstanding general obligation bonds issued to create and maintain special assessments. The transfer is irrevocable, and the principal amount of all assessment bonds transferred that are not in default as to principal or interest, together with the other assets of the sinking fund, are deductible from the principal amount of the general obligation bonds in determining the net indebtedness of the municipality.

Source: SL 2012, ch 57, § 51.
S.D. Codified Laws § 9-40-30 — SD Code / Title 9 / Chapter 40 / Section 9-40-30
Surplus transferred to depreciation account
Status: in_force

If any surplus shall be accumulated at any time in the operation and maintenance fund, in excess of a reasonable reserve for current and anticipated expenses of operation and maintenance and in excess of the amount currently required to be set aside for the payment of any outstanding revenue bonds and interest thereon and for the accumulation of a reserve securing such bond and interest payments, in accordance with the ordinances or resolutions authorizing said bonds, any such surplus or any part thereof may be transferred at any time by the governing body to the depreciation account to be used for any improvements, extensions, or additions to such utility as provided in § 9-40-31 , or for the redemption of any bonds which constitute a lien upon the earnings of the utility, as and when the same become redeemable by their terms.

Source: SL 1931, ch 194, § 10; SDC 1939, § 45.2410; SL 1949, ch 191, § 5; SL 1953, ch 265.
S.D. Codified Laws § 9-26-27 — SD Code / Title 9 / Chapter 26 / Section 9-26-27
Tax proceeds placed in debt service fund--Application of debt service fund--Reduction of levy after transfers to debt service fund
Status: in_force

All taxes so levied when collected shall be placed in a special debt service fund and no part thereof shall be used for any purpose other than to pay the interest and principal of the bonds for which they were levied and collected; provided, that if any moneys shall upon the expiration of any fiscal year be transferred from other funds and irrevocably appropriated to said debt service fund, pursuant to the provisions of § 9-21-26.1 , the governing body may in its discretion cause the amount so transferred to be certified to the county auditor, who shall thereupon reduce the levy to be spread upon the tax lists for collection in the following year by the amount so certified, or by such lesser amount as shall be directed by the governing body.

Source: SDC 1939, § 45.2303 as added by SL 1949, ch 190, § 3.
S.D. Codified Laws § 9-53-8 — SD Code / Title 9 / Chapter 53 / Section 9-53-8
Costs of preliminary papers and resolution
Status: in_force

The survey, investigation, plats, schedules, and resolutions shall be prepared by municipal employees, officers, or such other persons or experts as the governing body shall deem necessary and the cost thereof shall be included as a part of the cost of the public convention hall, if one is subsequently acquired, or may be paid for from the general fund after being duly appropriated.

Source: SL 1967, ch 230, § 6.
S.D. Codified Laws § 9-9-24 — SD Code / Title 9 / Chapter 9 / Section 9-9-24
Commissioner of finance and revenue in five-commissioner municipality
Status: in_force

If a municipality is governed by a board consisting of five commissioners, the commissioner of finance and revenue shall enforce all laws for the assessment and collection of taxes of every kind and collection of all revenues belonging to the municipality from whatever source derived. The finance and revenue commissioner shall examine into and keep the board informed on the finances of the municipality and its assets and property.

Source: SDC 1939, § 45.0806 (5); SL 1991, ch 69, § 5; SL 2000, ch 35, § 4; SL 2018, ch 49, § 23.
S.D. Codified Laws § 9-22-13 — SD Code / Title 9 / Chapter 22 / Section 9-22-13
Maturity dates of securities in which debt service funds invested
Status: in_force

Moneys in any debt service fund shall be invested only in such of the securities named in § 9-22-12 as will become due and payable on or before the date when the bonds for the payment of which such debt service fund was created become due and payable, except bonds of the United States or of the State of South Dakota.

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 § 9-40-16 — SD Code / Title 9 / Chapter 40 / Section 9-40-16
Pledge of revenue to separate fund--Separate account for bond payments and reserve--Depreciation account and operational costs
Status: in_force

At or before the issuance of such revenue bonds the governing body by ordinance or resolution shall set aside, appropriate, and pledge the income and revenues of such utility, or such specified portion thereof as shall be determined by the governing body, into a separate and special fund or funds to be used and applied in payment of the cost thereof and in the maintenance, operation, repair, and depreciation thereof. Said ordinance or resolution shall provide that so much of the revenues from said utility as shall be necessary shall be set apart in a separate account and applied to the payment of the principal and interest of such revenue bonds and the accumulation of such reserve therefor as may be determined by the governing body to be necessary, and shall fix and determine as near as may be the monthly or annual proportion or amount of such income and revenues which is to be set aside as a proper and adequate depreciation account, and the balance shall be set aside and applied to the extent necessary for the reasonable and proper operation and maintenance thereof.

Source: SL 1931, ch 194, § 9; SDC 1939, § 45.2409; SL 1949, ch 191, § 4.
S.D. Codified Laws § 9-51-12 — SD Code / Title 9 / Chapter 51 / Section 9-51-12
State and federal aid to municipal parking facilities--Agreement by municipality
Status: in_force

Any municipality shall have power to accept state and federal aid in carrying out the provisions of §§ 9-51-9 to 9-51-33 , inclusive, and shall have authority to enter into any lawful agreement with the state or federal government, or any agency thereof, in regard thereto.

Source: SL 1955, ch 216, § 10; SDC Supp 1960, § 45.02A10.
S.D. Codified Laws § 9-21-22 — SD Code / Title 9 / Chapter 21 / Section 9-21-22
Maximum obligations under appropriation
Status: in_force

No obligation under any appropriation shall be incurred or warrant drawn in excess of seventy - five percent of the tax levy made for the fund provided for such appropriation for the current fiscal year and seventy - five percent of the cash in the treasury in such fund derived from sources other than such tax levy prior to the second Monday in May of each fiscal year, except under appropriation made exclusively for the purchase of land or buildings or the erection of buildings for the municipality.

Source: SL 1890, ch 37, art VII, § 3; RPolC 1903, § 1246; SL 1913, ch 119, § 120; SL 1915, ch 117, § 2; RC 1919, § 6343; SDC 1939, § 45.1415.
S.D. Codified Laws § 9-20-16 — SD Code / Title 9 / Chapter 20 / Section 9-20-16
Preservation of referendum petitions--Open to public inspection
Status: in_force

The auditor or clerk shall preserve all petitions invoking the referendum filed in his office for a period of at least two years, during which time such petitions shall be open to public inspection upon reasonable request.

Source: SL 1899, ch 94, § 7; RPolC 1903, § 1220; SL 1913, ch 119, § 44; RC 1919, § 6259; SDC 1939, § 45.1016.
S.D. Codified Laws § 9-41-7 — SD Code / Title 9 / Chapter 41 / Section 9-41-7
Bondholders' statutory mortgage on telephone improvements--Disposition of system prohibited until bonds retired
Status: in_force

There shall be a statutory mortgage lien upon the improvements, expanded or reconstructed telephone plant in favor of and for the equal benefit of the lawful holders of said bonds and interest coupons, and each of them, but no such lien shall attach to or become a charge upon or against those portions of the municipality's telephone lines or facilities which were not improved, expanded, or reconstructed with the proceeds of the revenue bonds. Until all such bonds are fully paid with interest, the municipality shall not sell or otherwise dispose of its improved, expanded, or reconstructed telephone lines or facilities and shall not establish, authorize, or grant a franchise for the operation of any other telephone company for furnishing exchange telephone service in competition with the municipal telephone lines and facilities within the municipal limits.

Source: SL 1953, ch 275, § 3; SDC Supp 1960, § 45.24C03.
S.D. Codified Laws § 9-3-14 — SD Code / Title 9 / Chapter 3 / Section 9-3-14
Canvass of votes on incorporation--Filing--Recording--Registry maintained by secretary of state
Status: in_force

Within thirty days of the order declaring incorporation, the county auditor shall file a certified copy of the canvass of the votes showing the result of the election held on the question of incorporation with the register of deeds and the secretary of state. The register of deeds shall record the certified copy. The secretary of state shall keep a registry of all incorporated municipalities within the state.

Source: RPolC 1903, § 1177; SL 1913, ch 119, § 8; RC 1919, § 6162; SDC 1939, § 45.0105; SL 2024, ch 28, § 29.
S.D. Codified Laws § 9-8-10 — SD Code / Title 9 / Chapter 8 / Section 9-8-10
Common council--Meetings--Voting
Status: in_force

All votes must be taken orally or by roll call. A vote may not be taken by secret ballot. If any member of the council 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.

The majority vote of all the aldermen is necessary to pass an ordinance or proposal that expends or appropriates money. The mayor may not break a tie on an ordinance or proposal to expend or appropriate money. The mayor may break a tie on all other ordinances or proposals.

A two-thirds vote of the aldermen is required to sell any city property.

Source: SL 1890, ch 37, art IV, § 12; RPolC 1903, § 1209; RC 1919, § 6215; SDC 1939, § 45.0707; SL 1992, ch 60, § 2; SL 2017, ch 56, § 9; SL 2025, ch 38, § 25.
S.D. Codified Laws § 9-51-13 — SD Code / Title 9 / Chapter 51 / Section 9-51-13
Issuance of parking facility revenue bonds authorized
Status: in_force

For the purpose of financing the cost of the acquisition, construction, or improvement of automobile parking facilities any municipality may issue bonds for the payment of which the credit and taxing powers of the municipality are not pledged, but as to which the principal and interest shall be payable solely out of the net revenue set aside, appropriated and pledged as hereinafter set forth and provided.

Source: SL 1955, ch 216, § 5; SDC Supp 1960, § 45.02A05.
S.D. Codified Laws § 9-55-1 — SD Code / Title 9 / Chapter 55 / Section 9-55-1
Definition of terms
Status: in_force

Terms as used in this chapter mean:

(1) "Assessable unit," the front foot, square foot, equivalent front foot, or other unit of assessment established under the proposed method of assessment set forth in the resolution of intent to create a business improvement district;

(2) "Occupation tax," a fee imposed on any person with an established place of business within the district for the privilege of doing business;

(3) "Record owner," the fee owner of real property as shown in the records of the office of the register of deeds in the county in which the business area is located. A contract purchaser of real property is the record owner for the purpose of this chapter and the only person entitled to petition pursuant to § 9-55-9 or protest pursuant to § 9-55-10 ; and

(4) "Space," the square foot space wherein customers, patients, clients, or other invitees are received and space from time to time used or available for use in connection with a business or profession of a user, except all space owned or used by political subdivisions.

Source: SL 1986, ch 81, § 1.
S.D. Codified Laws § 9-30-5 — SD Code / Title 9 / Chapter 30 / Section 9-30-5
Snow removal--Weed removal--Expense paid by special assessment
Status: in_force

Every municipality shall have power to require the owner of abutting property to remove snow and ice from sidewalks and weeds from parking, and to provide for their removal and for taxing the expense thereof by special assessment against the abutting property.

Source: RPolC 1903, § 1229, subdiv 14; SL 1907, ch 95; SL 1913, ch 119, § 53, subdiv 15; RC 1919, § 6169 (46); SDC 1939, § 45.0201 (45).
S.D. Codified Laws § 9-41A-27 — SD Code / Title 9 / Chapter 41A / Section 9-41A-27
Acceptance of loans and grants--Compliance with conditions
Status: in_force

A municipal power agency may contract for and accept any gifts or grants or loans of funds or property or financial or other aid in any form from any public agency or other person, and may comply, subject to the provisions of this chapter with the terms and conditions thereof.

Source: SL 1978, ch 66, § 30.
S.D. Codified Laws § 9-21-16.1 — SD Code / Title 9 / Chapter 21 / Section 9-21-16.1
Casualty reserve fund authorized--Limitation on amount and use of fund--Interest
Status: in_force

The governing body of a municipality may, by resolution or ordinance, establish a fund to be designated the casualty reserve fund and the governing body may, in their annual appropriation, set forth a specific amount for such fund. The amount appropriated shall be transferred to such fund. However, at no time may the money in such fund exceed the sum of one hundred thousand dollars. The money in the fund may be expended only for the payment of expenses to replace and repair property of the municipality which was damaged or lost as a result of a casualty loss. If this fund is at the maximum amount allowed, the interest earned from the investment of the fund shall be placed in the municipality's general fund.

Source: SL 1968, ch 189; SL 1977, ch 75; SL 1986, ch 74.
S.D. Codified Laws § 9-29-19 — SD Code / Title 9 / Chapter 29 / Section 9-29-19
Powers of policemen--Arrest
Status: in_force

All policemen of any municipality shall possess the powers of constables. They may pursue and arrest any person fleeing from justice in any part of the state, and when performing the duties aforesaid may arrest and detain any person guilty of any breach of the peace or any violation of the laws of the state or ordinance of the municipality.

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; SL 1981, ch 44, § 34.
S.D. Codified Laws § 9-48-26 — SD Code / Title 9 / Chapter 48 / Section 9-48-26
Sewer utility charges established by ordinance, resolution, or with voters' approval
Status: in_force

Any municipality which has installed or plans to install sewer utilities for public use may by ordinance or resolution establish charges to be paid to the municipality for the use of the sewer utilities by every user whose premises are served by a connection to the sewer utilities, directly or indirectly. A municipality may also submit to the voters of the municipality at any general election or any special election called for such purpose the question of whether or not the municipality shall establish charges for the use of sewer utilities. If a majority of the voters voting upon the question vote in favor of the question, then the municipality may by ordinance or resolution establish charges to be paid to the municipality for the use of the sewer utilities by every user whose premises are served by a connection to the sewer utilities, directly or indirectly. For the purposes of this section the term, sewer utilities, means any main, trunk, and service sewers; sanitary and storm sewers; and septic or sewage treatment plants, drains, and manholes.

Source: SL 1949, ch 204, § 1; SDC Supp 1960, § 45.1820; SL 1973, ch 57; SL 1982, ch 84, § 1; SL 2007, ch 44, § 1
S.D. Codified Laws § 9-21-28 — SD Code / Title 9 / Chapter 21 / Section 9-21-28
Transfer to school districts of surplus from revenue-producing enterprises--Transfer to funds
Status: in_force

Authority is hereby granted to all municipalities to transfer surplus funds accumulated through special municipal revenue producing enterprises to public school districts operating within the municipality; provided such transfer of funds shall be made through a majority vote of the governing body of the municipality and accepted by a majority vote of the governing body of such school district.

No funds shall be transferred that are acquired through legal tax levy in the municipality. All such funds may be transferred by the school district to the general fund or the capital outlay fund of such school district.

Source: SL 1947, ch 220, §§ 1, 2; SDC Supp 1960, § 45.1436; SL 2005, ch 98, § 2.
S.D. Codified Laws § 9-4-8 — SD Code / Title 9 / Chapter 4 / Section 9-4-8
Petition to circuit court for exclusion of territory after refusal by governing body
Status: in_force

Upon the failure of the governing body to grant the request contained in a petition presented in accordance with the provisions of §§ 9-4-6 and 9-4-7 , for thirty days after the last publication of the notice or upon a refusal to grant such request, the petitioners may present their petition to the circuit court of the county in which such municipality or the greater portion of it is situated, by filing such petition with the clerk of courts.

Source: SL 1887, ch 104, § 4; CL 1887, § 1117; RPolC 1903, § 1511; RC 1919, § 6557; SDC 1939, § 45.2903.
S.D. Codified Laws § 9-12-10 — SD Code / Title 9 / Chapter 12 / Section 9-12-10
Municipal census
Status: in_force

Every municipality has power to provide for the taking of the census of the municipality.

Source: SL 1890, ch 37, art V, § 69; RPolC 1903, § 1229, subdiv 69; SL 1913, ch 119, § 53, subdiv 69; RC 1919, § 6170 (14); SDC 1939, § 45.0202 (6); SL 1992, ch 60, § 2; SL 2025, ch 38, § 63.
S.D. Codified Laws § 9-21-6 — SD Code / Title 9 / Chapter 21 / Section 9-21-6
Classification of expenditures in annual appropriation ordinance
Status: in_force

The classification of expenditures in the annual appropriation ordinance of municipalities of the first and second class shall conform to the uniform classification in the municipal accounting manual published in accordance with § 4-11-6 .

Source: SL 1925, ch 115, ch II, art III, § 3; SL 1931, ch 107; SL 1933, ch 57, § 1; SL 1937, ch 106; SDC 1939, § 45.1403; SL 1957, ch 249; SL 1971, ch 62; SL 1977, ch 73, § 2.
S.D. Codified Laws § 9-38-11 — SD Code / Title 9 / Chapter 38 / Section 9-38-11
Boards of park supervisors continued as park boards
Status: in_force

A board of park supervisors created before July 1, 1939, by vote of the voters of a municipality of the first class shall be continued as a park board under §§ 9-38-10 to 9-38-58 , inclusive, and shall have all of the powers of a board created by ordinance.

Source: SDC 1939, § 45.2502; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-36-13 — SD Code / Title 9 / Chapter 36 / Section 9-36-13
Improvements made by municipality--Special assessments for benefits
Status: in_force

If a majority of the property owners do not enter a protest against the proposed improvement, and if the improvement is not made in the manner and within the time prescribed in the notice, the governing body by resolution may cause the improvement to be done and the cost of the improvement assessed against the lots chargeable as provided in § 9-36-12 , according to the benefits derived by each of the lots from the improvement as provided in chapter 9-43 .

Source: SL 1911, ch 94, §§ 2 to 4; RC 1919, § 6367; SDC 1939, § 45.2008; SL 2012, ch 57, § 69.
S.D. Codified Laws § 9-40-41 — SD Code / Title 9 / Chapter 40 / Section 9-40-41
Drainage utility fund--Fees
Status: in_force

A governing body that establishes a flood or drainage control utility may adopt the same fee structure authorized for drainage basin utility districts in §§ 46A-10B-20 , 46A-10B-21 , and 46A-10B-22 . Any fees collected pursuant to this section shall be placed in a special fund and may only be used to pay for new drainage improvements, maintenance of existing drainage improvements, and operation of the drainage utility. The provisions of §§ 46A-10B-24 , 46A-10B-25 , and 46A-10B-28 also apply to any fees collected by a municipality pursuant to this section.

Source: SL 2013, ch 39, § 2.
S.D. Codified Laws § 9-43-110 — SD Code / Title 9 / Chapter 43 / Section 9-43-110
Amount owing by county, municipality, school district, or the state on account of assessments against property within municipality
Status: in_force

The amount owing by any county, municipality, school district, or the state on account of assessments under Plan One or Plan Two against property within the municipality is payable by the treasurer of the governmental subdivision affected and shall be paid in like installments and with like interest and penalty as provided by law for other assessable real property.

Source: SL 2012, ch 57, § 38.
S.D. Codified Laws § 9-14-23 — SD Code / Title 9 / Chapter 14 / Section 9-14-23
Contracting for legal services--Employing an attorney
Status: in_force

A municipality may contract for legal services or employ an attorney to provide legal services for the municipality.

Source: SL 1925, ch 248; SDC 1939, § 45.1129; SL 1957, ch 247; SL 1967, ch 219; SL 1978, ch 61; SL 2026, ch 33, § 18.
S.D. Codified Laws § 9-51-7 — SD Code / Title 9 / Chapter 51 / Section 9-51-7
Appraisement of property being purchased for parking lot--Maximum price
Status: in_force

Before entering into a contract for the purchase of real property under the terms of § 9-51-6 , the governing body shall cause such real property to be appraised by a board of three disinterested appraisers who are freeholders within the municipality or by one or more persons licensed by the state to do fee appraisals. No contract may be entered into by the governing body if the purchase price is in excess of the amount of such appraisement.

Source: SL 1953, ch 273; SDC Supp 1960, § 45.0201-1 (14); SL 1987, ch. 81.
S.D. Codified Laws § 9-39-29 — SD Code / Title 9 / Chapter 39 / Section 9-39-29
Fiscal reports by utility board to governing body
Status: in_force

The municipal utility board shall, immediately after the close of each fiscal year and as often additionally as may be required by the municipal governing body upon thirty days' written notice to the secretary of the board, file with the city auditor or town clerk, a detailed written report of all money and moneys received and disbursed by said board for said fiscal year, in the case of an annual report, and since such last report was given in the case of any other report required by the governing body.

Source: SL 1955, ch 221, § 6; SDC Supp 1960, § 45.3906.
S.D. Codified Laws § 9-5-11 — SD Code / Title 9 / Chapter 5 / Section 9-5-11
Title to municipal property after annexation
Status: in_force

The municipality as enlarged by such consolidation shall have title to all real and personal property of both municipalities.

Source: SL 1951, ch 249, § 9; SDC Supp 1960, § 45.29A09.
S.D. Codified Laws § 9-41A-15 — SD Code / Title 9 / Chapter 41A / Section 9-41A-15
Employee unions and collective bargaining
Status: in_force

Employees of a municipal power agency shall be public employees within the meaning of § 3-18-1 , and the provisions of chapter 3-18 shall apply to a municipal power agency.

Source: SL 1978, ch 66, § 51.
S.D. Codified Laws § 9-21-15 — SD Code / Title 9 / Chapter 21 / Section 9-21-15
Replacement or repair required by unanticipated event--Borrowing and addition to tax levy
Status: in_force

No expenditure for any improvement, replacement, repair or service shall exceed in any one year the amount provided therefor in the annual appropriation ordinance of a municipality, except that the governing body may expend the proceeds of any bond issue authorized by the voters of the municipality, or in case of emergency, by a unanimous vote, may by resolution order any improvement, replacement, repair or lawful service the necessity of which is caused by any casualty, accident, circumstances or event happening after such annual appropriation ordinance is made which could not have reasonably been anticipated at the time of making the annual appropriation ordinance. The governing body may order the mayor or president to borrow in the name of the municipal corporation, with the attest of the auditor or clerk, a sufficient amount to provide for the necessary expense to be incurred in making any improvement, replacement or repair and in furnishing such service the necessity of which has so arisen, for a period not exceeding the close of the next fiscal year, which sum and interest shall be added to the amount authorized to be raised by the next general tax levy.

Source: SDC 1939, § 45.1404; SL 1939, ch 187; SL 1949, ch 184.
S.D. Codified Laws § 9-3-2 — SD Code / Title 9 / Chapter 3 / Section 9-3-2
Survey and map showing proposed municipal boundaries--Affidavit of surveyor
Status: in_force

Persons making application for the organization of a proposed municipality shall first cause an accurate survey and map to be made of the territory intended to be embraced within the limits of the proposed municipality showing the boundaries and area thereof and the accuracy of which shall be verified by the affidavit of the surveyor.

Source: PolC 1877, ch 24, § 1; CL 1887, § 1022; RPolC 1903, § 1417; RC 1919, § 6171; SDC 1939, § 45.0301; SL 2016, ch 48, § 3.
S.D. Codified Laws § 9-43-76 — SD Code / Title 9 / Chapter 43 / Section 9-43-76
Municipal powers relating to special assessments and financing local improvements
Status: in_force

Any municipality may make assessments for local improvements on property adjoining or benefiting from the improvements, collect the assessments in the manner provided by law, and fix, determine, and collect penalties for nonpayment of any special assessments. Any municipality may construct and finance combined improvements if the benefits of each improvement will accrue to the same lots and tracts of land within the municipality. Any municipality may accept and consider petitions by owners of property within the municipality for local improvements to be specially assessed against the properties benefiting from the improvement.

Source: SL 2012, ch 57, § 4.
S.D. Codified Laws § 9-35-20 — SD Code / Title 9 / Chapter 35 / Section 9-35-20
Quality standards for CATV systems--Regulation of rents or rates and installation charges
Status: in_force

All municipalities may prescribe reasonable quality standards for CATV systems and regulate and fix reasonable and compensatory rents or rates for such system, including installation charges.

Source: SL 1972, ch 52, § 3.
S.D. Codified Laws § 9-41A-22 — SD Code / Title 9 / Chapter 41A / Section 9-41A-22
Applications to regulatory agencies--Compliance with requirements
Status: in_force

A municipal power agency may apply to any public agency for consents, authorizations, or approvals required for any project within its powers and take all actions necessary to comply with the conditions thereof.

Source: SL 1978, ch 66, § 17.
S.D. Codified Laws § 9-21A-11 — SD Code / Title 9 / Chapter 21A / Section 9-21A-11
Filing ordinance, amendment, or order with county auditor
Status: in_force

A certified copy of every ordinance, amendment, and order adopted or entered pursuant to this chapter shall be filed with the county auditor before it becomes effective.

Source: SL 1972, ch 68, § 9.
S.D. Codified Laws § 9-38-34 — SD Code / Title 9 / Chapter 38 / Section 9-38-34
Change of use of lands authorized by election
Status: in_force

A change of use of such lands may be authorized by an affirmative majority vote of the voters of said city voting at an election on the question of such change of use. Such question may be submitted to the voters of such first or second class municipality at a regular annual or special city election.

Source: SL 1927, ch 173; SDC 1939, § 45.2521; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-47-1 — SD Code / Title 9 / Chapter 47 / Section 9-47-1
General municipal power to construct and operate systems--Separate fund--Agreements with state and federal agencies
Status: in_force

Every municipality may construct, establish, operate, and maintain a system of waterworks and facilities in connection therewith; may regulate the distribution and use of water supplied thereby; may acquire a suitable supply of water, whether within or without the municipality; may maintain dams, reservoirs, intakes, spillways, conduits, or other devices to gather and store surface, flood, or other waters within or without the municipality either as a direct source of water to the municipality or as a supply of water from which any other source of the water supply of the municipality may be replenished or restored; may advantageously dispose of, to districts, subdivisions, and areas, outside the limits of the municipality to which supply lines may extend, any municipal supply of water, including stored water, not required or used for municipal purposes and any surplus water may be disposed of to any outside district where the water is delivered into a natural watercourse for irrigation purposes; may assess, levy, and collect taxes and special assessments for such purposes; and may appropriate funds and levy taxes to accumulate funds for such purposes, as provided by this title. The accumulated funds shall be placed in a separate fund which may not revert at the end of the fiscal year. The governing body shall establish a maximum amount allowed to be accumulated in the fund. The fund shall be established by a resolution adopted pursuant to chapter 9-19 . Every municipality may enter into agreements with the United States, with the state, and with any authorized agency, subdivision, or unit of government, federal or state, to carry out such purposes.

Source: PolC 1877, ch 24, § 22, subdiv 3; SL 1887, ch 105, § 1; CL 1887, § 1043, subdiv 3; CL 1887, § 1135; SL 1890, ch 37, art V, § 1, subdiv 43; SL 1901, ch 81, § 1; RPolC 1903, § 1229, subdiv 43; RPolC 1903, § 1438, subdiv 3; RPolC 1903, § 1520; SL 1905, ch 174, § 1; SL 1905, ch 175, § 1; SL 1913, ch 119, § 53, subdiv 43; SL 1913, ch 367; RC 1919, §§ 6169 (12), 6393, 6394; SL 1923, ch 231; SL 1927, ch 175; SL 1937, ch 174; SDC 1939, § 45.0201 (81); SL 1939, ch 183; SL 1941, ch 193; SL 1941, ch 194; SL 1951, ch 238; SL 1963, ch 277; SL 1974, ch 80; SL 1978, ch 68, § 1; SL 1982, ch 82, § 1; SL 1983, ch 68; SL 2016, ch 53, § 1.
S.D. Codified Laws § 9-39-4 — SD Code / Title 9 / Chapter 39 / Section 9-39-4
Agreements with other public bodies and utilities--Purposes
Status: in_force

Every municipality shall have power to enter into contracts or agreements with the United States of America, or any agency thereof, the State of South Dakota, or any agency thereof, the political subdivisions of South Dakota or any other state, and the cooperative and privately owned power companies for such purposes as are herein set forth. Such purposes shall be for the purchase of electrical energy service and for the resale of electrical energy; to discontinue the generation of energy by its existing producing plants and to maintain such plants in a serviceable condition for standby service and to sell such electrical energy; to acquire electrical generation equipment and to maintain and construct the necessary facilities for the generation or transmission of electrical energy from a point within or without the State of South Dakota.

Source: SDC 1939, § 45.0201 (77) as added by SL 1951, ch 237; SL 1965, ch 210; SL 1965, ch 254, § 11; SL 1970, ch 261, § 11; SL 1972, ch 50; SL 1975, ch 90, § 1; SL 1977, ch 78.
S.D. Codified Laws § 9-2-7 — SD Code / Title 9 / Chapter 2 / Section 9-2-7
Determination of number of inhabitants in wards
Status: in_force

For the purpose of dividing a municipality into wards, the number of inhabitants is determined by population, as defined in § 2-14-2 . The governing body may, by resolution, authorize the finance officer to determine the number of inhabitants by filing a certificate showing the number of individuals registered to vote in each ward of the municipality. That number multiplied by two constitutes the number of inhabitants until the next federal census is completed.

Source: SL 1977, ch 68, § 14; SL 1981, ch 44, § 16; SL 2024, ch 28, § 19; SL 2026, ch 19, § 6.
S.D. Codified Laws § 9-16-5.6 — SD Code / Title 9 / Chapter 16 / Section 9-16-5.6
Summary system description--Availability--Contents
Status: in_force

An administrator of a retirement system subject to the provisions of this chapter shall make available to any member of the system and to any beneficiary of the system a summary system description. The summary system description shall be written in a manner to be understood by the average member of the system and shall be sufficiently accurate and comprehensive to appraise participants and beneficiaries of their rights and obligations under the system. The summary system description shall include:

(1) The name and address of the administrator;

(2) Names, titles, and addresses of any trustee or trustees;

(3) A description of the relevant provisions of any applicable collective bargaining agreement;

(4) The system's requirements respecting eligibility for participation and benefits;

(5) A description of provisions providing for nonforfeitable pension benefits;

(6) Circumstances which may result in disqualification, ineligibility, or denial or loss of benefits;

(7) The source of financing of the system and the identity of any organization through which benefits are provided;

(8) The date of the end of the system year and whether the records of the system are kept on a calendar, policy or fiscal year basis; and

(9) The procedures to be followed in presenting claims for benefits under the system and the remedies available under the system for the redress of claims which are denied in whole or in part.

Source: SL 1984, ch 56, § 11.
S.D. Codified Laws § 9-52-8 — SD Code / Title 9 / Chapter 52 / Section 9-52-8
Auditorium revenues appropriated to special fund--Operating expenses paid from fund--Net revenue pledged to separate account for bond retirement and reserves
Status: in_force

Prior to delivery of any such bonds the governing body shall by the resolutions adopted under § 9-52-3 create a special fund and appropriate and pledge thereto all gross receipts in respect of rentals, fees, licenses, and other charges however designated, imposed by the municipality for the use or occupancy of the auditorium premises and of any future additions and betterments thereto or for admission of individuals to the same or any part thereof, and from said fund shall be paid as incurred and allowed all normal, reasonable, and current expenses of the operation and maintenance of the premises, and the net revenues remaining in said fund from time to time after payments of such expenses shall be pledged and appropriated to a separate account to the extent necessary for payment of the principal of and interest on the bonds and maintenance of such reserve securing said payments as shall be covenanted and agreed with the purchaser and holders of said bonds.

Source: SL 1951, ch 246, § 2; SDC Supp 1960, § 45.24B02.
S.D. Codified Laws § 9-20-18 — SD Code / Title 9 / Chapter 20 / Section 9-20-18
Legislative finding--Actions of municipal governing boards subject to referendum
Status: in_force

The Legislature finds that in making past grants of decision - making authority to municipal governing authorities, its intent was to grant that authority to the governing bodies of municipalities and that such actions, unless otherwise excluded from the referendum and initiative process by other state law, are subject to the initiative and referendum process. Therefore, the contrary holding in Baker v. Jackson, 372 NW2d 142 (SD, July 31, 1985) is hereby abrogated.

Source: SL 1986, ch 73, § 1.
S.D. Codified Laws § 9-41A-38 — SD Code / Title 9 / Chapter 41A / Section 9-41A-38
Bonds and notes authorized--Purposes
Status: in_force

A municipal power agency may from time to time issue its bonds or notes in such principal amounts as the municipal power agency shall deem necessary to provide sufficient funds to carry out any of its corporate purposes and powers, including but not limited to:

(1) The acquisition or construction of any project to be owned or leased by the municipal power agency, or the acquisition of any interest therein or any right to capacity thereof;

(2) The funding or refunding of the principal of, or interest or redemption premiums on, any bonds or notes issued by it whether or not the bonds or notes or interest to be funded or refunded have or have not become due;

(3) The establishment or increase of reserves to secure or to pay the bonds or notes or interest thereon; and

(4) The payment of all other costs or expenses of the municipal power agency incident to and necessary to carry out its corporate purposes and powers.

Source: SL 1978, ch 66, § 34.
S.D. Codified Laws § 9-38-29 — SD Code / Title 9 / Chapter 38 / Section 9-38-29
Destruction of weeds by park board--Special assessment against property to cover cost
Status: in_force

Should the owner of any lot fail to cause such weeds to be destroyed within two days after the last publication, the board may cause the same to be done. The expense thereof shall be paid out of the fund appropriated for the board and shall be certified to the auditor, and the same shall be levied as a special assessment against the property upon which such weeds were destroyed and when collected shall be covered into the park fund and be subject to the order of the park board.

Source: SL 1909, ch 272, § 6; RC 1919, § 6439; SDC 1939, § 45.2538.
S.D. Codified Laws § 9-21-21 — SD Code / Title 9 / Chapter 21 / Section 9-21-21
Warrants limited by tax levy--Violation as misdemeanor--Removal of offender from office
Status: in_force

No liability may be incurred against the municipality in excess of the total appropriation of the fund.

No liability may be incurred under any appropriation for which a warrant cannot be drawn as herein provided.

No member of the governing body may vote to incur a liability or to issue a warrant, nor may any mayor or finance officer sign, issue, or deliver any warrant, nor may any finance officer pay any warrant, issued in violation of the provisions of this section. A violation of this section is a Class 2 misdemeanor.

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 or other officer so convicted from his office.

Source: SL 1890, ch 37, art XV, § 3; RPolC 1903, § 1246; SL 1913, ch 119, § 119; SL 1915, ch 117, § 1; RC 1919, § 6342; SDC 1939, §§ 45.1414, 45.9902; SL 1976, ch 82; SL 1981, ch 43, § 18; SL 1993, ch 72.
S.D. Codified Laws § 9-36-2 — SD Code / Title 9 / Chapter 36 / Section 9-36-2
Resolution to establish stream boundaries within corporate limits
Status: in_force

The governing body of any municipality may establish by resolution the boundary lines of any river or stream within the corporate limits.

Source: SL 1931, ch 189, § 1; SDC 1939, § 45.2001.
S.D. Codified Laws § 9-43-98 — SD Code / Title 9 / Chapter 43 / Section 9-43-98
Special record
Status: in_force

The finance officer shall prepare a special record which shall contain the following:

(1) A record of all special assessments;

(2) The consecutive number of the item;

(3) The date the assessment is due;

(4) The name of the property owner as provided by the director of equalization;

(5) The legal description of the property;

(6) The amount assessed against each lot;

(7) The character of the improvement for which the assessment is made; and

(8) The date of payment of each assessment or installment that is paid to the municipality.

The finance officer shall include in the special record a suitable index to the real property against which special assessments have been levied. The finance officer may destroy any record as provided by chapter 1-27 .

Source: SL 2012, ch 57, § 26.
S.D. Codified Laws § 9-25-14 — SD Code / Title 9 / Chapter 25 / Section 9-25-14
Borrowing limit reduced by outstanding warrants and notes
Status: in_force

If any registered warrants or promissory notes are outstanding against the fund for which the money is to be borrowed, the borrowing limit specified in § 9-25-13 shall be reduced by the amount of such outstanding warrants or promissory notes.

Source: SL 1978, ch 63, § 3.
S.D. Codified Laws § 9-43-129 — SD Code / Title 9 / Chapter 43 / Section 9-43-129
Publication of notice of plan for local improvement district--Public hearing
Status: in_force

Upon filing of the plan, a notice signed by the finance officer shall be published once stating that a plan for a public district, bounded as described in the notice and designated by number has been prepared and is on file in the office of the finance officer. The notice shall state that all persons owning property or interested in any real estate in the district may examine the notice during regular office hours and may file objections within ten days after the publication of the notice, and that on the date stated the governing body will hold a public hearing at a place named to consider any objections, at which time all persons may be heard. The notice shall be published once, and the hearing may not be less than ten nor more than twenty days after publication.

Source: SL 2012, ch 57, § 57.
S.D. Codified Laws § 9-3-4 — SD Code / Title 9 / Chapter 3 / Section 9-3-4
Survey, map, and census--Public inspection
Status: in_force

Within two days of the completion and verification of the survey, map, and census, the documents must be filed with the county auditor and made available to the public during regular business hours.

Source: PolC 1877, ch 24, § 3; CL 1887, § 1024; RPolC 1903, § 1419; RC 1919, § 6173; SDC 1939, § 45.0303; SL 2016, ch 48, § 5; SL 2024, ch 28, § 22.
S.D. Codified Laws § 9-43-125 — SD Code / Title 9 / Chapter 43 / Section 9-43-125
Restriction on injunctions--Time for commencing action on assessment
Status: in_force

No injunction restraining the making of any local improvement under the provisions of this chapter may be issued after the letting of the contract. No action or proceedings may be commenced or maintained in any court attacking the validity of the proceedings for special assessments up to and including the approval of the assessment roll or questioning the amount of the assessment unless the action is commenced within twenty days after the publication of the resolution approving the assessment roll and notice that assessments are due and payable as provided in § 9-43-99 .

Source: SL 2012, ch 57, § 53.
S.D. Codified Laws § 9-33-4.2 — SD Code / Title 9 / Chapter 33 / Section 9-33-4.2
Copy of code kept on file--Availability to public
Status: in_force

The city auditor or town clerk shall keep and maintain a master copy of said code including all future deletions, modifications, and amendments which may be adopted by the governing body, and the same shall be available and subject to public inspection at all times.

Source: SL 1973, ch 52.
S.D. Codified Laws § 9-13-37 — SD Code / Title 9 / Chapter 13 / Section 9-13-37
Election dates--Combined election expenses and responsibilities--Nominating petition circulation--Filing deadline--Candidate and ballot language certification deadline
Status: in_force

Any other provision of this chapter notwithstanding, the governing body of a municipality shall, in even-numbered years, hold the general municipal election in conjunction with the regular June primary election or the regular November general election. The expenses and governmental responsibilities of a combined election must be shared in a manner agreed upon by the governing body of the municipality and the board of county commissioners involved.

A nominating petition may not be circulated for signatures before January first, for an election held on the first Tuesday after the first Monday in June, or June first, for an election held on the first Tuesday after the first Monday in November.

A nominating petition must be filed under the provisions of § 9-13-7 before five p.m. local time on:

(1) The third Tuesday of March, for an election held on the first Tuesday after the first Monday in June; or

(2) The third Tuesday of August, for an election held on the first Tuesday after the first Monday in November.

The finance officer shall certify to the appropriate county auditor the name of each candidate who has qualified to be on the ballot and each ballot question to be submitted to the voters, on or before the first Friday after the deadline for filing the nominating petitions.

Source: SL 1996, ch 60, § 1; SL 2007, ch 81, § 1; SL 2025, ch 40, § 11, eff. Jan. 1, 2026; SL 2026, ch 35, § 3.
S.D. Codified Laws § 9-9-3 — SD Code / Title 9 / Chapter 9 / Section 9-9-3
Mayor or commissioner--Term
Status: in_force

The term of office of the mayor and commissioners is not less than two or more than five years, as determined by ordinance, except that at the first election after the adoption of the commission form of government, the mayor's term must be for five years and the commissioners must be elected for staggered terms. If the number of commissioners is four, one must be elected for one year, one for two years, one for three years, and one for four years. If the number of commissioners is two, one must be elected for two years and one for four years. At the regular municipal election preceding the expiration of the term of office of the mayor or any commissioner, a successor must be elected for a term of not less than two or more than five years, as determined by ordinance.

Source: SL 1913, ch 119, § 10; RC 1919, § 6221; SDC 1939, § 45.0802; SL 1984, ch 53, § 2; SL 2014, ch 50, § 3; SL 2018, ch 49, § 2; SL 2025, ch 38, § 29; SL 2026, ch 32, § 11.
S.D. Codified Laws § 9-55-22 — SD Code / Title 9 / Chapter 55 / Section 9-55-22
Dissolution of district imposing occupational tax on rooms rented
Status: in_force

If a district has imposed an occupation tax based on rooms rented and the occupational tax revenue was used only for the promotion of the district, a majority of the landowners may dissolve the district established pursuant to § 9-55-7 by submitting a petition to the governing body requesting the district to be dissolved. On and after the date the petition is filed with the governing body, the district may not enter into any new obligations or contracts. Not withstanding the other provisions of this chapter, the governing body, upon receiving the petition and verifying that a majority of the landowners have signed the petition, shall by resolution dissolve the district. However, the governing body may not dissolve the district until there are sufficient funds available to extinguish all of the debts and obligations of the district. The governing body shall administer any remaining affairs and issues concerning the dissolved district.

Source: SL 2006, ch 35, § 2.
S.D. Codified Laws § 9-9-18 — SD Code / Title 9 / Chapter 9 / Section 9-9-18
Designation of areas of responsibility in five-commissioner municipalities
Status: in_force

In a municipality governed by a board of five commissioners, the commissioners shall designate by a majority vote one commissioner to be the commissioner of public safety, one commissioner to be the commissioner of public works, one commissioner to be the commissioner of utilities, and one commissioner to be the commissioner of finance and revenue.

Source: SL 1913, ch 119, § 18; SL 1915, ch 113, § 2; RC 1919, § 6224; SDC 1939, § 45.0805; SL 1991, ch 69, § 1; SL 2018, ch 49, § 17.