S.D. Codified Laws § 9-34-5 — SD Code / Title 9 / Chapter 34 / Section 9-34-5
Municipal regulation of food sales
Status: in_force

Every first or second class municipality shall have power:

(1) To regulate the place of sale and selling of meats, poultry, fish, cheese, lard, vegetables, and similar provisions;

(2) To regulate the sale and prescribe the weight and quality of bread.

Source: SL 1890, ch 37, art V, § 1, subdiv 36 to 38; RPolC 1903, § 1229, subdiv 36, 37; SL 1913, ch 119, § 53, subdiv 36, 37; RC 1919, § 6170 (11), (12); SDC 1939, § 45.0202 (3), (4); SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-39-18 — SD Code / Title 9 / Chapter 39 / Section 9-39-18
Time of assumption of control by utility board
Status: in_force

The municipal utility board shall assume the management and control of the utility designated in the question upon which the vote was had at the time of the first regular meeting of the governing body of the municipality following such special election.

Source: SL 1955, ch 221, § 3; SDC Supp 1960, § 45.3903 (1).
S.D. Codified Laws § 9-52-17 — SD Code / Title 9 / Chapter 52 / Section 9-52-17
Operation for purpose of profit prohibited
Status: in_force

Municipalities shall not be authorized to operate revenue - producing enterprises of the nature described in this chapter for the purpose of profit or return greater than necessary to pay the cost of acquisition, improvement, operation, and maintenance thereof and interest on money borrowed or advanced from general funds for such purposes.

Source: SL 1951, ch 246, § 2; SDC Supp 1960, § 45.24B02.
S.D. Codified Laws § 9-40-22 — SD Code / Title 9 / Chapter 40 / Section 9-40-22
Payment of purchase price by issuance of bonds
Status: in_force

Any contract for the purchase, construction, or acquisition of a utility may provide that payment therefor shall be made in revenue bonds issued pursuant to this chapter.

Source: SL 1931, ch 194, § 5; SDC 1939, § 45.2405; SL 1982, ch 75, § 8; SL 1984, ch 43, § 80.
S.D. Codified Laws § 9-21-5 — SD Code / Title 9 / Chapter 21 / Section 9-21-5
Appropriations for support of Civil Air Patrol
Status: in_force

The governing bodies of municipalities may contribute sums of money annually to the support of units of the Civil Air Patrol located in their respective municipalities. For the purposes of carrying out the provisions of this section, such governing bodies may appropriate out of the general funds of their respective municipalities.

Source: SL 1964, ch 146.
S.D. Codified Laws § 9-16-5.1 — SD Code / Title 9 / Chapter 16 / Section 9-16-5.1
Contributions to system--Amount required
Status: in_force

Total contributions in each year to a retirement system subject to this chapter shall be sufficient to fund the following:

(1) The administrative cost of the plan during the year;

(2) The actuarially determined cost of future benefits accruing to members during the year; and

(3) An amount sufficient to amortize any unfunded liability of the system over a period not to exceed forty years on the basis of reasonable and generally accepted actuarial assumptions.

Source: SL 1984, ch 56, § 6.
S.D. Codified Laws § 9-13-21 — SD Code / Title 9 / Chapter 13 / Section 9-13-21
Ballots--Preparation--Availability--Form--Candidate names
Status: in_force

The finance officer shall prepare and furnish, at the expense of the municipality, all official ballots. The quantity of ballots provided shall be at least ten percent more than the number of voters at the last comparable election. The ballots shall be prescribed by the State Board of Elections, of good quality of print paper, printed in black ink, and in the English language only.

The ballots for municipal elections shall be available for absentee voting no later than fifteen days prior to election day. If the ballots are for a runoff election, the ballots shall be available no later than seven days prior to the runoff election day. Absentee voting shall be conducted pursuant chapter 12-19 .

The names of the candidates for each office to be voted for in the precinct shall be arranged without any other designation than that of the office for which they are candidates. If more than one member of the governing body is to be elected, the ballot shall contain instructions as to how many candidates for the governing body are to be voted for. The finance officer shall determine, by lot, each candidate's position on the ballot. Each candidate may be present or represented when the position on the ballot is being determined.

No candidate's name may be printed upon the official ballot unless the candidate has been nominated as provided in this chapter.

Source: SDC 1939, § 45.1321; SL 2001, ch 44, § 1; SL 2004, ch 75, § 5; SL 2008, ch 34, § 4; SL 2012, ch 85, § 3; SL 2016, ch 43, § 3; SL 2021, ch 40, § 1.
S.D. Codified Laws § 9-27-36 — SD Code / Title 9 / Chapter 27 / Section 9-27-36
Sale or lease of municipal real property for industrial development or public purposes--Terms of lease
Status: in_force

Every municipality shall have power to lease or sell on a negotiated basis and to convey any of its real property to a county or the state or another municipality, or to a nonprofit local industrial development corporation as defined by § 9-27-37 and located therein, to be used by such grantee for an authorized public purpose or industrial development purpose as enumerated in § 9-54-1 . Such lease or sale shall be authorized on the terms and in the manner provided by resolution of the governing body.

Source: SL 1976, ch 63, § 1; SL 1977, ch 48, § 3.
S.D. Codified Laws § 9-14-41 — SD Code / Title 9 / Chapter 14 / Section 9-14-41
Payment by occupant of municipal dwelling of amount equal to property tax on property
Status: in_force

The occupant of any dwelling owned by a municipality pursuant to § 9-14-40 shall pay to each taxing agency within each taxing jurisdiction in which the property is situated, in lieu of taxes on the property, the amount of the property tax that would be payable if the property were owned by a private person. The dwelling shall be valued in the same manner and by the same procedure as other property is valued.

Source: SL 2004, ch 76, § 2.
S.D. Codified Laws § 9-52-24 — SD Code / Title 9 / Chapter 52 / Section 9-52-24
Custody and disbursement of auditorium funds--Petty cash fund
Status: in_force

All funds pertaining to the auditorium shall be placed in the custody of the municipal treasurer, and shall be expended only upon warrants drawn by the municipal auditor or clerk on said treasurer, pursuant to allowance by the auditorium board of duly verified claims; provided, that a petty cash fund may be maintained in such amount and for such expenditures and in the custody of such officer or employee as the board shall determine. A verified account of expenditures from such fund shall be submitted monthly to the board, which may thereupon authorize issuance of a warrant covering such expenditures.

Source: SL 1951, ch 246, § 8; SDC Supp 1960, § 45.24B08.
S.D. Codified Laws § 9-34-3 — SD Code / Title 9 / Chapter 34 / Section 9-34-3
Inspection of weights and measures
Status: in_force

Every municipality shall have power to provide for the inspection and sealing of weights and measures and to enforce the keeping of proper weights and measures by vendors.

Source: SL 1890, ch 37, art V, § 1, subdiv 40, 41; RPolC 1903, § 1229, subdiv 40, 41; SL 1913, ch 119, § 53, subdiv 40, 41; RC 1919, § 6169 (69), (70); SDC 1939, § 45.0201 (58).
S.D. Codified Laws § 9-38-72 — SD Code / Title 9 / Chapter 38 / Section 9-38-72
Operating expenses paid from swimming pool fund--Appropriations from fund for bond payments and reserves
Status: in_force

From the fund created pursuant to § 9-38-69 shall be paid as incurred and allowed all normal, reasonable, and current expenses of the operation and maintenance of the facilities, and the revenues remaining in said fund from time to time after payment of such expenses shall be appropriated to a separate account to the extent necessary for the payment of principal of and interest on the bonds and maintenance of such reserves securing said payments as shall be covenanted and agreed with the purchaser and holders of said bonds.

Source: SL 1957, ch 258, § 2; SDC Supp 1960, § 45.24D02.
S.D. Codified Laws § 9-40-4.1 — SD Code / Title 9 / Chapter 40 / Section 9-40-4.1
Water pollution prevention contracts
Status: in_force

Every municipality shall have the further right, power, and authority to accept contributions or other aid from commercial, industrial, or other establishments for the purpose of aiding in the prevention or abatement of water pollution, and in furtherance of such purpose to enter into contracts and agreements, either long term or short term, with any such establishment covering the collection, treatment, or disposal by the municipality of sewage and other wastes from any establishment, the financing, construction, operation, and maintenance of facilities therefor, the charges or compensation to be paid by such establishment, the use and operation by any municipality of sewage collection, treatment, or disposal facilities owned by any such establishment, and the coordination of the sewage collection, treatment, or disposal facilities of the municipality with the sewage collection, treatment, or disposal facilities of any such establishment.

Source: SL 1975, ch 92, § 1; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-39-21 — SD Code / Title 9 / Chapter 39 / Section 9-39-21
Employment of personnel by utility board--Inclusion in civil service system
Status: in_force

The municipal utility board shall have the power to employ all necessary help for the management and operation of the utility or utilities under its control and management, prescribe duties of officers and employees and fix their compensation. The governing body of the municipality shall retain the power to determine whether utility employees shall be included in the municipality's civil service system.

Source: SL 1955, ch 221, § 4; SDC Supp 1960, § 45.3904 (2).
S.D. Codified Laws § 9-51-5 — SD Code / Title 9 / Chapter 51 / Section 9-51-5
Utility revenue bonds and general obligation bonds authorized for acquisition, improvement, and operation of off-street parking lots
Status: in_force

Every municipality shall have the power to acquire, improve, equip, operate, maintain, and regulate parking lots and areas for the off - street parking of vehicles, to fix and collect parking fees for the parking of vehicles therein and to issue its revenue bonds for such purposes in the manner and after authorization as provided by chapter 9-40 payable solely from the revenues from such parking lots and on - street or off - street parking meters and also for such purposes to issue its general obligation bonds after authorization as provided by statute for payment of which the municipality in addition to pledging its general credit may set aside or pledge in whole or in part the revenues from parking lots or parking meters, or both, operated by it.

Source: SL 1947, ch 223; SL 1949, ch 195; SDC Supp 1960, § 45.0201-1 (11).
S.D. Codified Laws § 9-16-44 — SD Code / Title 9 / Chapter 16 / Section 9-16-44
Workers' compensation benefits offset against special death benefits--Subrogation of first or second class municipality to rights against third party
Status: in_force

Any amounts which may be paid or payable under the provisions of any workers' compensation or similar law to a member or beneficiary or to the dependents of a member or beneficiary on account of any death shall be offset against and payable in lieu of any pensions payable as provided in this chapter on account of the same death. In the event any member or beneficiary, or the dependents of any member or beneficiary becomes entitled to a pension as the result of an accident or injury caused by the act of a third party, the said first or second class municipality shall be subrogated to the rights of the said member or beneficiary, or the dependents of the said member or beneficiary against such third party to the extent of benefits which the municipality pays or becomes liable to pay.

Source: SDC 1939, § 45.1209 (7) as added by SL 1955, ch 202, § 4; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-51-36 — SD Code / Title 9 / Chapter 51 / Section 9-51-36
Acquisition, improvement and maintenance of parking facilities authorized--Additional to other powers
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, improvement, and maintenance of sites as public parking facilities in conformity to §§ 9-51-35 to 9-51-49 , inclusive.

Source: SL 1967, ch 231, § 1.
S.D. Codified Laws § 9-1-4 — SD Code / Title 9 / Chapter 1 / Section 9-1-4
Corporate seal--Corporate name
Status: in_force

Every municipality must have and use a corporate seal that may be changed by a majority vote of the governing body.

Each municipality must have a corporate name. The corporate name must be used when exercising municipal power.

Source: SL 1890, ch 37, art I, § 6; RPolC 1903, §§ 1175, 1436; SL 1913, ch 119, § 6; RC 1919, § 6161; SDC 1939, § 45.0106; SL 2024, ch 28, § 11.
S.D. Codified Laws § 9-38-112 — SD Code / Title 9 / Chapter 38 / Section 9-38-112
Special park gift fund authorized
Status: in_force

Any park 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 park purposes. Each donation shall be administered in accordance with its terms. The park board may establish a special park 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 park 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, § 1.
S.D. Codified Laws § 9-38-42 — SD Code / Title 9 / Chapter 38 / Section 9-38-42
Annual estimate for maintenance and improvement of parks and roads
Status: in_force

The park board shall annually make an estimate of the moneys necessary for maintaining, constructing, and improving parks, parkways, roads, boulevards, and avenues which are under its control for the ensuing fiscal year. The estimate shall specify the amount required for each park district and the amount required for general park purposes and shall be certified by the secretary of the board to the municipal finance officer at a time specified by the municipal governing body.

Source: SL 1909, ch 272, § 5; SL 1915, ch 260, § 55; SL 1917, ch 305, § 3; RC 1919, §§ 6438, 6499; SL 1925, ch 237, § 6; SDC 1939, § 45.2533; SL 1945, ch 206; SL 1955, ch 213; SL 1959, ch 271; SL 1967, ch 223, § 1; SL 1983, ch 66; SL 2014, ch 52, § 1.
S.D. Codified Laws § 9-48-2 — SD Code / Title 9 / Chapter 48 / Section 9-48-2
Authority to establish, construct, and maintain sewer systems--Separate fund
Status: in_force

Each municipality may:

(1) Establish, construct, and maintain main, trunk, sanitary, storm, and service sewers, and septic or sewage treatment plants, drains, and manholes either within its corporate limits or within ten miles of its corporate limits;

(2) Appropriate funds and levy taxes to accumulate funds for the purposes identified in this section;

(3) Establish sewer districts as provided by this title;

(4) Acquire any sewer, drain, or system of sewerage and drainage already established and constructed; and

(5) Acquire land within or without the municipality for a septic or sewage treatment plant or outlet to any main sewer and may assess the cost of the land and the cost of any necessary extension or connection of the main sewer to all the property within the sewer district benefited as provided by this title.

The proceeds of any taxes levied for the accumulation of funds under this section 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 .

Source: SL 1890, ch 37, art XX, § 2; RPolC 1903, § 1229, subdiv 13; SL 1909, ch 110, § 13; SL 1913, ch 119, § 53, subdiv 82; RC 1919, §§ 6169 (14), 6380; SDC 1939, § 45.0201 (84); SL 1974, ch 82; SL 1978, ch 68, § 2; SL 1982, ch 82, § 2; SL 2007, ch 43, § 1; SL 2016, ch 53, § 3.
S.D. Codified Laws § 9-40-8 — SD Code / Title 9 / Chapter 40 / Section 9-40-8
Provision for additional bond issues of equal standing
Status: in_force

Any municipality may at the time of the issuance of revenue bonds for acquisition, extensions, or improvements of any utility provide for additional bonds of the same issue for extensions, additions, and permanent improvements, to be negotiated from time to time as may be necessary to defray the cost of such extensions, additions, and improvements. Such bonds when so issued and negotiated shall have equal standing with the other bonds of the same issue.

Source: SL 1931, ch 194, § 15; SDC 1939, § 45.2415; SL 1949, ch 191, § 7.
S.D. Codified Laws § 9-34-7 — SD Code / Title 9 / Chapter 34 / Section 9-34-7
Transient merchants, auctioneers, and bankrupt stores
Status: in_force

Each municipality may license, tax, and regulate transient merchants, auctioneers, transient, bankrupt, and auction stores, and stores of like nature, gift enterprises, and any business or vocation of like character. However, the municipality may exempt from any such licensure, taxation, or regulation a transient merchant who is retailing merchandise or products that the municipality determines to be of the person's own manufacture or production. This section does not apply to the distribution of any commodity from a railroad car by a cooperative association purchased in car lot for the personal use of its members.

Source: SDC 1939, § 45.0201 (65); SL 2001, ch 48, § 1.
S.D. Codified Laws § 9-39-19 — SD Code / Title 9 / Chapter 39 / Section 9-39-19
Extension, improvement, and operation of utility--Contracts
Status: in_force

The municipal utility board shall have power to extend, modify, or rebuild any public utility under its management and control, and to do anything such board deems necessary for the proper and efficient operation of such utility. Said board may enter necessary contracts for these purposes.

Source: SL 1955, ch 221, § 4; SDC Supp 1960, § 45.3904 (1).
S.D. Codified Laws § 9-38-32 — SD Code / Title 9 / Chapter 38 / Section 9-38-32
Acceptance of gifts for parks and boulevards--Conditions permissible
Status: in_force

Any municipality may accept any gift, bequest, or devise of real or personal property or the income thereof for the purpose of parks, parkways, or boulevards or for improvement or ornamentation of the same, or for the establishment or maintenance in any park, zoo, gardens, observatories, monuments, works of art, or other park purposes, upon any terms and conditions, including exemption from payment of assessments, as may be prescribed by the grantors, donors, or devisors thereof and agreed to by the governing body and board. A municipality may, by resolution, establish a policy for the acceptance of gifts of personal property of value below an amount determined by the governing body.

Source: SL 1915, ch 260, §§ 62, 63; RC 1919, §§ 6505, 6506; SDC 1939, § 45.2520; SL 1992, ch 60, § 2; SL 2020, ch 27, § 1.
S.D. Codified Laws § 9-51-24 — SD Code / Title 9 / Chapter 51 / Section 9-51-24
Agreement by municipality to levy property tax--Indebtedness within constitutional limitation--Levy of irrepealable tax--Maximum levy
Status: in_force

The municipality may agree to pay any part of the principal and interest on said bonds by ad valorem taxation on all property within the municipality. Such part of the principal as the municipality shall so agree to pay shall be a general obligation indebtedness of the municipality and shall not, together with other indebtedness as of the date of issue of the bonds, exceed any constitutional limitation. In computing the municipality's indebtedness at any time after issuance of the bonds, the same fraction of the principal amount of the bonds then outstanding, less an equal fraction of any moneys in the revenue fund as set up in the ordinance, shall be included. Before delivery of the bonds the governing body shall by ordinance levy and cause to be certified to the county auditor a direct, annual, irrepealable, ad valorem tax to be spread upon the tax rolls in amounts sufficient to pay the proportionate part of each installment of principal and interest as the same matures. Said tax may not exceed the part of principal and interest so payable by more than five percent, but shall not be subject to any other tax levy limitation provided by law. The levy of taxes or assumption of payments of a part of principal and interest requirements 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 (1).
S.D. Codified Laws § 9-39-10 — SD Code / Title 9 / Chapter 39 / Section 9-39-10
Terms of office of three-member utility board
Status: in_force

In the case of a three - member municipal utility board, one member shall be appointed to hold office until the first regular meeting of the governing body in the second month of May after his appointment and until his successor is appointed and qualified, one to hold office until the first regular meeting of the governing body in the fourth month of May after his appointment and until his successor is appointed and qualified, and one to hold office until the first regular meeting of the governing body in the sixth month of May after his appointment and until his successor is appointed and qualified. At the first regular meeting of the governing body in May of the year in which a member's term expires, of a three - member board, a member shall be appointed and confirmed for a term of six years.

Source: SL 1955, ch 221, § 3; SDC Supp 1960, § 45.3903 (1).
S.D. Codified Laws § 9-26-24 — SD Code / Title 9 / Chapter 26 / Section 9-26-24
Validity of bonds not impaired by misapplication of proceeds--Change of purpose by new election
Status: in_force

The validity of bonds which have been sold and the proceeds thereof received by the municipality shall not be impaired by the failure to use the proceeds for the authorized purpose or the insufficiency of the proceeds to accomplish such purpose in whole or in part, but the use of all or part of the proceeds for another purpose may be submitted to and authorized by the voters in the same manner as would have been required if the bonds had originally been authorized for the new purpose; provided, that the proceeds of funding or refunding bonds shall never be used for any purpose other than the payment of outstanding indebtedness.

Source: SDC 1939, § 45.2301 as added by SL 1949, ch 190, § 1.
S.D. Codified Laws § 9-40-26 — SD Code / Title 9 / Chapter 40 / Section 9-40-26
Statutory lien continued until bonds paid
Status: in_force

Any such utility shall remain subject to the statutory lien described in § 9-40-25 , subject always, however, to the limitations specified in said section, until the payment in full of the principal and interest of such bonds.

Source: SL 1931, ch 194, § 7; SDC 1939, § 45.2407.
S.D. Codified Laws § 9-41-10 — SD Code / Title 9 / Chapter 41 / Section 9-41-10
Transfer of surplus 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 expenses, any such excess may be transferred at any time by the governing body to the depreciation account to be used for any improvements, expansion, or reconstruction of the municipality's telephone lines or facilities, or for the redemption of any bonds which constitute a lien on the earnings of the telephone lines or facilities, as and when the same become redeemable by their terms.

Source: SL 1953, ch 275, § 5; SDC Supp 1960, § 45.24C05.
S.D. Codified Laws § 9-55-5 — SD Code / Title 9 / Chapter 55 / Section 9-55-5
Appointment of business improvement board--Designation of boundaries of district--Duties of board--Proposal of more than one district as part of same development plan
Status: in_force

The mayor shall, with the approval of the governing body, appoint a business improvement board consisting of property owners, residents, business operators or users of space within the business area to be improved. The governing body shall, by resolution, designate the boundaries of the business area prior to the time of the appointment of the board. The board shall make recommendations to the governing body for the establishment of a plan or plans for improvements in the business area. If the improvements to be included in one business area offer benefits that cannot be equitably assessed together under this chapter, more than one business improvement district as part of the same development plan for that business area may be proposed. The board may make recommendations to the municipality as to the use of any revenue collected pursuant to § 9-55-2 .

Source: SL 1986, ch 81, § 5.
S.D. Codified Laws § 9-27-34 — SD Code / Title 9 / Chapter 27 / Section 9-27-34
Exchange of lands with United States
Status: in_force

Any municipality or other political subdivision of the State of South Dakota, is hereby authorized and empowered to exchange by and with the approval of the federal government, or any agency thereof, any lands or other properties belonging to such municipality or such political subdivision for any lands belonging to the United States of America, or any agency thereof, located within the county making such exchange, or located within the county in which such municipality or such political subdivision is situated. Such exchanges, transfers, and conveyances from one to the other shall be made upon such terms, conditions, and in such manner as may be determined and agreed upon by the parties to such exchanges.

Source: SL 1953, ch 499; SDC Supp 1960, § 45.0208.
S.D. Codified Laws § 9-13-14.3 — SD Code / Title 9 / Chapter 13 / Section 9-13-14.3
Elected official to hold office until vacancy filled
Status: in_force

If for any reason a municipality fails to elect any person to succeed an elected official whose term has expired or an elected official fails to file a nominating petition or qualify, the office is deemed vacant. The elected official whose term has expired shall continue to act in an official capacity until the vacancy is filled by election or appointment pursuant to § 9-13-14.1 or 9-13-14.2 .

Source: SL 2014, ch 50, § 1.
S.D. Codified Laws § 9-32-8 — SD Code / Title 9 / Chapter 32 / Section 9-32-8
Protection of public water supply
Status: in_force

Every municipality shall have power to prevent the pollution of or injury to any water supply belonging to the municipality or any public water supply within or within one mile of the limits of the municipality.

Source: SL 1909, ch 158; RC 1919, § 6169 (75); SDC 1939, § 45.0201 (37).
S.D. Codified Laws § 9-54-1 — SD Code / Title 9 / Chapter 54 / Section 9-54-1
Purpose of chapter
Status: in_force

The purpose of this chapter is to stimulate and develop the general economic welfare and prosperity of the state through the promotion and advancement of industrial, commercial, manufacturing, agricultural, natural resources, postsecondary technical education, limited to bonding for public postsecondary technical institutions in operation on July 1, 1981, research, data collection, health service, housing for the elderly, housing for the handicapped, primary, secondary, and postsecondary education, recreational development, and the reduction of water and air pollution resulting from such developments; to encourage and assist in the location of new business and industry in this state and the expansion of existing business development; to assist in the construction of postsecondary technical education facilities, for public postsecondary technical institutions in operation on July 1, 1981; and to promote the economic stability of the state by providing greater employment opportunities and diversification of industry thus promoting the general welfare of the citizens by authorizing all municipalities of the state to issue revenue bonds to finance projects comprising real or personal property or both, useful for any of these purposes.

The purpose of this chapter is also to promote health services, housing for the elderly and housing for the handicapped at reasonable costs, thus promoting the general welfare of the citizens, by authorizing all municipalities of the state to issue revenue bonds to pay, purchase or discharge all or any part of the outstanding indebtedness of any nonprofit corporation incurred in the purchase, construction, reconstruction, acquisition of sites for, enlargement, improvement, or remodeling of health service facilities, housing for the elderly or housing for the handicapped.

Source: SL 1964, ch 148, § 1; SL 1972, ch 45, § 3; SL 1973, ch 59, § 1; SL 1981, ch 77, § 1; SL 1981, ch 78; SL 1998, ch 46, § 1.
S.D. Codified Laws § 9-24-6 — SD Code / Title 9 / Chapter 24 / Section 9-24-6
Municipal property exempt from taxation and execution
Status: in_force

Property and assets of every kind belonging to any municipality shall be exempt from taxation and levy and sale on execution.

Source: SL 1890, ch 37, art XXII, § 3; RPolC 1903, § 1382; RC 1919, § 6574; SDC 1939, § 45.1425.
S.D. Codified Laws § 9-39-15 — SD Code / Title 9 / Chapter 39 / Section 9-39-15
Salary of utility board members
Status: in_force

No member of the municipal utility board shall receive a salary except as same may be fixed by the governing body of the municipality.

Source: SL 1955, ch 221, § 3; SDC Supp 1960, § 45.3903 (1).
S.D. Codified Laws § 9-47-5 — SD Code / Title 9 / Chapter 47 / Section 9-47-5
Special assessments
Status: in_force

If the expense in connection with the waterworks system is raised by special assessments, the assessments shall be levied and collected in the manner provided in chapter 9-43 .

Source: RC 1919, § 6394; SDC 1939, § 45.1904; SL 2012, ch 57, § 97.
S.D. Codified Laws § 9-12-20 — SD Code / Title 9 / Chapter 12 / Section 9-12-20
Municipality holding required license authorized to serve food, prepared food, and beverages
Status: in_force

Any municipality holding a license pursuant to Title 35 may serve or provide for the service of food, prepared food, and beverages at any establishment operating under such license.

Source: SL 2005, ch 49, § 1.
S.D. Codified Laws § 9-10-14 — SD Code / Title 9 / Chapter 10 / Section 9-10-14
City manager and officers--Bond--Approval--Exception
Status: in_force

Except as otherwise provided in this section, the city manager and every officer of the municipality, whether appointed by the manager or the governing body, shall furnish a bond to the municipality in the form and amount as may be required by the governing body. The bond must be approved by the governing body and filed with the finance officer. An individual bond is not required, provided the municipality has blanket coverage pursuant to § 3-5-14 .

Source: SL 1917, ch 303, § 9; RC 1919, § 6238; SL 1935, ch 158, § 14; SDC 1939, § 45.0910; SL 1992, ch 60, § 2; SL 2025, ch 38, § 51.
S.D. Codified Laws § 9-34-1 — SD Code / Title 9 / Chapter 34 / Section 9-34-1
Licensing procedure and terms
Status: in_force

Every municipality shall have power to fix the amount, terms, and manner of issuing and revoking licenses.

Source: SL 1890, ch 37, art V, § 1, subdiv 4; RPolC 1903, § 1229, subdiv 4; SL 1913, ch 119, § 53, subdiv 4; RC 1919, § 6169 (3); SDC 1939, § 45.0201 (62).
S.D. Codified Laws § 9-13-34 — SD Code / Title 9 / Chapter 13 / Section 9-13-34
Removal of incumbent from office by election of another at recall--Qualification of successor
Status: in_force

If some person other than the incumbent is elected, the incumbent shall be deemed removed from office upon or at the expiration of the time for qualification of his successor. The successor shall qualify within ten days after receiving notification of his election, and in case of his failure to qualify, the office shall be deemed vacant.

Source: SL 1913, ch 119, § 15; RC 1919, § 6332; SL 1937, ch 176, § 1; SDC 1939, § 45.1325; SL 1963, ch 280.
S.D. Codified Laws § 9-5-4 — SD Code / Title 9 / Chapter 5 / Section 9-5-4
Waiting period after rejection of annexation by voters
Status: in_force

If either election fails no other election on the same question shall be held sooner than three years after the effective date of said resolutions proposing the plan for annexation.

Source: SL 1951, ch 249, § 2; SL 1955, ch 214, § 2; SDC Supp 1960, § 45.29A02.
S.D. Codified Laws § 9-34-17 — SD Code / Title 9 / Chapter 34 / Section 9-34-17
Tattooing, saline tattoo removal, and body piercing
Status: in_force

Any municipality may regulate the practice of tattooing, saline tattoo removal, and body piercing by licensing practitioners of tattooing, saline tattoo removal, or body piercing; inspecting tattoo, saline tattoo removal, and body piercing establishments; and establishing standards for sanitation that are at least as stringent as those adopted by the Department of Health under § 34-1-17 .

Terms used in this section mean:

(1) "Tattooing," to make marks or designs into the skin by puncturing it and inserting indelible colors. The term includes microblading and similar techniques used to partially or fully simulate natural hair;

(2) "Saline tattoo removal," inserting a saline solution in skin to lighten or remove an existing tattoo. The term does not include the use of other acids or of lasers as described in § 36-4-8.2 ;

(3) "Body piercing," to place a permanent or temporary foreign object in a person's body for a decorative or other nonmedical purpose by a person not directly under the supervision of a licensed physician as defined by § 36-4-11 .

Source: SL 1985, ch 216, §§ 1, 2; SL 1992, ch 239, § 13; SL 1995, ch 189, § 1; SL 2018, ch 54, § 1; SL 2019, ch 55, § 1.
S.D. Codified Laws § 9-21A-3 — SD Code / Title 9 / Chapter 21A / Section 9-21A-3
Establishment of urban service district and rural service district by ordinance
Status: in_force

The governing body of any municipality may by ordinance divide the area within its corporate limits into an urban service district and a rural service district, constituting separate taxing districts for the urban and rural property classified for such purposes by this chapter and for purposes of all the municipal ad valorem property taxes, except those levied for the payment of bonds.

Source: SL 1972, ch 68, § 3; SL 2003, ch 45, § 1.
S.D. Codified Laws § 9-13-1 — SD Code / Title 9 / Chapter 13 / Section 9-13-1
Regular election date--Annual--Hours of voting
Status: in_force

Except as otherwise provided in § 9-13-1.3 , each municipality must hold an election of officers each year on the first Tuesday after the first Monday in June or the first Tuesday after the first Monday in November, at a place in each ward of the municipality designated by the governing body of the municipality. The governing body shall establish the date of the regular election by January fourteenth of the election year. The polls at the election must be kept open continuously from seven a.m. until seven p.m.

Source: SDC 1939, § 45.1301; SL 1941, ch 196; SL 1955, ch 203; SL 1961, ch 249; SL 1971, ch 56, § 1; SL 1977, ch 68, § 1; SL 1999, ch 39, § 1; SL 2002, ch 45, § 1; SL 2009, ch 69, § 8; SL 2025, ch 40, § 1, eff. Jan. 1, 2026; SL 2026, ch 32, § 18.
S.D. Codified Laws § 9-23-11 — SD Code / Title 9 / Chapter 23 / Section 9-23-11
Registered warrants paid in order of registration
Status: in_force

All such registered warrants shall be paid in the order of their registration.

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 § 9-2-1 — SD Code / Title 9 / Chapter 2 / Section 9-2-1
Classes enumerated--Population groups
Status: in_force

The three classes of municipal corporations are:

(1) Municipalities of the first class: municipal corporations with a population of five thousand and over;

(2) Municipalities of the second class: municipal corporations with a population between five hundred and four thousand nine hundred ninety-nine;

(3) Municipalities of the third class: municipal corporations with a population of fewer than five hundred.

Source: SL 1899, ch 61, § 1; RPolC 1903, § 1179; RC 1919, §§ 6164 to 6167; SDC 1939, § 45.0102; SL 1992, ch 60, § 1; SL 2024, ch 28, § 14.
S.D. Codified Laws § 9-10-18 — SD Code / Title 9 / Chapter 10 / Section 9-10-18
Inconsistent statutes inapplicable
Status: in_force

Provisions of the statutes governing municipalities inconsistent with this chapter are inapplicable to municipalities employing a city manager.

Source: SL 1935, ch 158, § 6; SDC 1939, § 45.0905; SL 1992, ch 60, § 2; SL 2025, ch 38, § 54.
S.D. Codified Laws § 9-14-18 — SD Code / Title 9 / Chapter 14 / Section 9-14-18
9-14-18. Books of account maintained by finance officer--Signature on evidences of indebtedness
Status: in_force

The municipal finance officer shall keep regular books of account in which shall be entered all indebtedness of the municipality, and which shall at all times show the financial condition of the municipality, the amount of bonds, warrants, certificates, or other evidences of indebtedness issued by the governing body, and the amounts of all bonds, warrants, certificates, or other evidences of indebtedness which have been redeemed and the amount of each outstanding.

The finance officer shall countersign all bonds, warrants, or other evidences of indebtedness of the municipality and keep accurate accounts of each, stating to whom and for what purpose issued and the amount of the bond, warrant, or other evidence of indebtedness of the municipality. The finance officer shall keep an account with all receiving and disbursing officers of the municipality, showing the amount received from the different sources of revenue and the amount which was disbursed under the direction of the governing body. However, the finance officer may destroy any record which the records destruction board, acting pursuant to § 1-27-19 , declares to have no further administrative, legal, fiscal, research, or historical value.
S.D. Codified Laws § 9-2-2.1 — SD Code / Title 9 / Chapter 2 / Section 9-2-2.1
Change in municipality classification--Application to court--Notice
Status: in_force

If the population of a municipality, as shown by the last preceding federal census, increases or decreases causing the municipality to pass into a different class of municipality pursuant to § 9-2-1 , the municipality may, through its governing body, apply to the circuit court having jurisdiction for a judgment authorizing the classification change. Upon the presentation of the application, the court must establish a time and place for hearing the application. Notice of the hearing must be given by publishing the order once a week for two successive weeks, the last publication to be not less than ten days prior to the day of the hearing. Not less than ten days prior to the date of the hearing, the notice of hearing must also be posted in three public places in the municipality.

Source: SL 2024, ch 28, § 16.
S.D. Codified Laws § 9-43-102 — SD Code / Title 9 / Chapter 43 / Section 9-43-102
Resolution to specify payment under Plan One or Plan Two
Status: in_force

All special assessments are payable under Plan One or Plan Two.

Plan One--Collection by county treasurer.

Plan Two--Collection by municipal finance officer.

Before any contract is let or before bonds are issued for any local improvement for which special assessments are to be levied, the governing body shall provide by resolution or ordinance whether the assessments and installments are payable under Plan One or under Plan Two. The resolution or ordinance may provide for the assessment to be divided into any number of annual installments not exceeding forty.

Source: SL 2012, ch 57, § 30.
S.D. Codified Laws § 9-13-32 — SD Code / Title 9 / Chapter 13 / Section 9-13-32
Recall election--Incumbent--Other candidates--Runoff
Status: in_force

Any mayor, commissioner, alderman, or trustee sought to be removed may be a candidate to succeed himself or herself and, unless the incumbent requests otherwise in writing, the auditor shall place the incumbent's name on the official ballot without nomination. The auditor shall also place on the official ballot the name of any other candidate nominated as provided in this chapter. If no other candidate is nominated for the position, no recall election may be held, and the incumbent shall remain in office.

Any runoff election required shall be conducted as provided by this chapter.

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, § 3; SL 2021, ch 40, § 4.
S.D. Codified Laws § 9-29-23 — SD Code / Title 9 / Chapter 29 / Section 9-29-23
Release and remission of penalties for ordinance violations
Status: in_force

The mayor in first or second class municipalities having a common council, and the governing body in all other municipalities may release any person imprisoned for violation of any ordinance or remit any fine or penalty for violation thereof, the reasons therefor being made a matter of record in the office of the auditor or clerk.

Source: SL 1890, ch 37, art III, § 8; RPolC 1903, § 1188; SL 1913, ch 119, § 25; RC 1919, § 6281; SDC 1939, § 45.1114; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-22-16 — SD Code / Title 9 / Chapter 22 / Section 9-22-16
Separate accounting for funds and appropriations
Status: in_force

The treasurer shall keep a separate account of each fund or appropriation and of the debits and credits belonging thereto.

Source: SL 1890, ch 37, art VIII, § 5; RPolC 1903, § 1251; SL 1913, ch 119, § 72; RC 1919, § 6292; SDC 1939, § 45.1124.
S.D. Codified Laws § 9-47-25 — SD Code / Title 9 / Chapter 47 / Section 9-47-25
Election to provide service to persons within extended areas as a result of annexation, consolidation, or incorporation
Status: in_force

If the three - mile area referred to in § 9-47-24 is extended as a result of annexation, consolidation, or incorporation after July 1, 1989, and the municipality elects to provide service to any person receiving service from a rural water system residing within the newly extended three - mile area, the municipality shall purchase the facilities of the rural water system which were required and used to provide service to such person. The purchase price shall be determined pursuant to § 9-47-23 . The provisions of § 9-47-22 are applicable to all persons seeking water service in the newly extended area from and after the effective date of such extension.

Source: SL 1989, ch 387, § 4.
S.D. Codified Laws § 9-3-10 — SD Code / Title 9 / Chapter 3 / Section 9-3-10
Balloting--Majority required for incorporation--Name of municipality
Status: in_force

The vote upon the question of incorporation of a proposed municipality must be by ballot that conforms to a ballot for a statewide question, except that the statement required to be printed on the ballot must be prepared by the state's attorney.

If a majority of the qualified voters, who are either residents and registered voters in the proposed municipality or landowners in the proposed municipality and are registered voters in this state, vote in favor of the incorporation, the proposed municipality is incorporated by the name and style specified in the application for incorporation.

Source: CL 1887, § 1030; SL 1901, ch 74, § 1; RPolC 1903, § 1425; RC 1919, § 6179; SDC 1939, § 45.0309; SL 2006, ch 29, § 4; SL 2024, ch 28, § 25.
S.D. Codified Laws § 9-13-36 — SD Code / Title 9 / Chapter 13 / Section 9-13-36
Election board for wards--Compensation
Status: in_force

If a municipality is divided into wards and all of the wards use the same polling places, the governing body of the municipality may appoint a single election board for all of the wards. The election board appointed pursuant to this section shall consist of a minimum of one judge and two clerks. The members of the election board shall receive such compensation as shall be fixed by the governing body. If all of the wards are voting on an identical ballot, a single ballot box and one pollbook may be used for all wards.

Source: SL 1990, ch 60; SL 1992, ch 63.
S.D. Codified Laws § 9-38-28 — SD Code / Title 9 / Chapter 38 / Section 9-38-28
Destruction of weeds in first or second class municipality--Notice to property owners by publication
Status: in_force

The board shall have power to require all noxious and unsightly weeds on any lot in the first or second class municipality to be destroyed by the owner thereof.

General notice to property owners to destroy such weeds may be given by the secretary by publication once a week for two successive weeks.

Source: SL 1909, ch 272, § 6; RC 1919, § 6439; SDC 1939, § 45.2538; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-48-31 — SD Code / Title 9 / Chapter 48 / Section 9-48-31
Revenue bond authority unimpaired by provisions as to sewer charges and rentals
Status: in_force

Nothing contained in §§ 9-48-26 to 9-48-29 , inclusive, shall be construed to limit or restrict the power of municipalities to establish, equip, maintain, operate, extend, or improve water and sewer systems or combined water and sewer systems in the manner provided in chapter 9-40 , and any statutes heretofore or hereafter enacted amendatory thereof and supplemental thereof, and to fix, impose, and collect rents and charges for the service of such utility systems, and to issue revenue bonds and make the same payable from the revenues provided by such rates and charges, and to provide lawful stipulations and covenants for the security of such bonds. The procedural requirements in chapter 9-40 shall constitute the only conditions prerequisite to the carrying out of such undertakings, the issuance of such bonds and the fixing and collection of such rates and charges. The moneys derived from such rates and charges may be used and accounted for in accordance with the provisions of chapter 9-40 , and are not subject to the limitations of §§ 9-48-26 to 9-48-29 , inclusive.

Source: SDC Supp, § 45.1823 as added by SL 1953, ch 261; SL 1980, ch 26, § 21.
S.D. Codified Laws § 9-43-128 — SD Code / Title 9 / Chapter 43 / Section 9-43-128
Plan for local improvement district
Status: in_force

If the governing body deems it necessary to establish a local improvement district, the governing body shall have a plan of the district prepared by the city engineer or other competent person, showing the boundaries of the district and lots or parts of lots included in the district. The plan shall be filed in the office of the finance officer for public inspection. No district need be established for the purpose of constructing or maintaining any improvement.

Source: SL 2012, ch 57, § 56.
S.D. Codified Laws § 9-43-84 — SD Code / Title 9 / Chapter 43 / Section 9-43-84
Personal notice of hearing by mail
Status: in_force

In addition to the published notice, the governing body, not less than ten nor more than twenty days before the hearing on the adoption of the proposed resolution of necessity, shall cause personal notice to be mailed by first class or certified mail to each person owning property liable to be assessed for the improvement, as shown by records kept by the director of equalization. The mailed notice shall contain a copy of the notice of hearing and the proposed resolution of necessity.

Source: SL 2012, ch 57, § 12.
S.D. Codified Laws § 9-6-1 — SD Code / Title 9 / Chapter 6 / Section 9-6-1
Petition for dissolution--Majority of landowners--Circuit court--Dissolution by decree
Status: in_force

If a municipality has a population of less than two hundred fifty, the owners of a majority of the real property in the municipality, both in area and assessed valuation, may file a petition for the dissolution of the municipality. The petition for dissolution must be filed in the circuit court of the county in which the municipality is situated. If the municipality is located in more than one county, the petition for dissolution may be filed in either county.

Source: SL 1903, ch 91, § 1; RC 1919, § 6566; SDC 1939, § 45.3002; SL 2025, ch 38, § 1.
S.D. Codified Laws § 9-21-31 — SD Code / Title 9 / Chapter 21 / Section 9-21-31
Capital replacement reserve fund authorized
Status: in_force

The governing body of a municipality may by ordinance create a capital replacement reserve fund or account for general fixed assets, not to exceed fifty percent of the value of the general fixed assets.

Source: SL 1994, ch 69, § 1.
S.D. Codified Laws § 9-40-2 — SD Code / Title 9 / Chapter 40 / Section 9-40-2
Systems defined as utilities
Status: in_force

The term "utility" as used in this chapter means any system or part of system as referred to in § 9-40-1 , and any extensions, additions, improvements, or appurtenances to any such system or combination of systems; or a drainage basin utility district established pursuant to chapter 46A-10B .

Source: SL 1931, ch 194, § 1; SDC 1939, § 45.2401; SL 1947, ch 211, § 1; SL 1949, ch 191, § 1; SL 1957, ch 251; SL 1989, ch 388, § 17.
S.D. Codified Laws § 9-40-21 — SD Code / Title 9 / Chapter 40 / Section 9-40-21
Separate or combined acquisition of utilities--Purchase price
Status: in_force

One or more such utilities owned by one or more persons may be acquired hereunder separately as a single enterprise or otherwise, and the governing board may agree with the owner or owners as to the value thereof and purchase the same at such agreed price or value.

Source: SL 1931, ch 194, § 3; SDC 1939, § 45.2403.
S.D. Codified Laws § 9-33-1 — SD Code / Title 9 / Chapter 33 / Section 9-33-1
Storage of combustible material--Open fires--Fireworks
Status: in_force

Every municipality shall have power to regulate or prohibit the storage of combustible or explosive material, the use of open flame lights, the building of bonfires, and the use or sale of fireworks.

Source: SL 1890, ch 37, art V, § 1, subdiv 53; RPolC 1903, § 1229, subdiv 53; SL 1913, ch 119, § 53, subdiv 53; RC 1919, § 6169 (72); SDC 1939, § 45.0201 (30).
S.D. Codified Laws § 9-32-5 — SD Code / Title 9 / Chapter 32 / Section 9-32-5
Maintenance of public toilets in business district
Status: in_force

Every first or second class municipality with a population of seven hundred fifty or more, as shown by the last preceding federal census, shall provide and maintain public toilets for each sex in accessible locations near the center of the business district.

Such toilets shall be properly constructed under the supervision of the city board of health and shall be maintained in a clean and sanitary condition.

Source: SL 1917, ch 313; RC 1919, § 6575; SDC 1939, § 45.1819; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-21-12 — SD Code / Title 9 / Chapter 21 / Section 9-21-12
Authorization of depreciation reserve within proprietary fund
Status: in_force

The governing body of a municipality may by resolution create a depreciation reserve within each proprietary fund, as necessary, not to exceed the accumulated depreciation of the fixed assets of the respective fund.

Source: SL 1951, ch 247, § 1; SDC Supp 1960, § 45.0201-1 (9); SL 1978, ch 62, § 8; SL 1991, ch 72.
S.D. Codified Laws § 9-23-8 — SD Code / Title 9 / Chapter 23 / Section 9-23-8
Warrant register maintained by treasurer--Contents
Status: in_force

The treasurer shall keep a warrant register which shall show the number, date, and amount of each warrant presented, the particular fund upon which the same is drawn, the date of presentation, the name and address of the person in whose name the same is registered, the date of payment when made, the amount of interest and the total amount paid thereon, with the date when notice to the person in whose name such warrant is registered is mailed as provided in § 9-23-19 .

Source: SL 1874-5, ch 74, § 2; PolC 1877, ch 50, § 2; CL 1887, § 1672; RPolC 1903, § 2252; SL 1913, ch 359; RC 1919, § 6974; SDC 1939, § 45.1420.
S.D. Codified Laws § 9-19-2 — SD Code / Title 9 / Chapter 19 / Section 9-19-2
Continuation in force of prior ordinances and resolutions
Status: in_force

All ordinances and resolutions in force in any municipality when this code takes effect which are not inconsistent with its provisions shall continue in force and effect until repealed or amended as provided by law.

Source: SL 1890, ch 37, art I, § 9; RPolC 1903, § 1178; RC 1919, § 6157; SDC 1939, § 45.0109.
S.D. Codified Laws § 9-7-6 — SD Code / Title 9 / Chapter 7 / Section 9-7-6
Regular and special meetings of board
Status: in_force

The board of trustees shall hold regular meetings at the times as may be provided by ordinance.

Special meetings of the board may be held at any time upon call of the president or finance officer by oral or written notice to the members.

Source: PolC 1877, ch 24, § 21; CL 1887, § 1042; RPolC 1903, § 1437; RC 1919, §§ 6201, 6202; SDC 1939, § 45.0606; SL 1989, ch 72, § 1; SL 2025, ch 38, § 16.
S.D. Codified Laws § 9-39-38 — SD Code / Title 9 / Chapter 39 / Section 9-39-38
Election on sale, lease or operating contract for utility--Percentage of favorable votes required
Status: in_force

Upon the filing of such petition it shall be the duty of the auditor or clerk to submit such proposition upon a separate ballot to the voters of the municipality at a regular or special election as prayed for in such petition.

If sixty percent of the voters of such municipality voting thereon shall vote in favor of such proposition, a sale, conveyance, lease, or contract for the operation of such plant, equipment, or public utility shall be deemed authorized.

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.
S.D. Codified Laws § 9-54-2 — SD Code / Title 9 / Chapter 54 / Section 9-54-2
Power to issue bonds, acquire or construct projects and enter revenue agreements--Location of projects
Status: in_force

For the purposes stated in § 9-54-1 , any municipality may issue revenue bonds, the proceeds of which shall be used only to purchase, construct, reconstruct, acquire sites for, enlarge, improve, or remodel buildings, structures, or equipment, and to enter into revenue agreements as defined in § 9-54-3.1 with any person, firm, limited liability company, corporation, or governmental entity, the projects to be situated in any municipality or its environs without limitation as to distance, providing the governing body of the municipality declares that the project, if in being, would promote the welfare of the municipality.

Source: SL 1964, ch 148, § 2; SL 1972, ch 45, § 4; SL 1973, ch 59, § 2; SL 1981, ch 77, § 2; SL 1984, ch 43, § 98A; SL 1994, ch 351, § 9.
S.D. Codified Laws § 9-39-24 — SD Code / Title 9 / Chapter 39 / Section 9-39-24
Agreements between utility board and governing body--Services furnished to municipality--Surplus funds
Status: in_force

The municipal utility board shall have power to enter into all necessary working agreements with the officials and governing body of the municipality and such agreements may contemplate arrangements for furnishing utility services to the municipality by such board, compensation for use by either the municipal utility board or the municipality of buildings, equipment, and personnel under the control of the other and transfers of surplus funds in the control of the municipal utility board to the general fund of the municipality.

Source: SL 1955, ch 221, § 4; SDC Supp 1960, § 45.3904 (5).
S.D. Codified Laws § 9-27-9 — SD Code / Title 9 / Chapter 27 / Section 9-27-9
Purchase of tax sale certificates authorized--Amount paid to county
Status: in_force

Every municipality shall have power to purchase the assignment of tax sale certificates as provided by this section. Whenever any county has bid in at tax sale any lot within the limits of any municipality, the governing body thereof may authorize by resolution the treasurer to demand of the county treasurer an assignment of such certificate of tax sale. Thereupon the county treasurer shall make out and deliver to such municipality an assignment of such certificate upon payment to him of the amount of all the original taxes against such lot, after deducting the amount of the tax belonging to such municipality exclusive of any penalties, interest, or costs.

Source: SL 1899, ch 48, § 1; RPolC 1903, § 1562; RC 1919, § 6533; SL 1931, ch 199, § 1; SDC 1939, §§ 45.0201 (83), 45.1431.
S.D. Codified Laws § 9-48-1 — SD Code / Title 9 / Chapter 48 / Section 9-48-1
Classification of sewers
Status: in_force

Sewers are classified as follows:

(1) A service sewer is one designed to carry sewage or water from the property abutting upon the street or way in which it is laid into a trunk or main sewer, or into the sewer outlet, septic, or disposal plant;

(2) A trunk sewer is one designed to carry the sewage or water from any particular district or portion of the municipality as well as the sewage or water from property abutting upon the street or way in which it is laid, and of sufficient capacity to carry the sewage or water from the service sewers in the district or portion of the municipality in which it is laid, to the main sewer outlet, septic, or disposal plant;

(3) A main sewer is one designed to carry the entire sewage or water of a municipality or sewerage district to the sewer outlet, septic, or disposal plant;

(4) A sanitary sewer is one designed solely to carry sewage and wastes from buildings or structures;

(5) A storm sewer is one designed solely to carry storm or surface waters;

(6) A sewer which is not designated as either a storm sewer or sanitary sewer is one designed for use as a combined sanitary and storm sewer;

(7) The term sanitary sewer shall exclude drainage from roofs, sidewalks, roadways, streets, alleys, or other surface drainage.

Source: RC 1919, §§ 6368 to 6371; SDC 1939, § 45.1801; SL 1955, ch 209.
S.D. Codified Laws § 9-7-5 — SD Code / Title 9 / Chapter 7 / Section 9-7-5
President of board
Status: in_force

At the first regular meeting after their election, the members of the board of trustees shall elect one of their number as president to serve for one year and until a successor is elected and qualified.

Source: PolC 1877, ch 24, § 19; CL 1887, § 1040; RPolC 1903, § 1435; RC 1919, § 6200; SDC 1939, § 45.0605; SL 2025, ch 38, § 15.
S.D. Codified Laws § 9-48-32.1 — SD Code / Title 9 / Chapter 48 / Section 9-48-32.1
Sewer utility rates and charges for recovery of capital costs--Intergovernmental cooperation
Status: in_force

Notwithstanding any other provision in this chapter, any municipality, sanitary district, other political subdivision of this state, or any combination thereof which maintains, has installed, or plans to install sewer utilities for public use may establish, by ordinance or resolution, fair and equitable rates and charges for sewer utilities to be paid by the users of the sewer utilities and others connected thereto. The rates and charges may be established to recover past capital costs and pay for the capital costs of developing new capacity. For the purposes of this section, the term, capital costs, includes:

(1) Costs of construction or expansion of infrastructure that is necessary to serve a new development, including the design, surveying, engineering, environmental, and other professional fees that are directly related to the construction or expansion of the sewer utility;

(2) Land acquisition costs including the purchase of interest in land, any court award or settlement, appraisal, relocation service, negotiation service, title insurance, expert witness, attorney, and other professional fees that are directly related to the land acquisition;

(3) Debt service;

(4) Rate of return including a risk premium for any potential default; and

(5) Directly related expenses incurred in preparing or updating the comprehensive plan or zone improvement plan, including all administrative, consulting, attorney, and other professional fees.

The rates and charges may be assessed separately or added to other rates established pursuant to this chapter. Two or more municipalities, sanitary districts, political subdivisions of this state, or any combination thereof, may enter into an agreement or contract with each other, or otherwise enter into an agreement as permitted by law, for the provision of sewer utilities. For the purposes of this section, the term, sewer utility, means any main, trunk, service sewer, sanitary and storm sewer, and septic or treatment facility, drain, pumping station, lift station, interceptor, force main, manhole, flow equalization structure, and any other equipment, material, and facility related thereto.

Source: SL 2013, ch 40, § 1.
S.D. Codified Laws § 9-8-5 — SD Code / Title 9 / Chapter 8 / Section 9-8-5
Common council--Power to judge members and govern proceedings--Expulsion--Vacating office for bribery, attendance issues
Status: in_force

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

The office of a mayor or any alderman convicted of a crime that involves bribery is deemed vacated upon entry of a judgment of conviction.

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

Source: SL 1890, ch 37, art IV, §§ 6, 7; RPolC 1903, §§ 1203, 1204; RC 1919, § 6210; SDC 1939, § 45.0704; SL 2017, ch 56, § 6; SL 2025, ch 38, § 22.
S.D. Codified Laws § 9-51-49 — SD Code / Title 9 / Chapter 51 / Section 9-51-49
Charges for use of parking facilities--Public parking facility fund--Application of fund
Status: in_force

The governing body by resolution may impose and collect reasonable charges for the use of public parking facilities constructed under the provisions of §§ 9-51-35 to 9-51-49 , inclusive. The money so received shall be deposited in the municipal treasury to the credit of the public parking facility fund and applied, in order, to the following purposes exclusively:

(1) The payment of necessary expenses of maintaining, insuring and repairing such parking facilities;

(2) Annually on the first day of January of each year, the balance remaining to the credit of such parking facility shall be applied to the payment of the principal and interest of the cost of acquiring and improving the public parking facility and the retirement of any bonds issued therefor as soon as said bonds are callable;

(3) At such time that all indebtedness, including bonds issued for the improvement of the parking facility, have been paid in full and any and all other indebtedness owed for the acquiring and maintaining of the public parking facility have been paid in full, the balance of said fund shall be retained in the public parking facility fund where it may be used only for the purpose of acquiring or improving public parking facilities within the parking district. Providing, however, that any municipality having a parking meter fund for purchase and development of parking lots, may by written consent by the then owners of fifty-five percent of the total assessed valuation of the privately owned property within the benefit district, deposit said balance in such parking meter fund and use the same for purchase and development of other parking lots or facilities within the municipality. No part of such money shall be deposited or credited to the general fund.

Source: SL 1967, ch 231, § 11.
S.D. Codified Laws § 9-45-17 — SD Code / Title 9 / Chapter 45 / Section 9-45-17
Viaduct specifications determined by governing body
Status: in_force

The width, height, and strength of any such viaduct and approaches thereto, the material therefor, and the manner of construction thereof shall be as required by the governing body.

Source: SL 1909, ch 126; RC 1919, § 6366; SDC 1939, § 45.1706.
S.D. Codified Laws § 9-21-30 — SD Code / Title 9 / Chapter 21 / Section 9-21-30
Transfer by county auditor of funds received on behalf of municipality--Interest charged for failure to distribute--Statement of source and amount of funds
Status: in_force

The county auditor shall, by the twentieth day of the month, transfer all money received during the prior month on behalf of each municipality to each municipality. Any county failing to distribute the receipts within the time prescribed is subject to an interest charge of one percent per month based on the receipts for the first thirty days of delinquency or part thereof and, thereafter, one percent per month for each month or part thereof. When any funds which have been collected by the county for the municipality from taxes and from any other source are remitted to the municipality, the county auditor shall send to the municipal finance officer a statement showing the exact source and amount of the funds.

Source: SL 1986, ch 75; SL 1988, ch 78, § 2.
S.D. Codified Laws § 9-12-3.1 — SD Code / Title 9 / Chapter 12 / Section 9-12-3.1
Compensation of board and commission members not already compensated
Status: in_force

The municipal governing body may, by ordinance, authorize the appropriation of funds to provide compensation to members of municipal boards and commissions not already compensated.

Source: SL 1986, ch 66.
S.D. Codified Laws § 9-39-12 — SD Code / Title 9 / Chapter 39 / Section 9-39-12
Vacancies on utility board--Qualifications of members
Status: in_force

All vacancies occurring on the municipal utility board during the term of the office shall be filled for the unexpired term in the manner original appointments are made. Each board member shall be a resident and freeholder of the municipality.

Source: SL 1955, ch 221, § 3; SDC Supp 1960, § 45.3903 (1).