S.D. Codified Laws § 9-4-1 — SD Code / Title 9 / Chapter 4 / Section 9-4-1
Annexation of territory on petition by voters and landowners
Status: in_force

The governing body of a municipality, upon receipt of a written petition describing the boundaries of any territory contiguous to that municipality sought to be annexed to that municipality, may by resolution include such territory or any part thereof within such municipality if the petition is signed by not less than three-fourths of the registered voters and by the owners of not less than three-fourths of the value of the territory sought to be annexed to the municipality.

For purposes of this section, the term, contiguous, includes territory separated from the municipality by reason of intervening ownership of land used as a golf course, railroad, or any land owned by the State of South Dakota or any subdivisions thereof.

Source: SL 1887, ch 104, § 1; CL 1887, § 1114; RPolC 1903, §§ 1375, 1508; RC 1919, § 6559; SDC 1939, § 45.2905; SL 1969, ch 183; SL 1975, ch 85; SL 1982, ch 71, § 2; SL 2009, ch 32, § 1.
S.D. Codified Laws § 9-32-19 — SD Code / Title 9 / Chapter 32 / Section 9-32-19
Acquisition of additional land for municipal cemetery
Status: in_force

Whenever the municipality operating a cemetery, perpetual care, or nonperpetual care, under the laws of this state, finds it necessary to extend the boundaries of such cemetery or acquire land removed from the present cemetery in order to provide for the burial of the dead, it shall first locate and describe clearly the location and extent of the land desired. The municipality shall then seek to secure the same by offer of purchase. If, however, the owner or owners of such tract or tracts shall refuse to sell the lands described for proper and just compensation and by exorbitant price shall make it impractical for such municipality to purchase the same, such municipality may proceed to have the land located and described by it condemned as provided in the statutes and rules of court for condemnation of private property for public use.

Source: SL 1971, ch 71, § 7.
S.D. Codified Laws § 9-13-27.3 — SD Code / Title 9 / Chapter 13 / Section 9-13-27.3
Request for recount--Recount board established
Status: in_force

If any candidate for the municipal governing body is defeated by a margin not exceeding two percent of the total votes cast for all candidates for the office, or by a margin of five votes or less, the candidate may, within five days after completion of the official canvass, file with the municipal finance officer a written request for a recount. The finance officer shall set the time and place for the recount to occur within ten days of the date of the receipt of the recount request. A recount board shall be established consisting of one person chosen by each candidate declared elected and by each candidate who is eligible to request a recount. If this board consists of an even number of persons, one additional recount board member shall be appointed by the finance officer who shall be mutually agreeable to each candidate involved in the recount. Each representative to the recount board shall be named within three days of the receipt of the recount request by the finance officer. The person having custody of the ballot boxes containing the ballots to be recounted shall deliver them to the recount board. Any question arising on the recount shall be determined by majority vote of the recount board. The recount shall proceed expeditiously until completed.

Source: SL 1984, ch 55, § 2; SL 1995, ch 44, § 2; SL 2017, ch 58, § 1.
S.D. Codified Laws § 9-39-3 — SD Code / Title 9 / Chapter 39 / Section 9-39-3
Contracts between municipalities for joint projects
Status: in_force

Any municipal corporation which had a municipal electrical plant, or electrical distribution system, or electrical generating plant or a combination thereof, in existence, or authorized, on July 1, 1961, in the exercise of its powers may contract jointly with any such other municipal corporation, for any joint project, wherever each portion of the project is within the scope of authority of the respective municipal corporations.

Source: SL 1961, ch 254, § 2.
S.D. Codified Laws § 9-16-10 — SD Code / Title 9 / Chapter 16 / Section 9-16-10
Investment of moneys of retirement system
Status: in_force

All moneys belonging to the retirement system not required for the payment of current annuities, pensions, retirement allowances, other benefits, or administrative expenses in lieu thereof may be invested.

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 1979, ch 37, § 4; SL 1984, ch 56, § 19.
S.D. Codified Laws § 9-55-19 — SD Code / Title 9 / Chapter 55 / Section 9-55-19
Procedure for abolishment of district
Status: in_force

The governing body may, by ordinance, abolish a district after a hearing thereon. The governing body shall adopt a resolution of intent to abolish the area at least thirty days prior to the hearing required by this section. The resolution shall give the time and place of the hearing. Notice of the hearing shall be given as provided in § 9-55-13 .

Source: SL 1986, ch 81, § 19; SL 1990, ch 68, § 8.
S.D. Codified Laws § 9-51-6 — SD Code / Title 9 / Chapter 51 / Section 9-51-6
Contract for purchase or lease of parking lot authorized--Maximum term
Status: in_force

The governing body of any municipality may enter into a contract for a term of years, not exceeding fifteen, for the purchase or lease by the municipality of real property to be used as a parking lot and area.

Source: SL 1953, ch 273; SDC Supp 1960, § 45.0201-1 (14).
S.D. Codified Laws § 9-43-75 — SD Code / Title 9 / Chapter 43 / Section 9-43-75
Local improvement defined
Status: in_force

For purposes of this chapter, the term, local improvement, means the process of building, altering, repairing, improving, or demolishing any local infrastructure facility, including any structure, building, or other improvement of any kind to real property, the cost of which is payable from taxes or special assessments.

Source: SL 2012, ch 57, § 3.
S.D. Codified Laws § 9-48-30 — SD Code / Title 9 / Chapter 48 / Section 9-48-30
Special contract powers unimpaired
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 contract as granted by § 9-48-32 , and any contract heretofore or hereafter entered into under such power shall be in lieu of any fees, rates, rentals, or charges established under §§ 9-48-26 to 9-48-29 , inclusive.

Source: SL 1949, ch 204, § 4; SL 1953, ch 261; SDC Supp 1960, § 45.1823.
S.D. Codified Laws § 9-27-2 — SD Code / Title 9 / Chapter 27 / Section 9-27-2
Acceptance of deed in satisfaction of tax or assessment lien--Freedom from other liens required
Status: in_force

Any municipality may accept, as herein provided, from the owner a deed to any real estate within the boundary of such municipality in cases where the municipality has a lien on said real estate for general taxes or special assessments.

The governing body shall not accept such deed to any real estate that is not free from the lien of any mortgage, mechanic's lien, judgment, or other lien or encumbrance except the lien of the state, county, school district, or other taxing subdivision for general taxes, or other special assessments that are a prior lien on said real estate.

Source: SL 1935, ch 156, §§ 1, 2; SDC 1939, § 45.2120.
S.D. Codified Laws § 9-41A-11 — SD Code / Title 9 / Chapter 41A / Section 9-41A-11
Registered office of agency--Change of location
Status: in_force

Every municipal power agency shall maintain an office in this state to be known as its registered office. When a municipal power agency desires to change the location of its registered office, it shall file with the secretary of state a certificate of change of location of the registered office, stating the new location by municipality, or other community and the effective date of change. If the certificate of change of location has been duly filed, the board of directors may make the change without any further action.

Source: SL 1978, ch 66, § 7; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-51-1.1 — SD Code / Title 9 / Chapter 51 / Section 9-51-1.1
Appointive board to manage parking facilities--Contents of ordinance
Status: in_force

Every municipality shall have power to create an appointive board of not more than seven and not less than three members in first class municipalities for the purpose of managing public parking facilities and automobile parking facilities including on - street parking facilities and to provide by ordinance the qualifications, mode of appointment, tenure of office, compensation, powers, duties of and rules and regulations governing such board.

Source: SL 1973, ch 58, § 5; SL 1974, ch 84.
S.D. Codified Laws § 9-14-39 — SD Code / Title 9 / Chapter 14 / Section 9-14-39
Delivery of records and property to successor in office--Liability--Penalties--Attorney’s fees--Injunction
Status: in_force

Within five days after leaving office, an officer of a municipality shall deliver to the officer's successor all books, property, and effects of every description belonging to the municipality or pertaining to the office. A former officer in violation of this section is personally liable for all damages caused by the violation, any additional penalties prescribed by ordinance, and associated reasonable attorney fees and costs related to the violation. The municipality may also obtain injunctive relief from the court.

Source: SL 1890, ch 37, art VI, § 6; RPolC 1903, § 1239; SL 1913, ch 119, § 61; RC 1919, § 6278; SDC 1939, § 45.1111; SL 2026, ch 33, § 28.
S.D. Codified Laws § 9-39-26 — SD Code / Title 9 / Chapter 39 / Section 9-39-26
Separate fund for utility receipts and disbursements--Separate accounts for each utility
Status: in_force

A separate fund shall be established in the municipal treasury. Into this fund shall be paid all receipts from the utility operations under the control of the municipal utility board and from it shall be paid all disbursements attributable to the utility operations under the control of the utility board. The utility board shall maintain separate accounts for each utility in such a manner that the accounting records will show proper classification of the revenues and expenditures and the true operating results for each utility.

Source: SL 1955, ch 221, § 5; SDC Supp 1960, § 45.3905 (1); SL 1961, ch 253.
S.D. Codified Laws § 9-45-6 — SD Code / Title 9 / Chapter 45 / Section 9-45-6
Survey and plat filed on laying out or boundary change in street, alley, or public ground
Status: in_force

When any street, alley, or public ground in a municipality is laid out or its boundaries changed, the governing body shall cause an accurate survey and plat thereof to be made and filed in the office of the finance officer and in the office of the register of deeds of the county. Any municipality may widen an existing street within the platted right - of - way without filing new plats.

Source: SL 1890, ch 37, art XVI, § 12; RPolC 1903, § 1300; RC 1919, § 6355; SDC 1939, § 45.1709; SL 1991, ch 74, § 1.
S.D. Codified Laws § 9-3-18 — SD Code / Title 9 / Chapter 3 / Section 9-3-18
Election by plurality at first election--Tie vote--Notice to persons elected
Status: in_force

The person having the highest number of votes respectively for each office to be filled is declared elected. If there is a tie, the county auditor must determine by lot the person deemed elected. The county auditor shall notify each person elected of the person's election within two days after the result of the election is declared.

Source: PolC 1877, ch 24, § 16; CL 1887, § 1037; RPolC 1903, § 1432; SL 1905, ch 170; RC 1919, § 6183; SDC 1939, § 45.0313; SL 2024, ch 28, § 30.
S.D. Codified Laws § 9-40-34 — SD Code / Title 9 / Chapter 40 / Section 9-40-34
Judicial approval of rates charged during receivership--Criteria for establishment of rates
Status: in_force

The court appointing the receiver authorized by § 9-40-33 shall first approve such rates and in doing so the receiver and the court shall take into consideration the capital cost of such utility and the expenses reasonably required to operate and maintain the utility as well as any schedule of rates previously adopted by such municipality or fixed by a valid contract between the first or second class municipality and any third persons.

Source: SL 1931, ch 194, § 8; SDC 1939, § 45.2408; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-52-29 — SD Code / Title 9 / Chapter 52 / Section 9-52-29
Sale and lease-back arrangements--Tax exemption
Status: in_force

The governing body of a municipality may by ordinance exercise all the powers conferred on the South Dakota Building Authority and the Governor pursuant to and in the manner provided by §§ 5-12-15 , 5-12-19 , 5-12-42 to 5-12-45 , inclusive, with respect to the acquisition, lease, sale and lease - back of land, improvements and capital equipment for the municipality's auditorium or convention center and all related facilities, except that the proceeds of sale of any such facility are subject to § 6-13-8 . All land, improvements and capital equipment owned or being leased or acquired by the municipality pursuant to a lease having a fixed term plus renewal options exceeding three years or a lease - purchase or installment purchase contract shall constitute a separate class of property which is exempt from all taxation.

Source: SL 1984, ch 63, § 1; SL 1985, ch 68; SL 1988, ch 64, §§ 8, 54; SL 1989, ch 30, § 25.
S.D. Codified Laws § 9-35-3 — SD Code / Title 9 / Chapter 35 / Section 9-35-3
Grant of franchise subject to approval by voters--Exception
Status: in_force

The governing body may not grant a franchise to any public utility authorizing it to occupy any of the streets, alleys, or public places of the municipality without submitting the proposition of issuing such franchise to a vote of the voters thereof at a general or special election called for the purpose. However, no franchise election is required when granting a franchise to a natural gas utility which is regulated by the Public Utilities Commission.

Source: SL 1913, ch 119, § 123; RC 1919, § 6248; SL 1921, ch 310; SDC 1939, § 45.1006; SL 1986, ch 79.
S.D. Codified Laws § 9-31-2 — SD Code / Title 9 / Chapter 31 / Section 9-31-2
Designation of routes of travel for commercial vehicles
Status: in_force

Every municipality shall have the power by ordinance or resolution to designate routes of travel on the public streets and highways within and through the municipality for commercial motor carriers, trucks, and buses and to require such motor vehicles to follow such designated routes of travel within and through the municipality with provision for permission for such motor vehicles to deviate from such designated routes to the extent required to reach a necessary destination within the municipality not on such designated routes.

Source: SL 1949, ch 201; SDC Supp 1960, § 45.0201-1 (6).
S.D. Codified Laws § 9-33-4 — SD Code / Title 9 / Chapter 33 / Section 9-33-4
Regulation of building construction--Fire escapes
Status: in_force

Every municipality shall have power to prescribe the manner of constructing buildings, structures, and the walls thereof, and to require and regulate the construction of fire escapes on buildings.

Source: SL 1890, ch 37, art V, § 1, subdiv 49; RPolC 1903, § 1229, subdiv 49; SL 1909, ch 50; SL 1913, ch 119, § 53, subdiv 49; RC 1919, § 6169 (29); SL 1925, ch 240; SDC 1939, § 45.0201 (55).
S.D. Codified Laws § 9-23-9 — SD Code / Title 9 / Chapter 23 / Section 9-23-9
Registration of warrants presented but not paid
Status: in_force

Whenever any warrant shall be presented to the treasurer for payment and there shall be no funds in the treasury appropriated for that purpose, he shall enter such warrant in his warrant register for payment in the order of presentation.

Source: SL 1874-5, ch 74, § 3; PolC 1877, ch 50, § 3; CL 1887, § 1673; SL 1893, ch 57, § 1; RPolC 1903, § 2253; RC 1919, § 6975; SDC 1939, § 45.1421.
S.D. Codified Laws § 9-9-10 — SD Code / Title 9 / Chapter 9 / Section 9-9-10
Attendance of witnesses and production of documents--Service of process
Status: in_force

The board has the authority to summon and compel the attendance of witnesses and the production of books and papers if it is necessary for the effective discharge of the board's duties. Any process necessary to enforce the powers conferred by this section and § 9-9-9 shall be signed by the mayor and attested by the finance officer, and shall be served by a municipal law enforcement officer or by the sheriff of the county.

Source: SL 1913, ch 119, § 18; SL 1915, ch 113, § 2; RC 1919, § 6224; SDC 1939, § 45.0805; SL 2018, ch 49, § 8.
S.D. Codified Laws § 9-13-29 — SD Code / Title 9 / Chapter 13 / Section 9-13-29
Municipal officers subject to recall
Status: in_force

In any municipality, with or without a city manager, the mayor, any commissioner, any alderman, or any member of the board of trustees may be removed from office at any time by the voters qualified to vote for a successor as provided in §§ 9-13-30 to 9-13-32 , inclusive.

Source: SL 1913, ch 119, § 15; RC 1919, § 6332; SL 1935, ch 158, § 9; SL 1937, ch 176, § 1; SDC 1939, § 45.1325; SL 1963, ch 280; SL 2009, ch 34, § 1.
S.D. Codified Laws § 9-5-14 — SD Code / Title 9 / Chapter 5 / Section 9-5-14
Bonded indebtedness of annexed municipality--Tax levy
Status: in_force

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

Source: SL 1951, ch 249, § 8; SDC Supp 1960, § 45.29A08.
S.D. Codified Laws § 9-47-4 — SD Code / Title 9 / Chapter 47 / Section 9-47-4
Contract for waterworks system--Maximum tax levy without approval by voters
Status: in_force

When the expense in connection with the waterworks system is to be raised by general taxation, no contract for construction, purchase, lease, or maintenance which shall stipulate for an annual payment greater than an annual levy of five mills on each dollar of the assessed valuation of the municipality shall be authorized until such contract shall first have been submitted to a vote of the voters of such municipality at a general or special election and ratified by a majority of those voting at such election.

Source: SL 1901, ch 81, § 1; RPolC 1903, § 1520; SL 1913, ch 367; RC 1919, § 6394; SDC 1939, § 45.1904.
S.D. Codified Laws § 9-20-7 — SD Code / Title 9 / Chapter 20 / Section 9-20-7
Description in referendum petition of matter covered
Status: in_force

If the matter intended to be covered by the referendum petition is the whole of any ordinance or resolution, the petition shall contain the title of such ordinance or the subject of such resolution, and the date of its passage, but if only a portion of such ordinance or resolution is intended to be covered by the petition, such portion shall be set out at length.

Source: SL 1899, ch 94, § 3; RPolC 1903, § 1216; SL 1913, ch 119, § 40; RC 1919, § 6255; SL 1921, ch 300, § 1; SDC 1939, § 45.1012; SL 1957, ch 245, § 1.
S.D. Codified Laws § 9-12-23 — SD Code / Title 9 / Chapter 12 / Section 9-12-23
Capital improvement board--Length of terms--Filling vacancies
Status: in_force

The term of each member appointed pursuant to § 9-12-22 is three years. In the case of a vacancy, a new member may be appointed for the remainder of the term, in accordance with § 9-12-22 .

Each term begins on the January first or July first following the appointment, whichever occurs first.

Source: SL 2026, ch 34, § 2.
S.D. Codified Laws § 9-11-6 — SD Code / Title 9 / Chapter 11 / Section 9-11-6
Petition to change government form--Election
Status: in_force

If a petition signed by fifteen percent of the registered voters of any municipality, as determined by the total number of registered voters at the last preceding general election, is presented to the governing body, requesting that an election be called for the purpose of voting upon a question of change of form of government or upon a question of the number of wards, commissioners, or trustees, the governing body must call an election that must be held within fifty days from the date of the filing of the petition with the municipal finance officer. At that election, the question of the change of form of government or the number of wards, commissioners, or trustees, or both, must be submitted to the voters. No petition is valid if filed more than six months after the circulation start date declared on the petition forms. If the petition is filed on or after January first prior to the regular municipal election and within sufficient time to comply with the provisions of chapter 9-13 , the question must be submitted at that election.

The election must be held upon the same notice and conducted pursuant to chapter 9-13 .

Source: SDC 1939, § 45.0502; SL 1978, ch 60, § 1; SL 1979, ch 48, § 3; SL 1983, ch 52, § 3; SL 1983, ch 53, § 4; SL 1984, ch 54; SL 1988, ch 63, § 6; SL 1992, ch 60, § 2; SL 2000, ch 34, § 4; SL 2022, ch 22, § 1; SL 2024, ch 28, § 33; SL 2025, ch 38, § 56; SL 2026, ch 32, § 16.
S.D. Codified Laws § 9-52-18 — SD Code / Title 9 / Chapter 52 / Section 9-52-18
Municipality and board exempt from liability for negligence of officers and employees--Employees' rights preserved
Status: in_force

No action shall lie against any municipality or its governing body or auditorium board to recover for injuries sustained by any person through the negligence of municipal officers or employees while engaged in the operation of a municipal auditorium; provided, that nothing herein contained shall prevent any employee of the municipality or auditorium from maintaining an action to recover damages for injuries received in the course of his employment.

Source: SL 1951, ch 246, § 9; SDC Supp 1960, § 45.24B09.
S.D. Codified Laws § 9-41A-29 — SD Code / Title 9 / Chapter 41A / Section 9-41A-29
Investment of funds
Status: in_force

Subject to any agreement with bondholders or noteholders, a municipal power agency may invest money of the municipal power agency not required for immediate use, including proceeds from the sale of any bonds or notes, in obligations, securities, and other investments as the municipal power agency shall deem prudent.

Source: SL 1978, ch 66, § 24.
S.D. Codified Laws § 9-29-4 — SD Code / Title 9 / Chapter 29 / Section 9-29-4
Disorderly houses and houses of ill fame
Status: in_force

Every municipality shall have power to suppress bawdy or disorderly houses and houses of ill fame.

Source: SL 1890, ch 37, art V, § 1, subdiv 34; RPolC 1903, § 1229, subdiv 34; SL 1907, ch 94; SL 1913, ch 119, § 53, subdiv 34; RC 1919, § 6169 (57); SDC 1939, § 45.0201 (28).
S.D. Codified Laws § 9-6-7 — SD Code / Title 9 / Chapter 6 / Section 9-6-7
Petition for dissolution--Judgment record
Status: in_force

The clerk of courts shall enter the petition for dissolution, any objections, the report of the referee, and the judgment of dissolution into the judgment record.

Source: SL 1903, ch 91, § 3; RC 1919, § 6568; SDC 1939, § 45.3004; SL 2025, ch 38, § 7.
S.D. Codified Laws § 9-52-1 — SD Code / Title 9 / Chapter 52 / Section 9-52-1
Power to construct, operate, and maintain auditorium
Status: in_force

Every municipality shall have power to construct, operate, and maintain an auditorium.

Source: SL 1917, ch 310, § 1; RC 1919, § 6169 (26); SDC 1939, § 45.0201 (15).
S.D. Codified Laws § 9-21-34 — SD Code / Title 9 / Chapter 21 / Section 9-21-34
Municipal appropriation--Deadlines
Status: in_force

A municipality may move the deadline for introducing the annual appropriation or budget, contained in § 9-21-2 and subdivision 9-10-15 (5), as applicable, to as late as the first regular meeting of the governing board in November. Each municipality that opts to move the deadlines shall, by ordinance, establish budget hearing and publication deadlines pursuant to § 9-19-7 .

Source: SL 2021, ch 41, § 1.
S.D. Codified Laws § 9-24-5 — SD Code / Title 9 / Chapter 24 / Section 9-24-5
Limitation of action against municipality, employee, official, or volunteer for personal injury or death
Status: in_force

Any action for recovery of damages for personal injury or death caused by the negligence of a municipality or its employees, elected and appointed officials, and volunteers authorized by the municipality at the time of the alleged negligent act shall be commenced within two years from the occurrence of the accident causing the injury or death. This section applies whether such person is classified, unclassified, licensed, certified, permanent, temporary, compensated, or not compensated.

Source: SL 1907, ch 90, § 1; RC 1919, § 6339; SDC 1939, § 45.1409; SL 1961, ch 251; SL 2011, ch 44, § 1.
S.D. Codified Laws § 9-12-14 — SD Code / Title 9 / Chapter 12 / Section 9-12-14
Power to support airports and landing fields
Status: in_force

Every municipality may exercise the powers as to airports and landing fields for aircraft as provided in Title 50.

Source: SL 1929, ch 71, § 1; SL 1931, ch 86, § 1; SDC 1939, § 45.0201 (102).
S.D. Codified Laws § 9-18-1 — SD Code / Title 9 / Chapter 18 / Section 9-18-1
Governing body to publish minutes of meetings including statement of expenditures--Rate of payment for publication
Status: in_force

The governing body of each municipality shall publish, within twelve business days, the minutes for each meeting of the governing body including a detailed statement of all expenditures of money and the name of each person paid and the service provided. The municipality shall pay for the publication of the minutes not to exceed ninety percent of the legal line rates for weekly newspapers and not to exceed the legal line rate for daily newspapers as provided in § 17-2-19 .

Source: RC 1919, § 6580; SL 1919, ch 252; SL 1925, ch 215; SDC 1939, § 45.1116; SL 1941, ch 195; SL 1943, ch 164; SL 1947, ch 202; SL 1957, ch 246; SL 1963, ch 278; SL 2018, ch 50, § 1.
S.D. Codified Laws § 9-10-15 — SD Code / Title 9 / Chapter 10 / Section 9-10-15
City manager--General duties and authority
Status: in_force

The city manager shall:

(1) See that municipal laws, ordinances, and resolutions are enforced;

(2) Supervise the administration of the affairs of the municipality;

(3) Make recommendations to the governing body concerning the affairs of the municipality as may seem prudent;

(4) Keep the governing body advised of the financial condition and future needs of the municipality;

(5) Prepare and submit to the governing body an annual budget on a date determined by the governing body pursuant to §§ 9-21-34 and 9-21-34.1 ;

(6) See that all terms and conditions imposed in favor of the municipality or its inhabitants in any contract or franchise to which the municipality is a party are faithfully kept and performed;

(7) Be entitled to be present and take part in discussions at all meetings of the governing body and its committees, except when the governing body is considering removal of the manager;

(8) Sign all warrants for the payment of money, which warrants:

(a) Must be countersigned by the finance officer; and

(b) May not be issued until the claim has been approved by the governing body, except as otherwise provided by ordinance or resolution ;

(9) Have the right to prepare and introduce ordinances and resolutions and take part in the discussions on all matters coming before the governing body, but the manager may not vote; and

(10) Have other powers and duties as may be prescribed by ordinance or resolution.

Source: SL 1935, ch 158, § 3; SDC 1939, § 45.0902; SL 1992, ch 60, § 2; SL 2025, ch 38, § 52.
S.D. Codified Laws § 9-27-1 — SD Code / Title 9 / Chapter 27 / Section 9-27-1
Appropriation and condemnation of private property--Resolution of necessity
Status: in_force

Except as otherwise specially provided, whenever the governing body of any municipality shall deem it necessary to appropriate or damage any private property, either within or without the corporate limits of the municipality, for any purpose authorized by law, it shall, by a resolution passed by a two - thirds majority of all the members elected thereto, declare such appropriation necessary, stating the purpose and extent of such appropriation. Thereupon the proceedings for such appropriation and condemnation shall be as provided by law and the rules of practice and procedure adopted by the Supreme Court.

Source: SL 1890, ch 37, art XIX, § 1; RPolC 1903, § 1340; SL 1905, ch 154, §§ 2, 3; RC 1919, § 6571; SDC 1939, § 45.2712.
S.D. Codified Laws § 9-34-10 — SD Code / Title 9 / Chapter 34 / Section 9-34-10
Delivery men, taxi drivers, and expressmen
Status: in_force

Every municipality shall have power to license, tax, and regulate, and prescribe the compensation of draymen, parcel delivery men, bus drivers, cabmen, taxi drivers, porters, expressmen, and others pursuing like occupations.

Source: SL 1890, ch 37, art V, § 1, subdiv 31; RPolC 1903, § 1229, subdiv 31; SL 1913, ch 119, § 53, subdiv 31; RC 1919, § 6169 (56); SDC 1939, § 45.0201 (66).
S.D. Codified Laws § 9-51-4 — SD Code / Title 9 / Chapter 51 / Section 9-51-4
Use of moneys in parking lot and area fund--Retirement of bonds as proper purpose--Use for street construction and maintenance
Status: in_force

Moneys in the parking lot and area fund referred to in § 9-51-2 shall be disbursed only for the purpose of acquiring parking lots and areas, and for surfacing or otherwise improving said lots or areas making them suitable for public parking, provided that the retirement of revenue bonds or general obligation bonds issued for the financing of the purchase of parking lots and areas shall be considered as an acquisition of such properties within the meaning of this section.

When funds have accumulated in the parking lot and area fund, under the provisions of § 9-51-2 , and it shall be determined by a majority vote of the voters of the municipality, voting at any regular or special election, called for the purpose by the governing body, that such funds, or any portion thereof, are no longer needed for the purposes declared in this section, the governing body of such municipality may then use such funds for the construction or maintenance of the city streets.

Source: SL 1951, ch 244, § 2; SL 1953, ch 252, §§ 1, 2; SDC Supp 1960, § 45.0201-1 (10); SL 1961, ch 243; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-47-22 — SD Code / Title 9 / Chapter 47 / Section 9-47-22
Request for rural water system to provide water service by persons living within three miles of certain municipalities--Notification and election of municipality
Status: in_force

If a rural water system is requested after July 1, 1989, to provide water service to any person who resides within three miles of a municipality owning and operating a water supply system, the rural water system shall promptly notify such municipality of such request in writing. Within sixty days from the receipt of such notice, the municipality may elect to provide water service to such person. If the municipality does not so elect, the rural water system may provide such service.

Source: SL 1989, ch 387, § 1.
S.D. Codified Laws § 9-39-30 — SD Code / Title 9 / Chapter 39 / Section 9-39-30
Municipal power to abolish utility board or terminate authority over utility
Status: in_force

Any municipality may, by vote of its voters, as hereinafter provided, determine whether its municipal utility board shall be abolished, or whether its authority over any particular utility shall be terminated.

Source: SL 1955, ch 221, § 7; SDC Supp 1960, § 45.3907 (1).
S.D. Codified Laws § 9-13-4.1 — SD Code / Title 9 / Chapter 13 / Section 9-13-4.1
Registration and residence required to vote in municipal election--Residence defined--Challenge--Contest of election
Status: in_force

No person may vote at any municipal election unless the person is registered to vote pursuant to chapter 12-4 and resides in the municipality at the time of the election. For the purposes of this section, a person resides in the municipality if the person actually lives in the municipality for at least thirty days each year, is a full - time postsecondary education student who resided in the municipality immediately prior to leaving for the postsecondary education, or is on active duty as a member of the armed forces whose home of record is within the municipality. A voter's qualification as a resident may be challenged in the manner provided in § 12-18-10 . No election may be contested on the grounds that any nonresident was allowed to vote if the nonresident was not challenged in the manner provided in § 12-18-10 .

Source: SL 1998, ch 45, § 1; SL 2001, ch 43, § 1; SL 2002, ch 46, § 1.
S.D. Codified Laws § 9-44-6 — SD Code / Title 9 / Chapter 44 / Section 9-44-6
Agreement by municipality to pay part of bonds from tax proceeds--Constitutional limitation--Irrepealable tax levy
Status: in_force

The municipality may agree to pay any part not exceeding one - half of the principal of and interest on municipal improvement bonds by ad valorem taxation on all property within the municipality. Such part of the principal 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 the 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 fund of the improvement, shall be included. Before delivery of the bonds the governing body shall levy and cause to be certified to the county auditor a direct, annual, irrepealable, ad valorem tax, to be spread upon the tax rolls for the same years as the special assessments, 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 payment of a part of principal and interest requirements in excess of the limitations herein shall be invalid only as to such excess.

Source: SL 1947, ch 219, § 4; SDC Supp 1960, § 45.21A04 (1).
S.D. Codified Laws § 9-43-108 — SD Code / Title 9 / Chapter 43 / Section 9-43-108
County auditor to certify installment, interest, and general taxes to the county treasurer for collection
Status: in_force

The county auditor shall include each installment under Plan One, unless advised by the finance officer of the municipality of the prior payment, in the taxes collectible in the year in which the installment is due, upon each parcel of land assessed, including interest upon that installment and all subsequent unpaid installments, at the rate fixed by the governing body. The county auditor shall certify the installment and interest, together with general taxes, to the county treasurer for collection in accordance with chapter 10-17 .

Source: SL 2012, ch 57, § 36.
S.D. Codified Laws § 9-33-2 — SD Code / Title 9 / Chapter 33 / Section 9-33-2
Fire limits for wooden buildings--Condemnation of damaged buildings
Status: in_force

Every municipality shall have power to prescribe the fire limits within which wooden buildings shall not be erected, placed, or repaired without permission, and to provide that when a building within such limits has been damaged by fire, decay, or otherwise to an extent of fifty percent of its value, it shall be torn down or removed, and to prescribe the manner of ascertaining such damage.

Source: SL 1890, ch 37, art V, § 1, subdiv 50; RPolC 1903, § 1229, subdiv 50; SL 1903, ch 96; SL 1909, ch 50; SL 1913, ch 119, § 53, subdiv 50; RC 1919, § 6169 (23); SDC 1939, § 45.0201 (52).
S.D. Codified Laws § 9-31-4 — SD Code / Title 9 / Chapter 31 / Section 9-31-4
Assistance in enforcement of drunk-driving laws
Status: in_force

The law enforcement officers of every municipality shall assist state law enforcement officers in the apprehension and prosecution of persons suspected of violating the provisions of chapter 32-23 .

Source: SL 1941, ch 192; SL 1955, ch 196; SDC Supp 1960, § 45.0201 (106); SL 1974, ch 76, § 2.
S.D. Codified Laws § 9-19-20 — SD Code / Title 9 / Chapter 19 / Section 9-19-20
Firearms regulation prohibited--Action by attorney general
Status: in_force

No municipality may pass an ordinance that restricts or prohibits, or imposes any licensure requirement or licensure fee on the possession, storage, transportation, purchase, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any ordinance prohibited by this section is null and void. The attorney general shall send a cease and desist order to any municipality that passes or enforces an ordinance in violation of this section. If the municipality fails to comply with the order, the attorney general shall bring an action in the name of the state for injunctive relief against any municipality that has passed an ordinance in violation of this section. A court shall grant any person charged with a violation of an ordinance prohibited under this section reasonable costs, expenses, and attorney's fees. This section does not apply to any generally applicable zoning ordinance, building regulation, or fire code so long as the ordinance, regulation, or code is not used to circumvent the prohibition under this section.

Source: SL 1983, ch 38, § 1; SL 2019, ch 51, § 3.
S.D. Codified Laws § 9-19-12 — SD Code / Title 9 / Chapter 19 / Section 9-19-12
Ordinance becoming law without mayor's signature--Emergency excluded
Status: in_force

If the mayor fails to sign any ordinance or resolution or file written objections within ten days after its passage, the ordinance or resolution:

(1) Must be published; and

(2) Becomes law without the mayor's signature.

This section does not apply to any ordinance or resolution necessary for the immediate preservation of the public peace, health, safety, or support of the municipal government and its existing institutions if the ordinance or resolution:

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

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

Source: SDC 1939, § 45.1004; SL 2001, ch 45, § 3; SL 2026, ch 33, § 42.
S.D. Codified Laws § 9-40-38 — SD Code / Title 9 / Chapter 40 / Section 9-40-38
Sale of waterworks and waste disposal facilities--Conditions
Status: in_force

Subject only to the limitation hereinafter set forth, the governing body of a municipality may by ordinance authorize the sale of land, improvements and capital equipment comprising all or a portion of a system or part of system of waterworks, or sewage and waste disposal described in § 9-40-1 . Any sale made pursuant to this section is subject to the following conditions:

(1) The sale price shall be not less than the greater of an amount equal to the depreciated value of the facilities sold or an amount sufficient to pay, redeem, or discharge all outstanding indebtedness of the municipality incurred with respect to the facilities sold;

(2) The sale proceeds are subject to § 6-13-8 ; and

(3) At the time of sale the municipality shall enter into a franchise agreement, a utility service contract, or other contract, requiring the purchaser to furnish to the municipality, its residents and users located in the area now served by the facilities sold, utility service, at such rates as are approved by the municipality or another governmental entity having rate regulating authority, if any, and on such further terms and conditions as are determined by the municipality's governing body. The municipality may enter into all other contracts considered necessary or desirable with respect to the facility being sold, including but not limited to, contracts relating to the operation, maintenance, insurance, improvements, replacement, and extension of the facilities sold or similar new facilities to be operated in conjunction therewith by the municipality or the other contracting party.

Source: SL 1985, ch 66, § 2; SL 1988, ch 64, §§ 8, 54; SL 1989, ch 30, § 24.
S.D. Codified Laws § 9-10-8 — SD Code / Title 9 / Chapter 10 / Section 9-10-8
Governing body--Regular and special meetings--Quorum--Open to public--Minutes
Status: in_force

The governing body of any municipality employing a manager shall hold regular meetings on the day and time adopted by ordinance, with at least one regular meeting per calendar month. The governing body may, by ordinance, determine the manner in which special meetings may be called.

Unless a seat on the governing body is vacant due to removal, resignation, death, or by operation of law, a quorum consists of the majority of all the members of the governing body who are qualified to serve by election or appointment pursuant to chapter 9-13 . The governing body may compel the attendance of absentees under such penalties as may be prescribed by ordinance.

The meetings of the governing body are open to the public. The governing body shall keep minutes of its meetings.

Source: SL 1935, ch 158, § 10; SDC 1939, § 45.0907; SL 1992, ch 60, § 2; SL 2025, ch 38, § 45.
S.D. Codified Laws § 9-53-5 — SD Code / Title 9 / Chapter 53 / Section 9-53-5
Plat showing district boundaries and location of hall
Status: in_force

The governing body shall also cause to be prepared and filed with the city auditor or town clerk a plat showing the exterior boundaries of the proposed benefit district and the location of the public convention hall.

Source: SL 1967, ch 230, § 4.
S.D. Codified Laws § 9-4-1.1 — SD Code / Title 9 / Chapter 4 / Section 9-4-1.1
Municipalities authorized to enter into annexation and development agreements with landowners
Status: in_force

A municipality may enter into an agreement with any landowner specifying the conditions under which the landowner's property may be annexed pursuant to § 9-4-1 or developed.

Source: SL 2004, ch 102, § 2.
S.D. Codified Laws § 9-21-24.1 — SD Code / Title 9 / Chapter 21 / Section 9-21-24.1
Encumbrance of unexpended appropriations for obligations incurred but not paid
Status: in_force

The governing body may by resolution not later than its first meeting in February encumber that portion of unexpended appropriations from the prior year for which applicable obligations were incurred but were not paid. The resolution shall state the appropriation account and amount encumbered. The auditor, clerk, or finance officer shall keep a detailed listing by payee and amount supporting such amount shown in the resolution for examination at the time of audit.

Source: SL 1971, ch 61; SL 1976, ch 74, § 1; SL 1979, ch 56.
S.D. Codified Laws § 9-42-12.1 — SD Code / Title 9 / Chapter 42 / Section 9-42-12.1
Payments from general fund of municipality
Status: in_force

If progress payments or final payment become due under the provisions of § 9-42-12 and if the improvements are to be financed by bonds authorized under the provisions of chapter 9-44 and the bonds have not been sold, the municipality may transfer the necessary funds from general funds in order to make the payments.

Source: SL 1981, ch 74.
S.D. Codified Laws § 9-39-31 — SD Code / Title 9 / Chapter 39 / Section 9-39-31
Petition to abolish utility board or terminate authority
Status: in_force

As to any question referred to in § 9-39-30 , fifteen percent of the registered voters residing in a municipality, based upon the total number of registered voters at the last preceding general election, may petition for a special election to determine such question.

Source: SL 1955, ch 221, § 7; SDC Supp 1960, § 45.3907 (2); SL 1987, ch 67, § 19.
S.D. Codified Laws § 9-23-7 — SD Code / Title 9 / Chapter 23 / Section 9-23-7
Endorsement of warrant for payment by depository
Status: in_force

Every warrant for the payment of money issued by any municipality, which is not registered because of lack of funds with which to pay such warrant, shall be countersigned by the treasurer of such municipality, who shall also endorse on such warrant an order to the depository, by which such warrant is to be paid, to pay such warrant to the order of the payee and charge the same to the account of such treasurer. Such warrant so countersigned and endorsed shall have the same force and effect as a check drawn by said treasurer upon such depository. No such warrant shall be paid by the depository unless so countersigned and endorsed by such treasurer. No warrant shall be countersigned by the treasurer so long as there are any registered warrants outstanding.

Source: SL 1953, ch 500; SDC Supp 1960, § 45.1438.
S.D. Codified Laws § 9-10-1 — SD Code / Title 9 / Chapter 10 / Section 9-10-1
Petition for city manager--Validity--Election--Ballot
Status: in_force

If a petition signed by fifteen percent of the registered voters of any municipality, as determined by the total number of registered voters at the last preceding general election, is presented requesting that an election be called to vote on the question of employing a city manager, the governing body must call an election to be held within fifty days from the date of the filing of the petition with the municipal finance officer. At that election, the question must be submitted to the voters. No petition is valid if filed more than six months after the circulation start date declared on the petition forms. If the petition is filed on or after January first prior to the regular municipal election and within sufficient time to comply with the provisions of chapter 9-13 , the question must be submitted at that election.

The election must be held upon the same notice and conducted in the same manner as a regular municipal election. The vote must be by ballot, in the form and cast in the manner provided by chapter 9-13 .

Source: SL 1918, ch 57, § 1; RC 1919, § 6231; SL 1935, ch 158, §§ 2, 11; SDC 1939, § 45.0901; SL 1988, ch 63, § 5; SL 1992, ch 60, § 2; SL 2006, ch 29, § 5; SL 2011, ch 42, § 1, eff. March 14, 2011; SL 2025, ch 38, § 39; SL 2026, ch 32, § 13.
S.D. Codified Laws § 9-36-3 — SD Code / Title 9 / Chapter 36 / Section 9-36-3
Survey and marking of proposed stream boundaries--Filing of plat
Status: in_force

When it is proposed to exercise the power granted by § 9-36-2 , the governing body shall cause a survey to be made of the proposed boundary lines and said lines to be marked upon the ground by suitable stakes or monuments, and a plat of such river or stream showing said boundary lines to be filed in the office of the auditor or clerk.

Source: SL 1931, ch 189, § 2; SDC 1939, § 45.2001.
S.D. Codified Laws § 9-40-15.1 — SD Code / Title 9 / Chapter 40 / Section 9-40-15.1
Collection of charges for sewerage, water services, and drainage basin utility districts--Amount and basis of charges--Surcharge on water bills
Status: in_force

The governing body of each municipality issuing bonds under this chapter shall establish and collect equitable rates, charges, or rentals for all services and benefits furnished by such sewerage and water facility system or systems or drainage basin utility districts. The rates, charges, or rentals shall be sufficient to produce net revenues adequate to pay the principal of and interest on the bonds issued hereunder as such principal and interest become due, and to create and maintain reasonable reserves therefor. The charges may include a reasonable minimum amount for standby or ready - to - serve benefits and may be based on any factors reasonably related to the character, quantity, and quality of the service or benefits furnished. Rates and charges for sewerage improvements may, but need not, be established as a surcharge on water bills to the extent that the governing body shall determine either that water consumed is a fair measure of sewage produced or that the sewerage improvement prevents pollution of the water supply.

Source: SL 1975, ch 92, § 4; SL 1989, ch 388, § 18.
S.D. Codified Laws § 9-13-31 — SD Code / Title 9 / Chapter 13 / Section 9-13-31
Recall election--Notice
Status: in_force

The governing body shall, within ten days of presentation, order and fix the date for holding a special election on a Tuesday between thirty and fifty days from the date of the order. If a petition is filed within six months of the next regular municipal election and within sufficient time to comply with the provisions of § 9-13-14 , the question of a successor must be submitted at that election.

The governing body shall publish a notice of election in the same manner as provided in § 9-13-13 .

Source: SL 1913, ch 119, § 15; RC 1919, § 6332; SL 1937, ch 176, § 1; SDC 1939, § 45.1325; SL 1963, ch 280; SL 1977, ch 68, § 7; SL 1983, ch 53, § 5; SL 2016, ch 49, § 2; SL 2025, ch 40, § 10, eff. Jan. 1, 2026; SL 2026, ch 32, § 25.
S.D. Codified Laws § 9-38-93 — SD Code / Title 9 / Chapter 38 / Section 9-38-93
Agreements by recreation board and park board for use of park grounds--Coordination of activities of boards
Status: in_force

In first and second class municipalities where there are separate boards, the designation or the use of any public park, or designated area thereof, for recreational purposes shall be by agreement of the recreation board and park board, subject to review or determination by the governing body of the municipality in the event of disagreement as to such use. In order to facilitate the carrying out of the authorized purposes of the recreation board and the park board in municipalities where there are separate boards and to coordinate the activities of each board, the recreation board may require that the park superintendent, the executive officer of the park board, attend any regular or special meeting of the recreation board, and the park board may require that the director of recreation, the executive officer of the recreation board, attend any regular or special meeting of the park board.

Source: SL 1949, ch 202, § 23; SDC Supp 1960, § 45.3223; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-40-31 — SD Code / Title 9 / Chapter 40 / Section 9-40-31
Expenditures from depreciation account--Investment of accumulations
Status: in_force

The funds accumulating to the depreciation account shall be expended in balancing depreciation in such utility, or in making any constructions, extensions, or additions thereto. Any such accumulations may be invested as the governing body may designate, to the same extent and in the same manner as any other funds of the municipality may be invested as otherwise provided by law; and if invested, the income from such investment shall be carried into the depreciation account.

Source: SL 1931, ch 194, § 11; SDC 1939, § 45.2411.
S.D. Codified Laws § 9-8-8 — SD Code / Title 9 / Chapter 8 / Section 9-8-8
Common council--Meetings--Quorum--Open to public--Minutes kept
Status: in_force

The council holds its regular meetings on the first Monday of each month but may, by ordinance, change the day of its regular monthly meetings. The council may prescribe by ordinance the manner in which special meetings may be called.

A majority of all the aldermen constitutes a quorum to do business. When a seat on a council is vacant due to removal, resignation, death, or by operation of law, the quorum consists of the majority of all the aldermen who are qualified to serve as aldermen by election or appointment pursuant to chapter 9-13 . The council may compel the attendance of absentees under the penalties as may be prescribed by ordinance.

The meetings of the council are open to the public. The council shall keep minutes of its meetings.

Source: SL 1890, ch 37, art IV, §§ 9, 11; RPolC 1903, §§ 1205, 1206, 1208; RC 1919, §§ 6211, 6212, 6214; SDC 1939, § 45.0705; SL 2017, ch 56, § 8; SL 2025, ch 38, § 24.
S.D. Codified Laws § 9-14-35.1 — SD Code / Title 9 / Chapter 14 / Section 9-14-35.1
Health insurance--Flexible spending accounts
Status: in_force

Any health insurance plan or policy provided pursuant to §§ 9-14-30 and 9-14-35 may include the use of flexible spending accounts that may be paid or reimbursed through the use of debit cards, direct deposit to financial institutions, check, or a combination of these.

Source: SL 2010, ch 43, § 1; SL 2026, ch 33, § 25.
S.D. Codified Laws § 9-12-5.1 — SD Code / Title 9 / Chapter 12 / Section 9-12-5.1
Lease of municipally owned property--Term and conditions
Status: in_force

Every municipality may lease its municipally owned property. The lease must be for a term and upon the conditions provided by the governing body.

Source: SL 1980, ch 61, § 1; SL 2025, ch 38, § 61.
S.D. Codified Laws § 9-26-22 — SD Code / Title 9 / Chapter 26 / Section 9-26-22
Compromise of judgment by delivery of bonds to creditor
Status: in_force

Any municipality may compromise and settle with any such judgment creditor by the delivery of any amount of judgment bonds less than the amount due upon such judgment that such creditor may be willing to accept in settlement of such judgment.

Source: SL 1905, ch 65, § 4; RC 1919, § 6426; SDC 1939, § 45.2320.
S.D. Codified Laws § 9-41-2 — SD Code / Title 9 / Chapter 41 / Section 9-41-2
Revenue bonds authorized--Issuance--Sale--Segregated revenue or income
Status: in_force

To pay the cost of the improvement, expansion, reconstruction, and operation of telephone lines or facilities, every 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 . Bonds issued pursuant to this section may be payable solely from the revenue or income derived from the operation of the facilities that were constructed, expanded, or improved. The municipality may, in a resolution or ordinance authorizing the bonds, provide that all or any portion of the revenue or income from the facilities to be constructed, expanded, or improved, or any part thereof, shall be segregated from the other revenue or income of the facilities, and that only the segregated portion of the revenue or income shall be used for the payment of such bonds. The municipality may establish a special charge or surcharge for the services of the facilities financed by the bonds. However, the municipality shall obtain Public Utilities Commission approval before establishing a special charge or surcharge on any services which are regulated. If the bonds are payable solely from such segregated revenue or income, no election is required to authorize the issuance of the bonds, unless required by S.D. Const., Art. XIII, § 4.

Source: SL 1953, ch 275, § 1; SDC Supp 1960, § 45.24C01; SL 1982, ch 75, § 9; SL 1984, ch 43, § 82; SL 1995, ch 51.
S.D. Codified Laws § 9-9-9 — SD Code / Title 9 / Chapter 9 / Section 9-9-9
Board control of departments
Status: in_force

The board controls all departments of the municipality and may make and enforce rules and regulations for the organization, management, and operation of the departments of the municipality and any agency that may be created for the administration of the board's affairs.

Source: SL 1913, ch 119, § 18; SL 1915, ch 113, § 2; RC 1919, § 6224; SDC 1939, § 45.0805; SL 1992, ch 60, § 2; SL 2018, ch 49, § 7.
S.D. Codified Laws § 9-16-47 — SD Code / Title 9 / Chapter 16 / Section 9-16-47
Benefits and contributions exempt from assignment and process
Status: in_force

All annuities, pensions, retirement allowances, the accumulated contributions of any member, or any other benefit whatsoever accrued or accruing to any member or beneficiary shall be unassignable and shall not be subject to execution, attachment, garnishment, or any other process of law whatsoever, except as is specifically provided by this chapter.

Source: SL 1927, ch 172, § 7; SDC 1939, § 45.1211; SL 1943, ch 165, § 3; SL 1955, ch 202, § 6.
S.D. Codified Laws § 9-13-27.1 — SD Code / Title 9 / Chapter 13 / Section 9-13-27.1
Runoff election--Notice
Status: in_force

The finance officer shall have a notice of election published once during the week next preceding any runoff election. The notice shall include a list of all persons appearing on the ballot for the election. A facsimile of the official ballot need not be published for runoff elections.

Source: SL 1977, ch 68, § 6; SL 1985, ch 59, § 2; SL 2021, ch 40, § 3.
S.D. Codified Laws § 9-43-126 — SD Code / Title 9 / Chapter 43 / Section 9-43-126
Action challenging assessment to resolve all issues in one proceeding
Status: in_force

If any action or proceeding is commenced and maintained in any court to restrain the collection of any assessment levied for any municipal local improvement, to recover any such assessment previously paid, to recover the possession or title of any real property sold for such an assessment, to invalidate or cancel any deed or grant thereof for such an assessment, or to restrain or delay the payment of any such assessment, the true and just amount of the assessment due upon the property shall be ascertained and judgment shall be rendered for the assessment, making the assessment a lien upon the property and authorizing execution or process to issue for the collection of the assessment by a sale of the property. If in the opinion of the court the assessment has been rendered void or voidable by any act or omission, the court may order that a reassessment be made under the provisions of §§ 9-43-134 and 9-43-135 . The court may require the payment of the assessment as a condition for granting such relief, or declare by its judgment that the assessment is a lien upon the property, and authorize the issuing of execution or proper process for its collection by a sale of the property, to the end that the whole matter may be adjudicated in the one action or proceeding and the proper proportion or ratio of the assessment be paid by the property owner. The cost of such an action or proceeding shall be taxed as the court may direct.

Source: SL 2012, ch 57, § 54.
S.D. Codified Laws § 9-41A-8 — SD Code / Title 9 / Chapter 41A / Section 9-41A-8
Amendment of agency agreement--Ratification and filing
Status: in_force

The agency agreement may be amended as proposed at any meeting of the representatives of the members for which notice, stating the purpose, shall be given to each representative and, unless the agency agreement or bylaws require otherwise, shall become effective when ratified by resolutions of a majority of the governing bodies of the member first or second class municipalities. Each amendment and the resolutions approving it shall be filed for record with the secretary of state.

Source: SL 1978, ch 66, § 11; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-22-5 — SD Code / Title 9 / Chapter 22 / Section 9-22-5
Municipal funds kept separate and not used for personal benefit
Status: in_force

The treasurer shall keep all moneys in his hands belonging to the municipality separate and distinct from his own moneys.

He shall not use, directly or indirectly, the municipality's money or warrants in his custody for his own benefit or that of any other person.

Source: SL 1890, ch 37, art VIII, § 7; RPolC 1903, § 1253; SL 1913, ch 119, § 74; RC 1919, § 6294; SDC 1939, § 45.1126.
S.D. Codified Laws § 9-6-11 — SD Code / Title 9 / Chapter 6 / Section 9-6-11
Election to dissolve--Waiting period after rejection
Status: in_force

Where an election is held pursuant to § 9-6-10 and a majority of the votes cast are against dissolution, another election may not be held for the purpose of dissolving the municipality until five years after the date of the first election.

Source: SL 1893, ch 35, § 1; RPolC 1903, §§ 1415, 1465; RC 1919, § 6564; SDC 1939, § 45.3001; SL 2025, ch 38, § 11.
S.D. Codified Laws § 9-19-7 — SD Code / Title 9 / Chapter 19 / Section 9-19-7
Reading, signing, filing, and publishing ordinances
Status: in_force

The title of any ordinance must be read twice with at least five days intervening between the first and second reading. The ordinance must be:

(1) Signed by the mayor, mayor pro tempore, acting mayor, or president of the board of trustees;

(2) Filed with the municipal finance officer; and

(3) Published once in the official newspaper.

Source: SL 1890, ch 37, art IV, § 16; RPolC 1903, § 1213; SL 1913, ch 119, § 35; RC 1919, § 6244; SDC 1939, § 45.1003; SL 1947, ch 197; SL 1972, ch 49; SL 1982, ch 73; SL 2021, ch 38, § 2; SL 2026, ch 33, § 37.
S.D. Codified Laws § 9-40-28 — SD Code / Title 9 / Chapter 40 / Section 9-40-28
Rates to cover bond retirement and operational costs
Status: in_force

The rates to be charged for the service from such utility shall be sufficient to provide for the payment of interest upon all bonds and to create a debt service fund to pay the principal thereof as and when the same becomes due, and to provide for the operation and maintenance and repairs thereof and depreciation, and shall be revised from time to time so as to produce these amounts.

Source: SL 1931, ch 194, § 9; SDC 1939, § 45.2409; SL 1949, ch 191, § 4.
S.D. Codified Laws § 9-45-1 — SD Code / Title 9 / Chapter 45 / Section 9-45-1
Municipal power over streets, alleys, and public grounds--Types of improvements permitted
Status: in_force

Every municipality may lay out, establish, open, vacate, construct, alter, widen, extend, improve, repair, grade, gravel, surface, pave, repave, bridge, construct a viaduct upon or over, erect equipment for street lighting in and otherwise improve, and establish and change the grade of roads, streets, alleys, sidewalks, and public grounds, and to regulate the making of openings and connections therein and the erection of lights thereon as provided by this title.

Source: SL 1890, ch 37, art V, § 1, subdivs 7, 13, 45; SL 1890, ch 37, art XVI, § 18; SL 1890, ch 37, art XVII, § 1; SL 1895, ch 182, § 14; RPolC 1903, § 1229, subdivs 7, 13, 45; RPolC 1903, §§ 1303, 1306, 1441, 1442; SL 1911, ch 95, § 1; SL 1913, ch 111; SL 1913, ch 119, § 53, subdivs 7, 12, 45; SL 1913, ch 126, § 1; RC 1919, §§ 6169 (7), (9), 6356, 6357, 6364; SL 1923, ch 240; SL 1929, ch 195; SDC 1939, § 45.0201 (94); SL 2020, ch 30, § 1.
S.D. Codified Laws § 9-33-3 — SD Code / Title 9 / Chapter 33 / Section 9-33-3
Lumber and combustible materials
Status: in_force

Every municipality shall have power to regulate or prohibit the keeping of any lumberyard and the keeping or selling of any lumber or other combustible material within the fire limits.

Source: SL 1890, ch 37, art V, § 1, subdiv 74; RPolC 1903, § 1229, subdiv 75; SL 1913, ch 119, § 53, subdiv 73; RC 1919, § 6169 (24); SDC 1939, § 45.0201 (53).
S.D. Codified Laws § 9-41A-33 — SD Code / Title 9 / Chapter 41A / Section 9-41A-33
Franchises and leases of facilities
Status: in_force

A municipal power agency may grant the use by franchise, lease, or otherwise, and make charges for the use of any property or facility owned or controlled by it.

Source: SL 1978, ch 66, § 22.
S.D. Codified Laws § 9-21-9.2 — SD Code / Title 9 / Chapter 21 / Section 9-21-9.2
Restoration of funds on reimbursement from other subdivisions, departments, or insurance
Status: in_force

If the governing board of any municipality authorizes lawful expenditures from any specific fund for the use or benefit of another municipal department or political subdivision or expenditures to be reimbursed by insurance claims, the reimbursement for such expenditures shall be restored to the fund from which originally withdrawn and the deposit of the same shall restore the budget of such fund in the amount of the reimbursement.

Source: SL 1975, ch 87; SL 1976, ch 81.
S.D. Codified Laws § 9-38-86 — SD Code / Title 9 / Chapter 38 / Section 9-38-86
Regulations for proceedings of recreation board--Contracts on behalf of city
Status: in_force

Subject to the approval of the governing body, the board shall make bylaws, rules, and regulations for the orderly transaction and conduct of its business. Subject to the approval of the governing body the board may make and enforce contracts in the name of the city to carry out the purposes of §§ 9-38-80 to 9-38-106 , inclusive, and chapter 42-2 .

Source: SL 1949, ch 202, § 5; SDC Supp 1960, § 45.3205; SL 1992, ch 60, § 2; SL 1995, ch 49, § 14.
S.D. Codified Laws § 9-19-19 — SD Code / Title 9 / Chapter 19 / Section 9-19-19
Ordinances and resolutions presumed valid unless controverted
Status: in_force

In any action or proceeding instituted by an acting municipality it shall not be required to show compliance with the provisions of this title as to the passage or publication of any ordinance or resolution unless the same be controverted under oath.

Source: PolC 1877, ch 24, § 53; CL 1887, § 1078; RPolC 1903, § 1467; RC 1919, § 6159; SDC 1939, § 45.0111.
S.D. Codified Laws § 9-1-1.1 — SD Code / Title 9 / Chapter 1 / Section 9-1-1.1
Service to affected person equivalent to required publication
Status: in_force

If notice is required to be published, proof of service to the person affected, pursuant to § 15-6-4, whether the personal service occurs within or without the state, is equivalent to the required publication.

Source: SL 2024, ch 28, § 9.
S.D. Codified Laws § 9-14-16.1 — SD Code / Title 9 / Chapter 14 / Section 9-14-16.1
Elected officials not to hold other office--Exceptions
Status: in_force

The provisions of § 9-14-16 do not prohibit any elected officer from serving in any other volunteer, unsalaried municipal position or providing any service for a municipality if the compensation for the service does not exceed ten thousand dollars per calendar year. The provisions of § 9-14-16 do not prohibit any elected officer from receiving compensation in excess of ten thousand dollars per calendar year for service to a municipal ambulance service in municipalities of the second or third class.

Source: SL 1999, ch 40, § 1; SL 2005, ch 50, § 1; SL 2010, ch 42, § 1; SL 2026, ch 33, § 15.
S.D. Codified Laws § 9-35-15 — SD Code / Title 9 / Chapter 35 / Section 9-35-15
Air pollution abatement in operation of municipal bus service
Status: in_force

Municipalities providing bus or transit service under the provisions of §§ 9-35-12 to 9-35-14 , inclusive, shall take all reasonable measures to abate and prevent air pollution caused by the operation of such bus or transit service.

Source: SL 1970, ch 65, § 4.
S.D. Codified Laws § 9-9-20 — SD Code / Title 9 / Chapter 9 / Section 9-9-20
Board of five commissioners--Authority of mayor--Temporary absence or vacancy of commissioner
Status: in_force

If any municipality is governed by a board consisting of five commissioners, the mayor may exercise all the powers and perform all the duties provided by the laws of this state or the ordinances of the municipality not in conflict with the laws of the state. The mayor is the chief executive officer of the municipality, presides at all meetings of the board, and has general supervision over all departments and officers. In the temporary absence or temporary incapacitation of a commissioner, the mayor shall temporarily take charge of the department of that commissioner. The mayor shall enforce all the laws of the municipality and require that the conditions of the grant of any franchise or privilege are faithfully complied with and performed. The mayor shall grant all licenses or permits, except as are required by ordinance to be granted by the board or by some other department or officer. The mayor shall supervise each public building of the municipality and each city park except in any municipality that has a park board, and the lighting of the streets, alleys, and public buildings of the municipality. The mayor shall annually and from time to time give the board information relative to the affairs of the municipality and shall recommend for the board's consideration any measure the mayor deems prudent.

Source: SL 1913, ch 119, § 19; SL 1915, ch 113, § 3; RC 1919, § 6225; SDC 1939, § 45.0806 (1); SL 1992, ch 60, § 2; SL 2018, ch 49, § 19; SL 2025, ch 38, § 36.
S.D. Codified Laws § 9-6-10 — SD Code / Title 9 / Chapter 6 / Section 9-6-10
Election to dissolve--Petition
Status: in_force

If the governing body of a municipality with a population of less than one thousand at the time of filing is presented with a petition for dissolution signed by fifteen percent of the registered voters of the municipality, based upon the total number of registered voters at the last preceding general election, the governing body must call a special election to determine whether the municipality must be dissolved, by giving fifty days' published notice.

A signature on the petition is not valid if signed more than six months prior to the filing of the petition. If any petition is presented on or after January first prior to the regular municipal election and within sufficient time to comply with the provisions of chapter 9-13 , the question of dissolution must be submitted at that election.

Source: SL 1893, ch 35, § 1; RPolC 1903, §§ 1415, 1465; RC 1919, § 6564; SDC 1939, § 45.3001; SL 1983, ch 52, § 2; SL 1983, ch 53, § 3; SL 1987, ch 67, § 14; SL 2025, ch 38, § 10; SL 2026, ch 32, § 6.
S.D. Codified Laws § 9-47-2 — SD Code / Title 9 / Chapter 47 / Section 9-47-2
Real property in adjoining states
Status: in_force

Every municipality shall have power to purchase, lease, own, and hold real property and easements therein in an adjoining state for waterworks purposes.

Source: SL 1917, ch 317; RC 1919, § 6169 (77); SDC 1939, § 45.0201 (82).
S.D. Codified Laws § 9-51-18 — SD Code / Title 9 / Chapter 51 / Section 9-51-18
Bondholders have no right to compel tax levy or appropriation
Status: in_force

No purchaser or holder of any bond issued under § 9-51-13 shall ever have any right to compel the exercise of any taxing powers of the municipality or the appropriation of any of its funds or moneys save and except as set forth in the ordinance of the municipality authorizing the issuance of such bonds and as provided in §§ 9-51-13 to 9-51-21 , inclusive.

Source: SL 1955, ch 216, § 5; SDC Supp 1960, § 45.02A05.
S.D. Codified Laws § 9-13-13 — SD Code / Title 9 / Chapter 13 / Section 9-13-13
Notice of municipal election--Publication or posting
Status: in_force

A notice of each municipal election shall be published once each week for two successive weeks, the first publication may not be less than ten days prior to the election. A facsimile of the official ballot shall be published in the calendar week prior to each election. The notice and ballot shall be published in the official newspaper or newspapers of the municipality as designated in § 9-12-6 .

If no newspaper is published in the municipality, the notice shall also be posted in three of the most public places in the municipality.

Source: SDC 1939, § 45.1302; SL 1945, ch 201; SL 1977, ch 68, § 3; SL 1985, ch 59, § 1; SL 2002, ch 45, § 2; SL 2003, ch 43, § 1.
S.D. Codified Laws § 9-18-2 — SD Code / Title 9 / Chapter 18 / Section 9-18-2
Records of official acts and proceedings--Open to public generally
Status: in_force

Except as otherwise provided by law, records of the official acts and proceedings of municipal officers are subject to disclosure as provided in chapter 1-27 .

Source: SL 1890, ch 37, art III, § 9; SL 1890, ch 37, art VII, § 3; RPolC 1903, § 1190; SL 1913, ch 119, § 26; RC 1919, § 6282; SDC 1939, § 45.1115; SL 2026, ch 33, § 31.
S.D. Codified Laws § 9-38-6 — SD Code / Title 9 / Chapter 38 / Section 9-38-6
Athletic facilities in parks--Fee for use--Special park fund
Status: in_force

A municipality may establish, maintain, and operate golf courses, tennis courts, ball grounds, and other athletic amusements, and necessary facilities in connection therewith, as a part of its park system, and charge fees for the use thereof. All fees received under this section and any other money received for use of the board including tax revenues which may be appropriated for park purposes, shall be kept in a special park fund and shall be paid upon requisition by the president and secretary of the board and warrant drawn and executed as other warrants.

Source: SL 1941, ch 206; SDC Supp 1960, § 45.0201-1 (4); SL 1978, ch 62, § 11; SL 1979, ch 58.
S.D. Codified Laws § 9-3-18.1 — SD Code / Title 9 / Chapter 3 / Section 9-3-18.1
Elected official--Term of office
Status: in_force

Each official elected at the first election shall hold office until the first Monday of the next following May or until a successor is elected and qualified.

Source: SL 2024, ch 28, § 31.
S.D. Codified Laws § 9-17-6 — SD Code / Title 9 / Chapter 17 / Section 9-17-6
South Dakota Firefighters' Association, Incorporated continued
Status: in_force

The furnishing of fire protection is a governmental function and the South Dakota Firefighters Association, Incorporated, composed of the members of the municipal fire departments, is hereby continued as a public state institution of this state.

Source: SL 1919, ch 206, § 1; SDC 1939, § 20.0101; SL 1975, ch 86, § 1; SL 2006, ch 31, § 1.
S.D. Codified Laws § 9-43-132 — SD Code / Title 9 / Chapter 43 / Section 9-43-132
Apportionment of costs according to benefits accruing to lots
Status: in_force

The total cost, or any portion of the cost that is assessable against all the real property within any district or area benefited by the local improvement, may be apportioned according to the benefits to accrue to each lot or tract, as determined by the governing body. In determining benefits to a district or area, the governing body shall determine the amount in which each lot or tract located within the district or area will be benefited by the construction of the improvement, and shall assess against each lot or tract that amount, not exceeding its special benefit, as is necessary to pay its just portion of the total cost of the work to be assessed.

Source: SL 2012, ch 57, § 60.
S.D. Codified Laws § 9-12-12 — SD Code / Title 9 / Chapter 12 / Section 9-12-12
Employment of welfare workers
Status: in_force

In addition to other powers granted, every municipality of the first class shall have power to employ one or more persons to act as welfare workers in the distribution of funds derived from any source to needy poor.

Source: SL 1933, ch 154; SDC 1939, § 45.0203 (1).
S.D. Codified Laws § 9-39-16 — SD Code / Title 9 / Chapter 39 / Section 9-39-16
Rules for utility board proceedings--Monthly meetings
Status: in_force

The municipal utility board shall adopt rules for its own proceedings which shall provide among other things for at least one regular meeting by such board each month.

Source: SL 1955, ch 221, § 3; SDC Supp 1960, § 45.3903 (2).
S.D. Codified Laws § 9-29-12 — SD Code / Title 9 / Chapter 29 / Section 9-29-12
Animals running at large--Pounds--Dog licenses
Status: in_force

Every municipality shall have power to regulate or prohibit the running at large of dogs, animals, and poultry, to establish pounds, appoint poundmasters, and regulate the impounding of animals, and to impose a tax or license on dogs running at large.

Source: SL 1890, ch 37, art V, § 1, subdiv 65; RPolC 1903, § 1229, subdiv 65; RPolC 1903, § 1438, subdiv 5, 17; SL 1907, ch 86; SL 1913, ch 119, § 53, subdiv 65; SL 1913, ch 120; RC 1919, § 6169 (37), (38); SDC 1939, § 45.0201 (47).
S.D. Codified Laws § 9-33-12 — SD Code / Title 9 / Chapter 33 / Section 9-33-12
Purchase and repair of fire-fighting equipment and facilities
Status: in_force

A municipality may purchase and repair fire - fighting equipment, apparatus, buildings, and sites.

Source: SDC 1939, § 45.0201 (9) as added by SL 1967, ch 217; SL 1975, ch 89, § 1; SL 1978, ch 62, § 9; SL 1978, ch 64.
S.D. Codified Laws § 9-47-27 — SD Code / Title 9 / Chapter 47 / Section 9-47-27
Certain matters negotiable for contract between parties
Status: in_force

The provisions of §§ 9-47-22 to 9-47-26 , inclusive, do not prevent a municipality and a rural water system from contracting with each other relative to the transfer of customers, disposition, and sale of facilities and related matters on such terms and conditions as they may determine.

Source: SL 1989, ch 387, § 6.
S.D. Codified Laws § 9-51-27 — SD Code / Title 9 / Chapter 51 / Section 9-51-27
Spread of tax against taxable property within municipality--Certification to auditor of more than one county
Status: in_force

Upon transmittal to the county auditor of the certified copy pursuant to § 9-51-26 , the county auditor shall spread the tax levied in said ordinance upon all of the taxable property within the municipality at the same time that the other general taxes are spread upon the tax records in his office, and he shall continue so to do from year to year except as hereinafter provided until the provisions of the tax levy in said ordinance are complied with. When any municipality issuing bonds is located within more than one county a copy of the tax levy ordinance shall be certified to the auditor of each such county, who shall spread each annual levy upon all of the taxable property in the municipality and in his county, in such proportion as the assessed valuation of such property bears to the total assessed valuation of taxable property within the municipality.

Source: SL 1955, ch 216, § 6; SDC Supp 1960, § 45.02A06 (3).
S.D. Codified Laws § 9-9-1 — SD Code / Title 9 / Chapter 9 / Section 9-9-1
Composition of board of commissioners
Status: in_force

Under the commission form, where a city manager is not employed, the board of commissioners shall consist of the mayor and two or four commissioners elected at large.

Source: SL 1913, ch 119, § 10; RC 1919, § 6219; SDC 1939, § 45.0801.
S.D. Codified Laws § 9-21-20 — SD Code / Title 9 / Chapter 21 / Section 9-21-20
Certification of annual tax levy to county auditor
Status: in_force

Immediately upon the passage and publication of the annual appropriation ordinance the auditor or clerk shall certify the tax levies therein made to the county auditor in the county in which the first or second class municipality is situated in the following form:

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

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

Source: SL 1913, ch 119, § 115; RC 1919, § 6334; SL 1921, ch 295, § 1; SDC 1939, § 45.1402; SL 1953, ch 257; SDC Supp 1960, § 45.1402 (5); SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-29-17 — SD Code / Title 9 / Chapter 29 / Section 9-29-17
Mayor's power to summon aid in preserving order
Status: in_force

The mayor of every first or second class municipality shall have the power, when necessary, to call upon every inhabitant of the municipality over the age of eighteen years to aid in enforcing the laws and ordinances, and to call out any organized militia within the county in which the municipality is situated, in suppressing riots and other disorderly conduct, or carrying into effect any law or ordinance, subject to the authority of the Governor as commander in chief thereof.

Source: SL 1890, ch 37, art III, § 11; RPolC 1903, § 1192; SL 1913, ch 119, § 27; RC 1919, § 6280; SDC 1939, § 45.1113; SL 1981, ch 44, § 33; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-13-16.1 — SD Code / Title 9 / Chapter 13 / Section 9-13-16.1
Precinct election boards
Status: in_force

Each voting precinct shall be presided over by an election board consisting of a minimum of two precinct deputies and one precinct superintendent appointed by the governing body. Any vacancy on the election board that arises between the time of appointment and the day of the election may be appointed by the person in charge of the election. Each precinct superintendent and precinct deputy shall receive compensation which shall be fixed by the governing body.

Source: SL 1985, ch 111, § 2; SL 1999, ch 69, § 1; SL 2015, ch 59, § 1.
S.D. Codified Laws § 9-54-4 — SD Code / Title 9 / Chapter 54 / Section 9-54-4
Costs to be covered by bonds--Authorization, issuance and sale of bonds
Status: in_force

Bonds may be issued in amounts as may be necessary to provide sufficient funds to pay all the costs of purchase or construction of each project which under accepted accounting practice are capital costs, including goodwill and other intangible costs, as well as site, engineering, and all other expenses of its planning and completion , together with additional amounts as may be agreed to by the lessee, purchaser, or borrower with respect to the project and the purchasers of the bonds as a discount or underwriters' fee, and to pay interest accruing before completion of the project, to establish a reserve securing payment of the bonds, and, with respect to hospitals, nursing homes, other health care facilities, housing for the elderly, housing for the handicapped or wellness centers, comprising a project, the cost of paying, purchasing or discharging any outstanding indebtedness or other cost as authorized in § 9-54-2.1 . Bonds issued under the provisions of this chapter shall be authorized, issued and sold in accordance with chapter 6-8B , except that no election is required.

Source: SL 1964, ch 148, § 4; SL 1973, ch 59, § 4; SL 1981, ch 77, § 6; SL 1984, ch 43, § 98C; SL 1991, ch 75, § 2; SL 1998, ch 47, § 1.
S.D. Codified Laws § 9-32-20 — SD Code / Title 9 / Chapter 32 / Section 9-32-20
Use of perpetual care fund for land acquisition
Status: in_force

If the municipality finds it necessary to extend the boundaries of such cemetery, or acquire land removed from the present cemetery, a portion of the perpetual care trust fund may be used under the following conditions: If the trust fund is in the amount of fifty thousand dollars or more, and the governing board deems it necessary to acquire more land for the interment of the deceased, one thousand dollars for each three thousand dollars in excess of fifty thousand dollars may be expended for this purpose. The expenditure of perpetual care trust funds as outlined above shall be a one time expenditure only.

Source: SL 1971, ch 71, § 8.
S.D. Codified Laws § 9-16-3.3 — SD Code / Title 9 / Chapter 16 / Section 9-16-3.3
Pension allowed firefighters for impairment caused by cancer
Status: in_force

A pension may be allowed pursuant to § 9-16-3.2 for any condition of impairment of health caused by cancer resulting in total or partial disability to an officer or member of a fire department who, upon entering such service, successfully passed a physical examination which failed to reveal any evidence of such condition. This section pertains solely to pension matters under this chapter and does not restrict a claimant's ability to file for benefits under chapter 62-8 or change the burden of proof established in § 62-8-12 .

Source: SL 1991, ch 70.
S.D. Codified Laws § 9-20-13 — SD Code / Title 9 / Chapter 20 / Section 9-20-13
Ballots used in referendum election--Form and contents
Status: in_force

The auditor or clerk shall have ballots printed for the vote upon such referred ordinance or resolution and cause the same to be distributed as other official ballots are distributed.

Such ballots shall conform as near as may be to the law governing the submission of questions by the Legislature, except that the statement required to be printed on the ballots shall be prepared by the city attorney, or if there be no city attorney, by an attorney at law employed by the governing body for that purpose.

All questions to be voted upon at the same election may be submitted upon the same ballot.

Source: SL 1899, ch 94, § 6; RPolC 1903, § 1219; SL 1913, ch 119, § 43; RC 1919, § 6258; SDC 1939, § 45.1015.
S.D. Codified Laws § 9-16-5.11 — SD Code / Title 9 / Chapter 16 / Section 9-16-5.11
Time for compliance--Remedy for noncompliance
Status: in_force

Each retirement system subject to the provisions of this chapter shall be in compliance with § 9-16-3.1 and §§ 9-16-5.1 to 9-16-5.8 , inclusive, no later than June 12, 1987. At any time thereafter, if the members of the Retirement Laws Committee determine that any such system is not in compliance with § 9-16-5.1 , the Retirement Laws Committee shall so certify in writing to the state treasurer. Upon receipt of the certification, the state treasurer shall pay into that municipality's system funds which are due from the state treasury to the municipality until the system complies with § 9-16-5.1 .

Source: SL 1984, ch 56, § 16.
S.D. Codified Laws § 9-39-8 — SD Code / Title 9 / Chapter 39 / Section 9-39-8
Form of question on placement of utility under utility board
Status: in_force

The question to be submitted and voted upon at such special election shall be: "Shall the municipality of ____ (naming the municipality) place the management and control of its ____ (naming the utility) in the hands of a municipal utility board composed of ____ (either three or five) members?"

Source: SL 1955, ch 221, § 2; SDC Supp 1960, § 45.3902.
S.D. Codified Laws § 9-25-16 — SD Code / Title 9 / Chapter 25 / Section 9-25-16
Cash receipts applied to payment of notes until retired
Status: in_force

If a note authorized by § 9-25-12 has been issued and not paid in full within the term provided in § 9-25-12 , then thereafter no cash receipts may be expended for any purpose except the retirement of principal and interest of notes outstanding against that fund, until all such notes are retired.

Source: SL 1978, ch 63, § 5; SL 1983, ch 62, § 2; SL 1991, ch 73, § 3.
S.D. Codified Laws § 9-12-19 — SD Code / Title 9 / Chapter 12 / Section 9-12-19
Inspection fee for government-owned property
Status: in_force

The governing body of a municipality governed by a home rule charter may not impose any permit or inspection fee, beyond the actual cost of the inspection, on any property which is owned by a unit of government unless a higher fee is established through a joint powers agreement entered into pursuant to chapter 1-24 .

Source: SL 1995, ch 43.
S.D. Codified Laws § 9-35-10 — SD Code / Title 9 / Chapter 35 / Section 9-35-10
Steam, heat, and refrigeration systems--Bond issues
Status: in_force

Every first or second class municipality shall have power to establish, maintain, and operate, and to regulate the construction or operation of conduits of railroads, or other means of transit or transportation, and of plants and equipment for the production or transmission of steam, heat, or refrigeration, and to issue bonds for such purposes.

Source: SL 1913, ch 119, § 53, subdiv 14; RC 1919, § 6170 (1); SDC 1939, § 45.0202 (11); SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-41A-54 — SD Code / Title 9 / Chapter 41A / Section 9-41A-54
Establishment of rates, charges and reserves
Status: in_force

A municipal power agency may make and enforce bylaws or rules which it deems necessary or desirable, and may establish, levy, and collect or may authorize, by contract, franchise, lease, or otherwise, the establishment, levying, and collection of, rents, rates, and other charges for the services afforded by the municipal power agency or by or in connection with any project or properties which it may construct, erect, acquire, own, operate, or control, or with respect to which it may have any interest or any right to capacity thereof, and for the sale of electric energy or of generation or transmission capacity or service as it may deem necessary, proper, desirable, and reasonable. Rents, rates, and other charges shall be sufficient to meet the expenses thereof, including reasonable reserves, interest, and principal payments, including payments into one or more debt service funds for the retirement of principal.

Source: SL 1978, ch 66, § 47.
S.D. Codified Laws § 9-32-22 — SD Code / Title 9 / Chapter 32 / Section 9-32-22
Severability of cemetery provisions
Status: in_force

If a part of §§ 9-32-14 to 9-32-21 , inclusive, is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of said sections is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.

Source: SL 1971, ch 71, § 9.
S.D. Codified Laws § 9-21-8 — SD Code / Title 9 / Chapter 21 / Section 9-21-8
Additional appropriations prohibited--Bond authorization as appropriation
Status: in_force

No further appropriations shall be made at any other time for such fiscal year, except as provided in §§ 9-21-2 and 9-21-7 . Whenever the governing body is authorized by the voters to issue bonds for a specific purpose, it shall be deemed an appropriation to the extent of the bonds authorized.

Source: SL 1890, ch 37, art XV, § 2; RPolC 1903, § 1296; SL 1913, ch 119, § 115; RC 1919, § 6334; SL 1921, ch 295, § 1; SDC 1939, § 45.1402; SL 1953, ch 257; SDC Supp 1960, § 45.1402 (4).
S.D. Codified Laws § 9-41-1 — SD Code / Title 9 / Chapter 41 / Section 9-41-1
Power of municipality to establish and operate telephone system--Connection and joint operation with rural telephone system
Status: in_force

Every first or second class municipality by itself or in conjunction with others within or without such municipality, subject to the supervision of the Public Utilities Commission as otherwise provided by law, may establish, maintain, operate, and regulate a telephone system and related services for its customers, and such power shall include, without being limited by this section, the power to contract with the owners of rural telephone lines serving the surrounding area and, under such contracts, the municipality may build and maintain telephone lines or cable to connect with the rural lines at the boundaries of the municipality and the municipality may perform the switching service for such rural telephone lines, or permit the owner of such rural lines to do the switching in the central office of the municipality on a lease basis, and, in general, facilitate telephone service between the municipality and the country, and, if such rural lines are financed in whole or in part by the United States government or an agency thereof, such contract or lease between the municipality and the owner of the rural lines may be for the duration of the loan made by the government or its agency.

Source: SL 1907, ch 88; RC 1919, § 6170 (7); SDC 1939, § 45.0202 (12); SL 1955, ch 198; SL 1984, ch 60; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-38-64 — SD Code / Title 9 / Chapter 38 / Section 9-38-64
Revenue from which swimming pool bonds payable--Lien on revenues--Municipal credit and taxing powers not pledged
Status: in_force

Such revenue bonds shall be payable solely from and shall constitute a lien upon the gross revenues derived from and traceable to properties acquired by the expenditure of the proceeds of revenue bonds, or of bonds refunded thereby, as fixed and determined by the governing body in accordance with the provisions of §§ 9-38-61 to 9-38-75 , inclusive. The credit and taxing powers of the municipality shall not be pledged for the payment of revenue bonds issued hereunder and the bondholders shall have no right to compel the appropriation of any of the municipality's other funds, money, or property for the payment of the principal thereof or interest thereon.

Source: SL 1957, ch 258, § 1; SDC Supp 1960, § 45.24D01.
S.D. Codified Laws § 9-39-2 — SD Code / Title 9 / Chapter 39 / Section 9-39-2
Agreement with state or other governmental units for cooperative exercise of statutory powers and duties
Status: in_force

Any municipal corporation which had a municipal electrical plant, or electrical distribution system or electrical generating plant, or a combination thereof, in existence, or authorized, on July 1, 1961, may, by action of the governing body thereof, enter into an agreement with any such other governmental unit or units or with the state or any department or agency thereof, for the joint or cooperative exercise of any power or duty required or authorized by statute, and as a part of such agreement may provide a plan for prorating any expenditures involved.

Source: SL 1961, ch 254, § 1.
S.D. Codified Laws § 9-35-27 — SD Code / Title 9 / Chapter 35 / Section 9-35-27
Grant of additional franchises to other cable operators--Terms
Status: in_force

A franchising authority may grant one or more additional franchises to other cable operators under terms that are not substantially more favorable than that which the cable operator designated by § 9-35-26 is required to meet. The terms that may not be substantially more favorable are with regard to right-of-way access; public, educational, or governmental access facilities requirements; and franchise fees.

Source: SL 2005, ch 53, § 3.
S.D. Codified Laws § 9-13-16 — SD Code / Title 9 / Chapter 13 / Section 9-13-16
Election precincts--Ward division and consolidation into precincts--Application to state and county elections
Status: in_force

Except as otherwise provided, each ward constitutes an election precinct. If the number of voters in any ward is greater than five hundred, the governing body may, by ordinance, divide the ward into two or more precincts.

If the number of voters in any two or more contiguous wards does not exceed three hundred fifty, as determined by the last regular election, the governing body may, by ordinance, consolidate the wards into one precinct for voting purposes. An ordinance adopted pursuant to this section must be adopted and take effect before the time of giving notice of election.

Except as provided in §§ 12-14-1 to 12-14-4 , inclusive, the precincts established pursuant to this section must be the election precincts for all state and county elections.

Source: SL 1890, ch 37, art XIV, § 2; RPolC 1903, § 1285; SL 1915, ch 115, § 2; RC 1919, § 6325; SL 1919, ch 186, § 1; SL 1923, ch 180; SL 1933, ch 103, § 3; SL 1935, ch 110, § 3; SDC 1939, § 45.1319; SL 1941, ch 198; SL 1945, ch 202; SL 2026, ch 32, § 23.
S.D. Codified Laws § 9-32-18 — SD Code / Title 9 / Chapter 32 / Section 9-32-18
Perpetual care trust fund--Crediting of income
Status: in_force

Payments for perpetual care shall be permanently set aside in a trust fund, and only the income from the trust fund investments shall be used for the care and maintenance of the cemetery. Income from perpetual care investments shall be credited to the cemetery maintenance account as maintained within the municipal general fund. Income received from the sale of burial spaces shall be credited to the cemetery maintenance account.

Source: SL 1971, ch 71, § 3.
S.D. Codified Laws § 9-53-12 — SD Code / Title 9 / Chapter 53 / Section 9-53-12
Authority to proceed with improvement and assessments after adoption of resolution
Status: in_force

After twenty days from the adoption and publication of such resolution of necessity, unless the referendum be invoked or unless a written protest shall have been filed with the auditor or clerk signed by the owners of more than fifty - five percent of the total tax - assessed valuation of the property subject to assessment, the governing body shall have the power to acquire property by lease, gift, or purchase, to cause such improvement to be made, to contract therefor, and to levy and collect special assessments therefor as provided by chapter 9-43 .

Source: SL 1967, ch 230, § 9.
S.D. Codified Laws § 9-5-7 — SD Code / Title 9 / Chapter 5 / Section 9-5-7
Resolution declaring approval by municipality to be annexed--Filing with annexing municipality--Submission to voters of annexing municipality--Date of election
Status: in_force

If a majority of the votes cast in the election held in the municipality to be annexed are in favor of annexation, the governing body of the municipality must adopt a resolution to publish the result of the election. Within ten days after the election, the financial officer of the municipality to be annexed shall file a certified copy of the whole proceedings for the annexation with the financial officer of the municipality to which the annexation is to be made.

Upon the filing of the certified copy, the governing body of the municipality to which annexation is to be made shall, by resolution, submit the question of annexation to the voters of the municipality at a special election called for that purpose. The resolution must fix the date of the election to be within sixty days after the filing of the certified copy of the proceedings, as provided in this section. If the certified copy of the proceedings is filed within the ninety days prior to a regular municipal election and within sufficient time to comply with the provisions of chapter 9-13 , the question must be submitted at that election.

Source: SL 1955, ch 214, § 1; SDC Supp 1960, § 45.29A01; SL 1983, ch 53, § 2; SL 2026, ch 32, § 5.
S.D. Codified Laws § 9-43-105 — SD Code / Title 9 / Chapter 43 / Section 9-43-105
Delivery of assessment roll to county auditor under Plan One
Status: in_force

Under Plan One, the assessment roll shall be delivered to the county auditor not later than November first next following the date of approval or at the expiration of the thirty-day period for prepayment without interest, whichever is later. Before delivering the assessment roll to the county auditor, the municipal finance officer shall cancel in inverse order of their due dates all installments of any assessment previously paid. After delivery of the assessment role to the county auditor, the municipal finance officer shall promptly notify the county auditor of all installments of assessments paid to the finance officer, and the auditor shall cancel the installments in inverse order of their due dates upon the assessment roll.

Source: SL 2012, ch 57, § 33.
S.D. Codified Laws § 9-23-13 — SD Code / Title 9 / Chapter 23 / Section 9-23-13
Resolution for annual payment of interest on register of warrants
Status: in_force

The governing body may determine by resolution that interest shall be paid annually on all outstanding registered warrants of such municipality.

Source: SL 1933, ch 160, § 1; SDC 1939, § 45.1419.
S.D. Codified Laws § 9-36-6 — SD Code / Title 9 / Chapter 36 / Section 9-36-6
Filing of objections to proposed stream boundaries
Status: in_force

Any person owning or interested in any property affected by said proposed boundary lines desiring to object thereto, by himself or his agent or attorney, may file with the auditor or clerk a written statement of his objections thereto on or before the date of the hearing announced pursuant to § 9-36-4 .

Source: SL 1931, ch 189, § 4; SDC 1939, § 45.2003.
S.D. Codified Laws § 9-41A-9 — SD Code / Title 9 / Chapter 41A / Section 9-41A-9
Initial meeting of directors
Status: in_force

After commencement of existence, the first meeting of the board of directors shall be held at the call of the directors, after notice, for the purpose of adopting the initial bylaws, electing officers, and for any other business that comes before the meeting.

Source: SL 1978, ch 66, § 5.
S.D. Codified Laws § 9-35-17 — SD Code / Title 9 / Chapter 35 / Section 9-35-17
Need for local regulation of CATV systems
Status: in_force

CATV systems are hereby declared to be a business affected with such a public interest that they must be regulated locally.

Source: SL 1972, ch 52, § 2.
S.D. Codified Laws § 9-9-12 — SD Code / Title 9 / Chapter 9 / Section 9-9-12
Special meetings of commissioners
Status: in_force

A special meeting may be called by the mayor or by any two commissioners at any time to only consider the matter mentioned in the call for the meeting. A notice of a special meeting shall be given pursuant to § 1-25-1.1 and shall be provided to each commissioner.

Source: SL 1913, ch 119, § 31; RC 1919, § 6229; SDC 1939, § 45.0810; SL 1992, ch 60, § 2; SL 2018, ch 49, § 10.
S.D. Codified Laws § 9-51-3 — SD Code / Title 9 / Chapter 51 / Section 9-51-3
Parking meter revenues released on determination to issue bonds
Status: in_force

Any election previously held in any municipality under the provisions of § 9-51-2 may be disregarded upon the determination of any municipality to issue bonds under the provisions of §§ 9-51-9 to 9-51-34 , inclusive.

Source: SL 1955, ch 216, § 11; SDC Supp 1960, § 45.02A11.
S.D. Codified Laws § 9-54-6 — SD Code / Title 9 / Chapter 54 / Section 9-54-6
Bonds not general obligations nor payable by taxation--Recitals in bonds
Status: in_force

Revenue bonds issued pursuant to this chapter shall not be general obligations of the municipality nor shall they be payable in any manner by taxation. Such revenue bonds shall recite the authority under which they are issued, and shall state that they are issued in conformity with the provisions, restrictions, and limitations of this chapter, and that such bonds and the interest thereon are to be paid from the revenue received from the project financed, in whole or in part, by the issuance of the revenue bonds.

Source: SL 1964, ch 148, § 8; SL 1973, ch 59, § 6; SL 1984, ch 43, § 98E.
S.D. Codified Laws § 9-51-8 — SD Code / Title 9 / Chapter 51 / Section 9-51-8
Annual appropriations for parking lot operated under contract--Prior application of parking meter revenues
Status: in_force

If the term of such contract as described in § 9-51-6 shall extend for more than one year an appropriation need not have been previously made concerning such expense except sufficient to cover the amount payable or estimated to become payable under such contract for the first year thereof, and the governing body shall annually thereafter appropriate sufficient money to cover the amount payable or estimated to become payable under such contract during the ensuing fiscal year, provided, however, that at least fifty percent of the revenues derived each year from parking meters as defined by § 9-51-2 , shall be first applied in payment of all sums payable in any one year under such contract or contracts.

Source: SL 1953, ch 273; SDC Supp 1960, § 45.0201-1 (14).
S.D. Codified Laws § 9-38-90 — SD Code / Title 9 / Chapter 38 / Section 9-38-90
Legal assistance to recreation board
Status: in_force

The city attorney as a part of his duties shall conduct all court proceedings under §§ 9-38-80 to 9-38-106 , inclusive, and shall be the legal adviser of the recreation board. When in its judgment the interests of the first or second class municipality demand, the recreation board may employ special counsel to assist the city attorney.

Source: SL 1949, ch 202, § 14; SDC Supp 1960, § 45.3214; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-13-16.2 — SD Code / Title 9 / Chapter 13 / Section 9-13-16.2
Post-redistricting--Governing body terms, representation
Status: in_force

Notwithstanding the redistricting provided in § 9-13-16 , the term of office of any member of the governing body whose term of office extends beyond the next regular municipal election is not affected. The governing body shall, by ordinance, designate the district the member is to represent. A member designated pursuant to this section is not required to be a resident of the district the member is designated to represent.

Each ward for which representation is not provided pursuant to this section must, at the next ensuing annual election, elect a council member, whose term of office is determined as provided in § 9-8-4 .

Source: SL 2012, ch 55, § 1; SL 2026, ch 32, § 24.
S.D. Codified Laws § 9-1-5 — SD Code / Title 9 / Chapter 1 / Section 9-1-5
Governing body authorizes contracts--Execution--Delegation of authority
Status: in_force

No contract of a municipality is valid unless the contract has been authorized by a vote of the governing body at an official meeting.

Each written contract must be executed in the name of the municipality by the mayor or president of the board of trustees, be countersigned by the finance officer, and have the corporate seal attached. However, the governing body of a municipality may, by ordinance or resolution, delegate to any employee of the municipality the authority to enter into a contract on behalf of the municipality and to execute the contract and any other instrument necessary or convenient for the performance of the contract subject to the limitations delegated by the governing body.

Source: RPolC 1903, § 1332; SL 1909, ch 110, § 8; SL 1913, ch 119, § 67; RC 1919, § 6347; SL 1921, ch 297; SL 1925, ch 235; SDC 1939, § 45.0107; SL 2006, ch 34, § 1; SL 2024, ch 28, § 12.
S.D. Codified Laws § 9-55-13 — SD Code / Title 9 / Chapter 55 / Section 9-55-13
Special assessment against real property located in district--Procedure
Status: in_force

A municipality may levy a special assessment against the real property located in a district, to the extent of the special benefit on such property, for the purpose of paying all or any part of the total costs and expenses of any project authorized by this chapter, within the district. The amount of each special assessment shall be determined by the governing body. Assessments shall be levied in accordance with the method of assessment proposed in the ordinance creating the district. If the governing body finds that the proposed method of assessment does not provide a fair and equitable method of apportioning costs, then the governing body may assess the costs under a method the governing body finds to be fair and equitable. Notice of a hearing on any special assessments to be levied under this chapter shall be given to the landowners in the district by publication of the description of the land, the amount proposed to be assessed, and the general purpose for which the assessment is to be made, once a week for two weeks in a daily or weekly newspaper of general circulation published in the municipality. The notice shall be published at least thirty days prior to the hearing and shall provide the date, time, and place of the hearing to hear any objections or protests by landowners in the district as to the amount of assessment made against their property. All special assessments levied under this chapter constitute liens on the property and shall be certified for collection and collected in such manner as the governing body determines by ordinance.

Source: SL 1986, ch 81, § 13; SL 1990, ch 68, § 6; SL 2003, ch 47, § 1; SL 2005, ch 54, § 5; SL 2012, ch 57, § 158.
S.D. Codified Laws § 9-14-45 — SD Code / Title 9 / Chapter 14 / Section 9-14-45
Lawful possession of dangerous weapon--Prohibition permitted for event--Requirements
Status: in_force

Notwithstanding § 9-14-44 or 9-19-20 , a municipality may, by any method or means, prohibit or restrict an individual from lawfully carrying a dangerous weapon, as defined in § 22-1-2 , within a building or facility at which an event is occurring, provided metal detectors are utilized to screen for any dangerous weapons and armed security personnel are posted at each public entrance.

Source: SL 2025, ch 36, § 4.
S.D. Codified Laws § 9-8-4.1 — SD Code / Title 9 / Chapter 8 / Section 9-8-4.1
Municipalities with less than three thousand residents--Authorized to elect aldermen at-large
Status: in_force

Notwithstanding § 9-8-4 , the voters of any second or third class municipality may, by majority vote, choose to elect aldermen to the common council at large using the process provided in § 9-11-6 . The voters may revert to electing aldermen by ward in the same manner provided in this section, subject to the waiting period in § 9-11-8 .

Source: SL 2022, ch 21, § 1.
S.D. Codified Laws § 9-14-17 — SD Code / Title 9 / Chapter 14 / Section 9-14-17
Municipal finance officer--Duties--Authority to delegate--Record destruction
Status: in_force

A municipal finance officer shall:

(1) Keep an office at a place directed by the governing body;

(2) Keep the corporate seal and all documents and records of the municipality;

(3) Attend all meetings of the governing body;

(4) Keep a record of the proceedings of the governing body;

(5) Draw and countersign all warrants on the treasury pursuant to orders or resolutions of the governing body;

(6) Except as provided in chapter 9-10 , supervise the accounting system for all departments and offices of the municipality in accordance with the recommendations of the Department of Legislative Audit;

(7) Keep a full and accurate account of all warrants in book or electronic format;

(8) Cause estimates to be provided for the expense of any work to be done by the municipality;

(9) Keep a list of all certificates issued for work or any other purpose;

(10) Countersign all contracts and certificates of work authorized by the governing body, unless the contract is approved by:

(a) Any municipal board with authority to approve contracts by statute or by ordinance; or

(b) Any municipal officer with authority to approve contracts pursuant to a spending policy adopted by the governing body of the municipality;

(11) Keep regular accounts of all indebtedness of the municipality, which show at all times the financial condition of the municipality;

(12) Countersign and keep accurate account of bonds, warrants, certificates, or other evidence of indebtedness issued or redeemed by the governing body, and the amount of each that is outstanding;

(13) Record the amount, purpose, and recipient of any bond, warrant, or other evidence of indebtedness of the municipality;

(14) 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 that was disbursed under the direction of the governing body;

(15) Audit and adjust all claims and demands against the municipality before they are allowed by the governing body;

(16) Keep a record of the finance officer's acts and doings; and

(17) Perform other duties as may be required by ordinance, resolution, or direction of the governing body.

The governing body may determine which duties, if any, a municipal finance officer may not delegate to an employee under the supervision of the municipal finance officer.

The municipal finance officer may destroy any record of the municipality in a manner consistent with chapter 1-27 or other applicable law.

Source: PolC 1877, ch 24, § 40; CL 1887, § 1065; SL 1890, ch 37, art VII, §§ 1 to 3; RPolC 1903, §§ 1244, 1246, 1454; SL 1913, ch 119, §§ 65, 67; RC 1919, §§ 6285, 6287; SDC 1939, § 45.1119; SL 1959, ch 268; SL 1981, ch 45, § 8; SL 1995, ch 45, § 4; SL 2014, ch 51, § 3; SL 2026, ch 33, § 16.
S.D. Codified Laws § 9-55-3 — SD Code / Title 9 / Chapter 55 / Section 9-55-3
Uses to which generated funds may be put
Status: in_force

Any money generated pursuant to § 9-55-2 may be used for any one or more of the following purposes:

(1) The acquisition, construction, maintenance, and operation of public off-street parking facilities for the benefit of the district area;

(2) Improvement of any public place or facility in the district area, including landscaping and plantings;

(3) Construction or installation of convention or event centers, pedestrian shopping malls or plazas, sidewalks, including moving sidewalks, parks, meeting and display facilities, bus stop shelters, lighting, benches or other seating furniture, sculptures, trash receptacles, shelters, fountains, skywalks, and pedestrian and vehicular overpasses and underpasses or any useful or necessary public improvement;

(4) Leasing, acquiring, constructing, reconstructing, extending, maintaining, or repairing parking lots or parking garages, both above and below ground, or other facilities for the parking of vehicles, including the power to install such facilities in public areas, whether such areas are owned in fee or by easement, in the district area;

(5) Creation and implementation of a plan for improving the general architectural design of public areas in the district area;

(6) The development of any activities and promotion of the district area;

(7) Maintenance, repair, and reconstruction of any improvements or facilities authorized by this chapter;

(8) Any other project or undertaking for the betterment of the facilities in the district area, whether the project is capital or noncapital in nature;

(9) Enforcement of parking regulations within the district area; and

(10) Employing or contracting for personnel, including administrators for any improvement or promotional program under this chapter, and providing for any service necessary or proper to carry out the purposes of this chapter.

Source: SL 1986, ch 81, § 3; SL 2005, ch 54, § 1.
S.D. Codified Laws § 9-38-91 — SD Code / Title 9 / Chapter 38 / Section 9-38-91
Powers of recreation board--Acquisition, maintenance, and supervision of land and facilities
Status: in_force

The recreation board may operate a system of public recreation and playgrounds within the municipality as provided by chapter 42-2 , and for such purposes the recreation board may acquire, equip, and maintain land, buildings, or other recreational facilities, and expend money appropriated for that purpose, and any other moneys received for the use of the recreation board. The acquisition of any land for such purposes by the recreation board shall be subject to the approval of the governing body of the first or second class municipality. The recreation board shall supply all of the supervision and management for the use of all recreation facilities.

Source: SL 1949, ch 202, § 9; SDC Supp 1960, § 45.3209; SL 1978, ch 62, § 17; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-41A-6 — SD Code / Title 9 / Chapter 41A / Section 9-41A-6
Powers of city representatives--Meetings--Quorum
Status: in_force

Except as otherwise provided in the agency agreement or the bylaws, the duly authorized representatives of each member first or second class municipality shall act as, and vote on behalf of, the municipality. An alternate representative may be appointed by a member municipality and, in the absence of the representative, may act as, and vote on behalf of, the municipality except where the agency agreement or bylaws provide otherwise, representatives of the member municipalities shall hold at least one meeting each year for the election of directors and for the transaction of any other business. Unless the agency agreement or bylaws prescribe otherwise, special meetings of the representatives may be called for any purpose upon written request to the president or secretary to call the meeting. The officer shall give notice of the meeting to be held between three and sixty days after receipt of the request. Unless the agency agreement or bylaws provide for a different percentage, a quorum for a meeting of the representatives of the member municipalities is a majority of the total representatives.

Source: SL 1978, ch 66, § 10; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-21-9.1 — SD Code / Title 9 / Chapter 21 / Section 9-21-9.1
State, county and federal grants expended without provision in appropriation ordinance--Publication
Status: in_force

Any funds made available after the final appropriation ordinance is adopted by a municipality from state, county, and federal grants for expenditure by the municipality shall be paid into the municipal treasury and may be expended without specific provision in the appropriations ordinance of the municipality. In this case the governing body shall publish, in the official newspaper of the municipality, the purpose for which the expenditures were made and to whom the expenditures were made.

Source: SL 1973, ch 42, § 2; SL 1980, ch 56, § 2.
S.D. Codified Laws § 9-38-35 — SD Code / Title 9 / Chapter 38 / Section 9-38-35
Structures within parks--Purposes for which authorized
Status: in_force

Neither the governing body nor the board may permit any person to build or maintain any structure within any park or parkway under the control of the board. No structure may be erected or maintained within any park or parkway except such structures or buildings as may be erected by the board for park purposes, and such statues, monuments, works of art, or structures intended for ornamentation only as may be erected by authority of the board. However, the governing body or the board may authorize the building and operation of tourism, science, or information centers within any park or parkway. The centers may include the administrative offices of any nonprofit association or corporation responsible for the operation of the center. If a water tower is located within a park or on park land, the governing body or the board may authorize the installation of communications equipment, including personal wireless service equipment, on the tower or on the ground and may authorize the installation of equipment to run wires or cables underground across the park land in order to connect the installation with facilities located outside the park land. The governing body or board shall establish the terms and conditions for any such installation in a lease or license agreement.

Source: SL 1915, ch 260, § 64; RC 1919, § 6507; SDC 1939, § 45.2522; SL 1992, ch 66; SL 2004, ch 78, § 1.
S.D. Codified Laws § 9-23-18 — SD Code / Title 9 / Chapter 23 / Section 9-23-18
Priority retained by registered warrants not presented for annual interest payment
Status: in_force

All registered warrants, together with the interest thereon earned but not paid, shall continue to be paid in the order of their registration as provided in § 9-23-11 .

Source: SL 1933, ch 160, § 3; SDC 1939, § 45.1419.
S.D. Codified Laws § 9-38-61 — SD Code / Title 9 / Chapter 38 / Section 9-38-61
Swimming pool revenue bonds authorized
Status: in_force

A municipality may issue revenue bonds to provide funds for the purpose of acquiring, constructing, and operating municipally owned swimming pools or for the purpose of refunding outstanding revenue bonds issued under the provisions of §§ 9-38-61 to 9-38-75 , inclusive.

Source: SL 1957, ch 258, § 1; SDC Supp 1960, § 45.24D01; SL 1984, ch 43, § 72.
S.D. Codified Laws § 9-55-4 — SD Code / Title 9 / Chapter 55 / Section 9-55-4
Creation of business improvement district--Established business area
Status: in_force

A municipality may create a business improvement district only as provided by this chapter. A municipality that has not adopted any zoning ordinance pursuant to § 9-12-13 may create a business improvement district anywhere within the boundaries of the municipality. If a municipality has adopted a zoning ordinance pursuant to § 9-12-13 , the municipality may create a business improvement district only within the boundaries of an established business area that is zoned for business, public, or commercial purposes. For purposes of this chapter, an established business area, may include noncontiguous property within the incorporated municipality that has a common zoning designation. Any business improvement district that includes noncontiguous property pursuant to this section may, by resolution of the governing body, add qualifying property to the business improvement district.

Source: SL 1986, ch 81, § 4; SL 2005, ch 54, § 2; SL 2007, ch 41, § 1; SL 2018, ch 56, § 1.
S.D. Codified Laws § 9-21-18 — SD Code / Title 9 / Chapter 21 / Section 9-21-18
Contracts exceeding maximum tax levy as misdemeanor--Personal liability of authorizing officer
Status: in_force

It is a Class 2 misdemeanor for the officers of any municipality, unless expressly authorized by law, to contract any debt or incur any pecuniary liability, for the payment of either the principal or interest, for which during the current year or any subsequent year it will be necessary to levy on the taxable property of such municipality a higher rate of tax than the maximum rate prescribed by law.

Every such contract shall be null and void in regard to any obligation thereby imposed on the municipality on behalf of which such contract purports to be made.

Every officer who makes or participates in making or authorizes the making of any such contract shall be held individually liable for its performance.

Every officer present when any such unlawful contract was made or authorized to be made shall be deemed to have made or to have participated in making or to have authorized the making of the same, as the case may be, unless he dissented therefrom and entered or caused to be entered such dissent on the records of such municipality.

Source: SL 1897, ch 28, § 140; RPolC 1903, § 2243; RC 1919, § 6957; SDC 1939, § 45.1416; SL 1981, ch 43, § 17.
S.D. Codified Laws § 9-5-13 — SD Code / Title 9 / Chapter 5 / Section 9-5-13
Bonded indebtedness of annexing municipality--Tax levy--Property in annexed municipality exempt
Status: in_force

Except as otherwise provided in the plan for consolidation, all existing bonded indebtedness of the municipality to which annexation is made shall be paid by such municipality by a tax to be levied exclusively upon the property subject to taxation within the limits of the same as it existed prior to such annexation or as such original limits are changed, and none of the real estate or property embraced within the limits of the annexed municipality shall ever be subjected, in any way, to the payment of any part of said bonded indebtedness.

Source: SL 1951, ch 249, § 7; SDC Supp 1960, § 45.29A07.
S.D. Codified Laws § 9-21A-1 — SD Code / Title 9 / Chapter 21A / Section 9-21A-1
Legislative intent and purpose
Status: in_force

It is hereby declared to be the legislative intent and purpose of this chapter, pursuant to the provisions of S.D. Const., Art. XI, § 2, that the property within the corporate limits of municipalities be classified as urban and rural for purposes of ad valorem property taxation consistent with the provisions herein.

Source: SL 1972, ch 68, § 1; SL 1974, ch 73, § 1; SL 1994, ch 68, § 1.
S.D. Codified Laws § 9-51-19 — SD Code / Title 9 / Chapter 51 / Section 9-51-19
Additional bonds if original issue insufficient--Junior to prior issues unless other provision made
Status: in_force

Should the governing body find that the proceeds from any bonds issued under § 9-51-13 , by reason of error of calculation or otherwise, will be insufficient to accomplish the purpose desired, additional bonds may be authorized, issued and disposed of under the procedure provided in §§ 9-51-13 to 9-51-18 , inclusive, but such additional issues shall be junior to all prior issues, unless provision shall have been made in the ordinance setting forth the covenants and agreements of the municipality with the holders of the original bonds for the issuance of such additional bonds on a parity therewith.

Source: SL 1955, ch 216, § 5; SDC Supp 1960, § 45.02A05.
S.D. Codified Laws § 9-13-7.1 — SD Code / Title 9 / Chapter 13 / Section 9-13-7.1
Withdrawal or death of candidate--Procedure--Effect
Status: in_force

Any candidate who has filed a nominating petition pursuant to § 9-13-7 may withdraw from the nomination by making a written request under oath. The candidate shall file the request with the municipal finance officer. The finance officer may not print the name of a candidate if the candidate withdraws or dies before five p.m. local time, on the first Thursday after the deadline for filing a nominating petition.

If the death or withdrawal of a candidate at any time before the withdrawal deadline results in the number of nominating petitions filed for the vacant position to be equal to or less than the number of vacancies, the contest may not be placed on the ballot, and the finance officer must issue a certificate of election to the unopposed candidate. If that contest is the only contest to be voted upon, the finance officer must cancel the election.

Source: SL 1980, ch 63; SL 1986, ch 67, § 4; SL 1996, ch 60, § 2; SL 2010, ch 41, § 1; SL 2026, ch 35, § 2.
S.D. Codified Laws § 9-5-8 — SD Code / Title 9 / Chapter 5 / Section 9-5-8
Resolution declaring approval by voters of annexing municipality--Filing and recording of proceedings
Status: in_force

If a majority of the votes cast in the municipality to which annexation is to be made be in favor of annexation, the governing body of such municipality shall so declare by resolution. A certified copy of the whole proceedings of the annexation shall be filed with the auditor of such municipality and he shall file a certified copy of such proceedings and a certified copy of the proceedings of the municipality to be annexed with the secretary of state, and in the office of the register of deeds of the county, who shall record the same.

Source: SL 1951, ch 249, § 4; SL 1955, ch 214, § 3; SDC Supp 1960, § 45.29A04.
S.D. Codified Laws § 9-10-4 — SD Code / Title 9 / Chapter 10 / Section 9-10-4
Aldermanic form--Mayor and aldermen elections not affected
Status: in_force

In municipalities under the aldermanic form employing a city manager, the mayor and aldermen must be elected in the same manner as municipalities not employing a city manager.

Source: SL 1935, ch 158, § 6; SDC 1939, § 45.0905; SL 1992, ch 60, § 2; SL 2025, ch 38, § 41.
S.D. Codified Laws § 9-14-34 — SD Code / Title 9 / Chapter 14 / Section 9-14-34
Administration of insurance programs
Status: in_force

The policy or policies for the insurance provided in § 9-14-30 may be administered by the municipalities through their respective governing bodies, acting individually or jointly through some joint agency created by such governmental subdivisions for carrying out the purposes of §§ 9-14-30 to 9-14-35 , inclusive, or the municipalities may contract with any private firm to administer the policies.

Source: SL 1949, ch 199, § 3; SDC Supp 1960, § 45.0201-1 (7); SL 1978, ch 49, § 2.
S.D. Codified Laws § 9-3-11 — SD Code / Title 9 / Chapter 3 / Section 9-3-11
Canvass and return of votes
Status: in_force

After the canvass of the vote, the county auditor shall make a verified statement showing the whole number of ballots cast, together with the number voting for and the number voting against incorporation and shall return the same to the board of county commissioners at its next meeting.

Source: CL 1887, § 1030; SL 1901, ch 74, § 1; RPolC 1903, § 1425; RC 1919, § 6180; SDC 1939, § 45.0310; SL 2024, ch 28, § 26.
S.D. Codified Laws § 9-51-28 — SD Code / Title 9 / Chapter 51 / Section 9-51-28
Tax proceeds placed in debt service fund--Transfers from revenue fund to debt service fund--Reduction of tax levy
Status: in_force

All taxes levied pursuant to § 9-51-26 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 all moneys in the revenue fund set up in the ordinance authorizing the issuance of the bonds shall, from time to time, be transferred and irrevocably appropriated to said debt service fund and the governing body shall cause the amount so transferred to be certified to the county auditor and the total of the moneys so transferred and irrevocably appropriated shall be used and applied to reduce and eliminate the taxes theretofore levied and next thereafter to be spread upon the tax rolls.

Source: SL 1955, ch 216, § 6; SDC Supp 1960, § 45.02A06 (3).
S.D. Codified Laws § 9-13-9 — SD Code / Title 9 / Chapter 13 / Section 9-13-9
Municipal office--Nominating petition--Signers required--Time for circulating
Status: in_force

If a candidate is to be elected at large in a first-class or second-class municipality, a nominating petition must be signed by five percent of the registered voters of the municipality based on the number of registered voters recorded by the county auditor on the second Tuesday of the month five months before the election, or fifty voters, whichever is less.

If the candidate is to be elected for a ward of a first-class or second-class municipality that has more than one ward, a nominating petition must be signed by five percent of the registered voters of the ward based on the number of registered voters recorded by the county auditor on the second Tuesday of the month five months before the election, or fifty voters, whichever is less.

If a candidate is to be elected at large in a third-class municipality, the nominating petition must be signed by not less than three registered voters of the municipality. If the candidate is to be elected for a ward of a third-class municipality having more than one ward, the nominating petition must be signed by not less than three registered voters of the ward. A registered voter in a municipality of the third class may sign more than one petition.

A nominating petition may not be circulated more than four months before the election.

Source: SL 1913, ch 119, § 106; SL 1915, ch 115, § 4; RC 1919, § 6320; SDC 1939, § 45.1309; SL 1973, ch 49; SL 1978, ch 60, § 2; SL 1980, ch 64, § 1; SL 1981, ch 67; SL 1983, ch 52, § 4; SL 1986, ch 67, § 5; SL 1987, ch 76, § 1; SL 1988, ch 63, § 7; SL 1992, ch 60, § 2; SL 2004, ch 75, § 4; SL 2017, ch 57, § 1; SL 2025, ch 40, § 7, eff. Jan. 1, 2026.
S.D. Codified Laws § 9-32-7 — SD Code / Title 9 / Chapter 32 / Section 9-32-7
Slaughterhouses, foundries, livery stables, and blacksmith shops
Status: in_force

Every municipality shall have power to control the location and regulate the management and construction of packinghouses, slaughterhouses, renderies, bone and soap factories, foundries, livery stables, and blacksmith shops and to prohibit any offensive or unwholesome business or establishment within, or within one mile of the corporate limits.

Source: PolC 1877, ch 24, § 22, subdiv 8; CL 1887, § 1043, subdiv 8; SL 1890, ch 37, art V, § 1, subdiv 66; RPolC 1903, § 1229, subdiv 66; RPolC 1903, § 1438, subdiv 8; SL 1909, ch 50; SL 1913, ch 119, § 53, subdiv 66, 67; RC 1919, § 6169 (43); SDC 1939, § 45.0201 (39).
S.D. Codified Laws § 9-32-3 — SD Code / Title 9 / Chapter 32 / Section 9-32-3
Inspection of meats and food products
Status: in_force

Every municipality shall have power to provide for the inspection of meats, dairy products, fish, lard, vegetables, flour, and similar provisions.

Source: SL 1890, ch 37, art V, § 1, subdiv 38; RPolC 1903, § 1229, subdiv 38; SL 1913, ch 119, § 53, subdiv 38; RC 1919, § 6169 (67); SDC 1939, § 45-0201 (60).
S.D. Codified Laws § 9-51-16 — SD Code / Title 9 / Chapter 51 / Section 9-51-16
Issuance and sale of bonds--Reference to ordinance for matters not covered in bonds--Negotiability
Status: in_force

Bonds shall be issued and sold as provided in chapter 6-8B , except that no election shall be required other than as provided in § 9-51-14 . All bonds may refer to the ordinance 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 ordinance.

Source: SL 1955, ch 216, § 5; SDC Supp 1960, § 45.02A05; SL 1984, ch 43, § 92.
S.D. Codified Laws § 9-3-13 — SD Code / Title 9 / Chapter 3 / Section 9-3-13
Adjustment of claims--Municipality and civil township
Status: in_force

Within the sixty days following the order declaring the incorporation, the board of county commissioners has full power to settle and adjust all claims and accounts existing between the municipality and the civil township or townships that formed a part of the municipality previous to its incorporation. The board shall immediately proceed to settle and adjust the claims and accounts with due regard for the interests of all concerned.

Source: CL 1887, § 1030; SL 1901, ch 74, § 1; RPolC 1903, § 1425; RC 1919, § 6181; SDC 1939, § 45.0311; SL 2024, ch 28, § 28.
S.D. Codified Laws § 9-40-11 — SD Code / Title 9 / Chapter 40 / Section 9-40-11
Ordinance provisions for utility operation and security of bondholders
Status: in_force

A municipality acquiring, adding to, improving, or extending any utility under the provisions of this chapter 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 the governing body may deem necessary.

Source: SL 1931, ch 194, § 17; SDC 1939, § 45.2416; SL 1949, ch 191, § 8.
S.D. Codified Laws § 9-7-1 — SD Code / Title 9 / Chapter 7 / Section 9-7-1
Composition and election of board--Qualifications of trustee--Change in number
Status: in_force

The board of trustees of a municipality consists of either three or five members elected at large. Each member must be a legal voter of the municipality in accordance with § 9-14-2 . The number of trustees of a municipality may be increased to five or reduced to three in the manner prescribed by chapter 9-11 .

Source: PolC 1877, ch 24, § 15; CL 1887, § 1036; SL 1895, ch 182, § 1; RPolC 1903, § 1431; SL 1905, ch 170; SL 1907, ch 243; RC 1919, § 6196; SL 1933, ch 151; SDC 1939, § 45.0601; SL 1979, ch 48, §§ 1, 2; SL 1992, ch 60, § 2; SL 2025, ch 38, § 13.
S.D. Codified Laws § 9-27-8 — SD Code / Title 9 / Chapter 27 / Section 9-27-8
Proceeds of sale applied to payment of liens--Cancellation of unpaid balance
Status: in_force

Such municipality shall hold real estate acquired pursuant to § 9-27-2 as a trustee for itself and any other taxing unit having a lien thereon, and upon a sale of said real estate all such liens shall be paid in their order of priority. When all the money received less costs has been applied upon the payment of the tax liens, if there be any unpaid balance left, it shall be canceled.

Source: SL 1935, ch 156, § 3; SDC 1939, § 45.2120.
S.D. Codified Laws § 9-25-2 — SD Code / Title 9 / Chapter 25 / Section 9-25-2
Execution of bonds and coupons--Facsimile signatures
Status: in_force

All bonds and coupons issued by the municipality shall be executed as contracts except that the facsimile signature of such officers to the coupons may be lithographed or engraved.

Source: SL 1899, ch 51, § 2; RPolC 1903, § 1386; SL 1905, ch 155, § 3; RC 1919, § 6431; SDC 1939, § 45.2308.
S.D. Codified Laws § 9-43-89 — SD Code / Title 9 / Chapter 43 / Section 9-43-89
Assessment payable in installments
Status: in_force

If the assessment is payable in installments, the special assessment roll shall specify the number of installments, the rate of interest that deferred installments shall bear, that the whole assessment or any installment may be paid at any time, and that all installments paid before their respective due dates are deemed paid in inverse order of their due dates.

Source: SL 2012, ch 57, § 17.
S.D. Codified Laws § 9-29-3 — SD Code / Title 9 / Chapter 29 / Section 9-29-3
Prohibition of disorders and disturbances
Status: in_force

Every municipality shall have power to provide for keeping and preserving the peace and quietness of the municipality, to prevent disorderly conduct, to prohibit public intoxication, and to prevent and suppress riots, affrays, noises, disturbances, and disorderly assemblies in any place.

Source: PolC 1877, ch 24, § 22, subdiv 12; CL 1887, § 1043, subdiv 12; SL 1890, ch 37, art V, § 1, subdiv 47, 57; RPolC 1903, § 1229, subdiv 47, 57; RPolC 1903, § 1438, subdiv 12; SL 1913, ch 119, § 53, subdiv 47, 57; RC 1919, § 6169 (35), (36); SDC 1939, § 45.0201 (25).
S.D. Codified Laws § 9-48-4 — SD Code / Title 9 / Chapter 48 / Section 9-48-4
Sewer pipes on private property--Discharge of sewage into stream
Status: in_force

Every municipality may construct, maintain, or authorize the construction and maintenance of sewer pipes on private property or in or along any stream of water, or empty or discharge the sewage of the municipality into any stream of water within or without its limits, subject to the provisions of chapter 34A-2 , if such can be done without creating any foul or noxious odors in the air over or along such stream.

Source: SL 1909, ch 50; RC 1919, § 6169 (15); SDC 1939, § 45.0201 (89); SL 1979, ch 18, § 1.
S.D. Codified Laws § 9-29-1 — SD Code / Title 9 / Chapter 29 / Section 9-29-1
Territorial jurisdiction of municipalities
Status: in_force

Every municipality shall have power to exercise jurisdiction for all authorized purposes over all territory within the corporate limits and over any public ground or park belonging to the municipality, whether within or without the corporate limits, and in and over all places, except within the corporate limits of another municipality, within one mile of the corporate limits or of any public ground or park belonging to the municipality outside the corporate limits, for the purpose of promoting the health, safety, morals, and general welfare of the community, and of enforcing its ordinances and resolutions relating thereto.

Source: PolC 1877, ch 24, § 23; CL 1887, § 1044; SL 1890, ch 37, art IV, § 15; RPolC 1903, §§ 1212, 1439; SL 1913, ch 119, § 30; RC 1919, § 6187; SL 1931, ch 193; SDC 1939, § 45.0201 (24).
S.D. Codified Laws § 9-36-5 — SD Code / Title 9 / Chapter 36 / Section 9-36-5
Time of meeting to establish stream boundaries--Adjournment
Status: in_force

Such meeting shall be held not less than ten or more than thirty days subsequent to the last publication of said notice, but the meeting may be adjourned from time to time.

Source: SL 1931, ch 189, § 3; SDC 1939, § 45.2002.
S.D. Codified Laws § 9-27-32 — SD Code / Title 9 / Chapter 27 / Section 9-27-32
Conveyance to county of courthouse site after approval by voters
Status: in_force

If a majority of those voting upon a proposition submitted pursuant to § 9-27-31 are in favor of such donation, the governing body shall be authorized to execute a conveyance to such land to such county for a courthouse building site.

Source: SL 1915, ch 157, § 3; RC 1919, § 6578; SDC 1939, § 45.2709.
S.D. Codified Laws § 9-16-27 — SD Code / Title 9 / Chapter 16 / Section 9-16-27
Retirement board to administer pension fund--Rules for operation of fund
Status: in_force

The authority and responsibility for the administration, management, and operation of the pension fund shall be vested in and under the control of a retirement board, which shall consist of two city officials to be selected by the governing body of the first or second class municipality; two members of the fire department to be elected by the members of the fire department, and a citizen, who is neither a city official nor a member of the fire department, to be selected by these four members. The retirement board shall adopt such rules, not inconsistent with this chapter and the pension fund ordinance, as are required in the proper operation of the pension fund.

Source: SL 1927, ch 172, § 3; SDC 1939, § 45.1207; SL 1955, ch 202, § 2; SDC Supp 1960, § 45.1207 (2); SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-19-7.1 — SD Code / Title 9 / Chapter 19 / Section 9-19-7.1
Notice requirements for substantial amendment at second reading
Status: in_force

If any amendment presented and approved by the governing body at the second reading of an ordinance substantially alters the substance of the ordinance from the first reading, the proposed ordinance as amended may not be considered for final adoption until at least five days after a duly noticed public meeting of the governing body pursuant to chapter 1-25 .

Source: SL 2016, ch 51, § 1.
S.D. Codified Laws § 9-14-36 — SD Code / Title 9 / Chapter 14 / Section 9-14-36
Retirement programs and life insurance for municipal employees--Salary saving and retirement annuities--Salary deductions--Groups covered--Consent required
Status: in_force

The governing body of any municipality may provide for salary saving or retirement annuities, and may deduct from the salary or wages of any employee, included in the life insurance, salary sharing, or retirement annuity plan, the pro rata share of the cost of the insurance, and pay the premium for the insurance out of the deducted moneys. The governing body may determine which particular class or group of employees is protected by the insurance contracts, provided that when the class or group has been determined, an insurance contract may not be made or entered into without the consent of at least sixty percent of the class or group.

Source: SL 1939, ch 192; SDC Supp 1960, § 45.0201-1 (1); SL 2026, ch 33, § 26.
S.D. Codified Laws § 9-14-12 — SD Code / Title 9 / Chapter 14 / Section 9-14-12
Officer appointed by governing board--Removal from office
Status: in_force

Except as otherwise provided, any appointed officer of a municipality governed by a board of commissioners or board of trustees may be removed by a majority vote of all members of the governing body who are qualified to serve on the governing body by election or appointment pursuant to chapter 9-13 .

Source: SL 1913, ch 119, § 23; RC 1919, § 6276; SDC 1939, § 45.1109; SL 2026, ch 33, § 10.
S.D. Codified Laws § 9-54-2.2 — SD Code / Title 9 / Chapter 54 / Section 9-54-2.2
Restriction on use of bonds for elderly housing projects
Status: in_force

Any housing for the elderly financed by revenue bonds shall be operated by either a nonprofit corporation or a corporation wholly owned, either directly or indirectly, by a nonprofit corporation.

Source: SL 1981, ch 77, § 9; SL 1984, ch 62; SL 1990, ch 67; SL 1991, ch 76.
S.D. Codified Laws § 9-32-13 — SD Code / Title 9 / Chapter 32 / Section 9-32-13
Regulation and operation of cemeteries
Status: in_force

Every municipality shall have power to establish, maintain, and regulate cemeteries within or without the municipality, to cause cemeteries to be removed and prohibit their establishment within, or within one mile of the corporate limits; and to provide for the operation and control of any cemetery belonging to the municipality by a corporation or association organized for cemetery purposes.

Source: PolC 1877, ch 24, § 22, subdiv 14; CL 1887, § 1043, subdiv 14; SL 1890, ch 37, art V, § 1, subdiv 64; RPolC 1903, § 1229, subdiv 64; RPolC 1903, § 1438, subdiv 14; SL 1905, ch 67; SL 1913, ch 119, § 53, subdiv 64; RC 1919, § 6169 (42); SDC 1939, § 45.0201 (40).
S.D. Codified Laws § 9-32-2 — SD Code / Title 9 / Chapter 32 / Section 9-32-2
City board of health--Powers and duties
Status: in_force

Each first or second class municipality may appoint a board of health and prescribe its powers and duties subject to the supervision of the State Department of Health.

Source: SL 1890, ch 37, art V, § 1, subdiv 61; RPolC 1903, § 1229, subdiv 61; SL 1913, ch 119, § 53, subdiv 61; RC 1919, § 6170 (9); SDC 1939, § 45.0202 (1); SL 1981, ch 44, § 36; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-53-1 — SD Code / Title 9 / Chapter 53 / Section 9-53-1
Definition of terms
Status: in_force

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

(1) "Public convention hall" shall mean a real estate site and building, structure, or edifice which may be used by the general public or portions of the public for the purposes of meetings, discussions, conventions, shows, displays, amusements, and any other public purpose;

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

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

(4) "Convention hall fund" shall mean a fund established for the placing of all receipts from all assessments and revenues and disbursements therefrom under the provisions of this chapter.

Source: SL 1967, ch 230, § 2.
S.D. Codified Laws § 9-38-58 — SD Code / Title 9 / Chapter 38 / Section 9-38-58
Assessments for street and sewer improvements benefitting park land paid from park funds
Status: in_force

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

Source: SL 1915, ch 260, § 74; SL 1917, ch 305, § 6; RC 1919, § 6517; SDC 1939, § 45.2531; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-41A-12 — SD Code / Title 9 / Chapter 41A / Section 9-41A-12
Composition and powers of board of directors--Terms of office--Filling of vacancies
Status: in_force

The agency agreement or the bylaws may prescribe the number, term of office, powers, authority, and duties of directors, the time and place of their meetings, and other regulations concerning directors. Unless the agency agreement or bylaws prescribe otherwise, the term of office of a director shall be for one year. Each director shall hold office for the term for which he has been selected and until a qualified successor has been selected. Unless the agency agreement or bylaws prescribe otherwise, any vacancy occurring on the board shall be filled by a person nominated by the remaining members of the board and elected by a majority of representatives of the member first or second class municipalities.

Source: SL 1978, ch 66, § 8; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-14-6.1 — SD Code / Title 9 / Chapter 14 / Section 9-14-6.1
9-14-6.1. Amount of finance officer's bond
Status: in_force

The amount of the bond of the municipal finance officer shall be annually established by the governing board in an amount equal to the maximum monetary total estimated to be on hand at any one time, but the amount of such bond required may not exceed two hundred fifty thousand dollars in municipalities of the first class or one hundred fifty thousand dollars in municipalities of the second or third class.
S.D. Codified Laws § 9-38-4 — SD Code / Title 9 / Chapter 38 / Section 9-38-4
Bonding power for park improvements
Status: in_force

Every municipality shall have power to borrow money on the credit of the corporation for the purpose of constructing buildings and making improvements for public parks, and to issue its negotiable bonds therefor in the manner provided by law.

Source: SL 1933 (SS), ch 14; SDC 1939, § 45.2535.
S.D. Codified Laws § 9-21A-6 — SD Code / Title 9 / Chapter 21A / Section 9-21A-6
Agricultural land annexed--Limitation on tax levy and assessed value
Status: in_force

The ordinance shall determine that the tax levy and assessed value on the agricultural land annexed shall not exceed the average tax levy and average assessed value on unannexed agricultural land in adjoining townships in the county as long as the annexed agricultural land remains rural property as defined by this chapter.

Source: SL 1972, ch 68, § 5.
S.D. Codified Laws § 9-41A-35 — SD Code / Title 9 / Chapter 41A / Section 9-41A-35
Insurance against losses to property
Status: in_force

A municipal power agency may procure insurance against any losses in connection with its property, operations, or assets in such amounts and from such insurers as it deems desirable.

Source: SL 1978, ch 66, § 29.
S.D. Codified Laws § 9-6-5 — SD Code / Title 9 / Chapter 6 / Section 9-6-5
Petition for dissolution--Hearing--Determination--Referee appointed, duties--Report of referee
Status: in_force

If, after a hearing on the petition for dissolution and any objections, the court determines there are sufficient interests of the municipality and of its property owners and taxpayers to support the dissolution of the municipality, the court must appoint a referee to make an enumeration of its population and to examine the records of the municipality and of the county in which the municipality is situated, to ascertain whether the petition has been executed by persons owning more than one - half of the real property within the municipality, both in area and assessed valuation.

The court may also refer to the referee any other question that may arise regarding the petition and objections.

The referee shall report to the court on all matters referred to the referee within the time designated by the court. Upon the filing of the report and upon not less than six days' notice to the municipality, the court shall consider the report of the referee and may take evidence as it deems relevant.

Source: SL 1903, ch 91, § 3; RC 1919, § 6568; SDC 1939, § 45.3004; SL 2025, ch 38, § 5.
S.D. Codified Laws § 9-16-3.2 — SD Code / Title 9 / Chapter 16 / Section 9-16-3.2
Change of employee contributions or benefits--Requirements
Status: in_force

No change may be made in employee contribution levels of a system or present or future benefits of a system, by ordinance or otherwise, without an affirmative vote by both the governing body of the municipality and the membership of that system.

Source: SL 1984, ch 56, § 3.
S.D. Codified Laws § 9-41A-19 — SD Code / Title 9 / Chapter 41A / Section 9-41A-19
Acquisition, maintenance, and improvement of projects--Agency
Status: in_force

A municipal power agency may plan, acquire, construct, reconstruct, operate, maintain, repair, extend, or improve one or more projects within or outside the state; or acquire any interest in or any right to capacity of a project and may act as agent, or designate one or more of the other persons participating in a project to act as its agent, in connection with the planning, acquisition, construction, reconstruction, operation, maintenance, repair, extension, or improvement of the project.

Source: SL 1978, ch 66, § 14.
S.D. Codified Laws § 9-41A-13 — SD Code / Title 9 / Chapter 41A / Section 9-41A-13
Meetings of directors--Quorum
Status: in_force

Unless the agency agreement or bylaws prescribe otherwise, a meeting of the board of directors may be held at any place, within or without the state, designated by the board, after notice, and an act of the majority of the directors present at a meeting at which a quorum is present is the act of the board. Unless the agency agreement or bylaws provide for a different percentage, a quorum for meetings of the board of directors is a majority of the membership of the board.

Source: SL 1978, ch 66, §§ 8, 10.
S.D. Codified Laws § 9-47-28 — SD Code / Title 9 / Chapter 47 / Section 9-47-28
Connection of plumbing fixtures to public water supply system--Purchase or lease of preexisting private wells by municipalities--Exemption of first class municipalities
Status: in_force

Each building in which plumbing fixtures are installed shall connect to a public water supply system if available. A public water system is available to a premise used for human occupancy if the property line of the premise is within two hundred feet of the system. A municipality may purchase, lease with purchase option, lease, or otherwise acquire from the owners, any preexisting private wells located within the municipality. The provisions of this section do not apply to municipalities of the first class . Nothing in this section requires any municipality to provide any municipal service outside of its municipal boundaries.

Source: SL 1989, ch 80, § 1; SL 2000, ch 39, § 1.
S.D. Codified Laws § 9-6-4 — SD Code / Title 9 / Chapter 6 / Section 9-6-4
Petition for dissolution--Objection--Requirements
Status: in_force

Any objections to the petition for dissolution must be filed with the circuit court within thirty days from the date of service on the municipality. Objections may be made by any public officer or employee of the municipality or any property owner or taxpayer of the municipality. An objection must be in writing and verified by an affidavit affirming the statements contained in the objection are true.

Source: SL 1903, ch 91, § 2; RC 1919, § 6567; SDC 1939, § 45.3003; SL 2025, ch 38, § 4.
S.D. Codified Laws § 9-13-1.1 — SD Code / Title 9 / Chapter 13 / Section 9-13-1.1
Joint municipal and school district election authorized--Date--Sharing costs and responsibilities
Status: in_force

Any other provision of this chapter notwithstanding, the governing body of a municipality may, in odd-numbered years, choose to hold a general municipal election in conjunction with a regular school district election. The combined election must be approved by the board of the school district and must be held on the first Tuesday after the first Monday in June or the first Tuesday after the first Monday in November.

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 the school district.

Source: SL 1981, ch 66, § 1; SL 2025, ch 40, § 2, eff. Jan. 1, 2026.
S.D. Codified Laws § 9-5-15 — SD Code / Title 9 / Chapter 5 / Section 9-5-15
Enforcement of claims and demands against annexed municipality--Payment of judgments
Status: in_force

Suits to enforce claims or demands existing at the time of annexation against the municipality annexed may be prosecuted or brought against the municipality to which annexation is made, and judgments obtained shall be paid as provided in § 9-5-12 for the payment of the indebtedness of such annexed municipality.

Source: SL 1951, ch 249, § 11; SDC Supp 1960, § 45.29A11.
S.D. Codified Laws § 9-52-5 — SD Code / Title 9 / Chapter 52 / Section 9-52-5
Municipal indebtedness not authorized by chapter
Status: in_force

Nothing contained in this chapter shall be deemed to authorize the incurring by any municipality of indebtedness within the meaning of any constitutional or statutory limitation upon municipal indebtedness.

Source: SL 1951, ch 246, § 10; SDC Supp 1960, § 45.24B10.
S.D. Codified Laws § 9-38-24 — SD Code / Title 9 / Chapter 38 / Section 9-38-24
Board authority over parks and boulevards--Concessions
Status: in_force

The board may establish, improve, care for, regulate, and manage a system of public parks, parkways, and boulevards and with the approval of the governing body may acquire land for such purposes. The board may regulate the planting and trimming of trees and shrubbery in such areas and may establish the channel of any stream or watercourse forming a part of the park system and improve the banks of the stream or watercourse. The board may provide parkways and boulevards for the streets and maintain and regulate the care of the parkways and boulevards. The board may cause the cost of construction and maintenance of the street parkways and boulevards to be assessed against the abutting property as provided in chapter 9-43 . The board may establish, maintain, and conduct with or without charge or grant concessions for places of public amusement, recreation, or refreshment within or in connection with such parks. No concession lease or grant may be made for longer than three years, and no professional shows or exhibitions for which an admission price is charged may be given in such parks. However, a lease or grant to a concession may be made by the board for a period not to exceed fifty years if the concession requires a realty improvement or capital investment or any combination thereof of at least fifty thousand dollars.

Source: SL 1909, ch 272, § 7; SL 1915, ch 260, §§ 9, 65; SL 1917, ch 305, § 2; RC 1919, §§ 6440, 6452, 6508; SL 1919, ch 274; SL 1925, ch 237, § 9; SL 1925, ch 238; SDC 1939, § 45.2510; SL 1982, ch 79; SL 1993, ch 74; SL 2012, ch 57, § 70; SL 2017, ch 59, § 2.
S.D. Codified Laws § 9-20-6 — SD Code / Title 9 / Chapter 20 / Section 9-20-6
Time for filing referendum petition
Status: in_force

The required number of voters residing in any municipality may file within twenty days after the publication of any ordinance or resolution subject to referendum a petition with the auditor or clerk, requiring the submission of any such ordinance or resolution to a vote of the voters of the municipality for its rejection or approval. If filed on the twentieth day after publication, such petitions shall be filed no later than normal closing hours of the city hall or city auditor's office on said twentieth day.

Source: SL 1899, ch 94, § 2; RPolC 1903, § 1215; SL 1913, ch 119, § 39; RC 1919, § 6254; SDC 1939, § 45.1011; SL 1947, ch 198; SL 1975, ch 119, § 20.
S.D. Codified Laws § 9-14-2 — SD Code / Title 9 / Chapter 14 / Section 9-14-2
Election to office--Residence requirements
Status: in_force

An individual is not eligible to hold elective office unless the individual:

(1) Is a qualified voter of the municipality, as described in § 12-4-1 ; and

(2) Has resided in the municipality or an area annexed, pursuant to chapter 9-4 , for at least three months preceding the individual's election or appointment.

Source: SL 1891, ch 88, § 1; RPolC 1903, § 1240; RC 1919, § 6267; SL 1923, ch 235; SDC 1939, § 45.1101; SL 1955, ch 200, § 1; SL 1969, ch 180; SL 1978, ch 60, § 7; SL 1979, ch 51; SL 1983, ch 56; SL 1989, ch 82, § 41; SL 1992, ch 64; SL 2026, ch 33, § 3.
S.D. Codified Laws § 9-14-29 — SD Code / Title 9 / Chapter 14 / Section 9-14-29
Law enforcement officer--Civil process fee accounting
Status: in_force

On or before the last day of each month, each law enforcement officer receiving a salary from the municipality shall provide and remit to the municipal finance officer an itemized account and receipts for all fees received by the officer in the service of any civil process.

Source: SL 1911, ch 155, §§ 1, 2; RC 1919, § 6303; SDC 1939, § 45.1135; SL 2026, ch 33, § 22.
S.D. Codified Laws § 9-14-14 — SD Code / Title 9 / Chapter 14 / Section 9-14-14
Civil service ordinance--Required provisions--Suspension or removal of employee--Appeal--Initiated ordinance for repeal--Labor agreement
Status: in_force

Any municipality may adopt an ordinance establishing a civil service system for its municipal employees, law enforcement officers, and firefighters, which provides for:

(1) The appointment of a civil service board, prescribing its powers, duties and compensation; and

(2) The suspension or removal of any employee, law enforcement officer, or firefighter for cause.

The decision to suspend or remove any employee, law enforcement officer, or firefighter is subject to review at a hearing of the civil service board, if requested by the suspended or removed employee, law enforcement officer, or firefighter. At the hearing, the employee, law enforcement officer, or firefighter is entitled to be present in person or by counsel. The civil service board may affirm, modify, or reverse the suspension or removal. Any final order of the civil service board may be appealed to the circuit court pursuant to chapter 1-26 .

The ordinance establishing a civil service system may not be repealed or modified so as to affect the standing of any employee, law enforcement officer, or firefighter, except pursuant to the negotiation process provided for in chapter 3-18 . The ordinance establishing a civil service system may be repealed only by an initiated ordinance.

An employee, law enforcement officer, or firefighter represented by a labor or employee organization, authorized by chapter 3-18 , may not request the civil service board to review any suspension or removal, unless the labor contract covering the employee, law enforcement officer, or firefighter specifically provides for review.

Source: SL 1937, ch 178; SDC 1939, § 45.0201 (103); SL 1945, ch 197; SL 1982, ch 72, § 1; SL 1986, ch 68; SL 2026, ch 33, § 12.
S.D. Codified Laws § 9-20-2 — SD Code / Title 9 / Chapter 20 / Section 9-20-2
Petition proposing ordinance or resolution--Contents
Status: in_force

A petition to propose an ordinance or resolution shall be filed with the finance officer, containing in proper form the proposed ordinance or resolution. It shall be signed by the required number of the resident registered voters of the municipality. 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. No signature on a petition is valid if signed more than six months prior to the filing of the petitions.

Source: SDC 1939, § 45.1019; SL 1947, ch 199, § 2; SL 1957, ch 245, § 2; SL 1980, ch 64, § 3; SL 1983, ch 52, § 7; SL 1990, ch 104, § 4; SL 1992, ch 110, § 5; SL 1999, ch 41, § 1.
S.D. Codified Laws § 9-45-35 — SD Code / Title 9 / Chapter 45 / Section 9-45-35
Assumption by municipality of cost of repairing street previously constructed by assessment
Status: in_force

The resolution of necessity may provide that the municipality may pay any portion or all of the cost of resurfacing, rebuilding, or repaving the portion of any street, alley, or public way in which pavement has previously been placed and paid for wholly or in part by assessment of benefited property.

Source: SL 1929, ch 193; SDC 1939, § 45.1705; SL 1949, ch 185, § 5; SL 2012, ch 57, § 94.
S.D. Codified Laws § 9-41A-23 — SD Code / Title 9 / Chapter 41A / Section 9-41A-23
Determination of location and character of projects
Status: in_force

A municipal power agency may determine the location and character of, and all other matters in connection with, any and all projects it is authorized to acquire, hold, establish, effectuate, operate, or control.

Source: SL 1978, ch 66, § 26.
S.D. Codified Laws § 9-48-7 — SD Code / Title 9 / Chapter 48 / Section 9-48-7
Connections from sewers to lot line
Status: in_force

Any municipality may regulate and provide for the laying of sewer connections from the city trunk or service sewers, to the lot line. The municipality may assess the cost against the abutting property owner as provided by chapter 9-43 .

Source: SL 1913, ch 119, § 53, subdiv 12; RC 1919, § 6357; SDC 1939, § 45.0201 (85); SL 2012, ch 57, § 104.
S.D. Codified Laws § 9-47-26 — SD Code / Title 9 / Chapter 47 / Section 9-47-26
Election to provide service to persons outside three-mile area
Status: in_force

If a municipality elects to provide water service to any person being served by a rural water system and located more than three miles from the municipal boundaries, 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 .

Source: SL 1989, ch 387, § 5.
S.D. Codified Laws § 9-30-2 — SD Code / Title 9 / Chapter 30 / Section 9-30-2
Regulation of use of public places--Cleaning--Obstructions and encroachments
Status: in_force

Every municipality shall have power to regulate the use of sidewalks, streets, alleys, wharves, parks, and public grounds, to provide for cleaning the same, to prevent and remove obstructions and encroachments upon the same, to prevent injury to the same, to regulate or prevent any practice having a tendency to annoy persons frequenting the same, and to regulate or prohibit structures under sidewalks and riding and driving thereon.

Source: PolC 1877, ch 24, § 22, subdiv 11; CL 1887, § 1043, subdiv 11; SL 1890, ch 37, art V, § 1, subdiv 9, 10, 12, 15 to 21, 74; RPolC 1903, § 1229, subdiv 10, 74; RPolC 1903, § 1438, subdiv 11; SL 1909, ch 50; SL 1913, ch 119, § 53, subdiv 9 to 11, 15, 72; RC 1919, § 6169 (47), (48), SDC 1939, § 45.0201 (44).
S.D. Codified Laws § 9-21-27 — SD Code / Title 9 / Chapter 21 / Section 9-21-27
Transfer of bond redemption funds allowed if certain amount is retained
Status: in_force

No balance remaining at the end of any fiscal year in any fund raised for the purpose of paying the principal or interest upon the bonded indebtedness of the municipality may be transferred to any other fund unless enough money is retained in the fund to retire all outstanding bonds and to pay any interest which will accrue on the bonds.

Source: SL 1913, ch 119, § 118; RC 1919, § 6341; SDC 1939, § 45.1413; SL 1939, ch 187; SL 1955, ch 204; SL 1965, ch 213; SL 1988, ch 77.
S.D. Codified Laws § 9-10-5 — SD Code / Title 9 / Chapter 10 / Section 9-10-5
Commissioner form--Number, election, and terms of commissioners
Status: in_force

In all commission-governed municipalities employing a city manager, the number of at-large commissioners is nine, each elected to a term of three years, or four years if the commission has chosen to hold the regular municipal election only in even-numbered years, pursuant to § 9-13-1.3 .

At the first election, nine commissioners must be elected, three to serve until the next regular election, three to serve until the second regular election thereafter, and three to serve until the third regular election thereafter. If the commission has chosen to hold the regular municipal election only in even-numbered years, pursuant to § 9-13-1.3 , five commissioners are elected to serve a term of two years and four commissioners are elected to serve a term of four years. At each regular municipal election thereafter, three at-large commissioners must be elected for a term of three or four years each, as applicable.

Source: SL 1918, ch 56, § 1; RC 1919, § 6233; SL 1935, ch 158, § 12; SDC 1939, § 45.0905; SL 1992, ch 60, § 2; SL 2025, ch 38, § 42; SL 2026, ch 32, § 14.
S.D. Codified Laws § 9-47-20 — SD Code / Title 9 / Chapter 47 / Section 9-47-20
Municipal artesian wells authorized
Status: in_force

Every municipality shall have power to establish and maintain artesian wells.

Source: SDC 1939, § 45.0201 (105).
S.D. Codified Laws § 9-53-15 — SD Code / Title 9 / Chapter 53 / Section 9-53-15
Supervision of operation of hall--Maintenance funds
Status: in_force

The governing body shall be in charge of running and operating the public convention hall and may appropriate additional municipal revenues or funds raised by taxation for the maintenance of said public convention hall.

Source: SL 1967, ch 230, § 11.
S.D. Codified Laws § 9-54-5 — SD Code / Title 9 / Chapter 54 / Section 9-54-5
Amount of bond issue limited by costs
Status: in_force

In no case shall any revenue bonds be issued for an amount in excess of the actual cost of the project, including the site therefor and all other items referred to in § 9-54-4 .

Source: SL 1964, ch 148, § 6; SL 1973, ch 59, § 5.
S.D. Codified Laws § 9-51-33 — SD Code / Title 9 / Chapter 51 / Section 9-51-33
Operating management contracts for municipally owned parking facilities
Status: in_force

The governing body may, in the alternative, employ any person, firm, or corporation as operating manager and agent for the municipality to operate and maintain any automobile parking facility or facilities in behalf of the municipality under a contract defining the terms of such employment.

Source: SL 1955, ch 216, § 9; SDC Supp 1960, § 45.02A09.
S.D. Codified Laws § 9-33-18 — SD Code / Title 9 / Chapter 33 / Section 9-33-18
City safety council
Status: in_force

Every municipality of the first class shall have power to establish, maintain, and support, in whole or in part, a safety council operated on any plan of membership and action as formulated by the National Safety Council.

Source: SL 1955, ch 220; SDC Supp 1960, § 45.0203 (6); SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-19-21 — SD Code / Title 9 / Chapter 19 / Section 9-19-21
Municipality implementation of pretreatment program--Fines for violations by industrial users
Status: in_force

Any municipality that is required to develop a pretreatment program in accordance with chapter 34A-2 may enact, make, amend, revise or repeal all such ordinances, resolutions, and regulations as may be proper and necessary to implement the pretreatment program and to provide for the punishment of each pretreatment violation by industrial users pursuant to § 34A-2-15 with a civil penalty of up to one thousand dollars per day for each violation.

Source: SL 1992, ch 254, § 89.
S.D. Codified Laws § 9-45-13.1 — SD Code / Title 9 / Chapter 45 / Section 9-45-13.1
Vacation of street in extraterritorial jurisdiction of municipality
Status: in_force

A municipal governing body may vacate a street within its extraterritorial jurisdiction, as defined in § 11-6-10 , upon approval of the board of county commissioners.

Source: SL 1981, ch 75.
S.D. Codified Laws § 9-44-2 — SD Code / Title 9 / Chapter 44 / Section 9-44-2
Authorization--Issuance--Sale--Maturity
Status: in_force

Municipal improvement bonds shall be authorized, issued, and sold as provided in chapter 6-8B , except that all bonds shall mature not later than one year after the due date of the last assessment installment. In fixing serial maturities, the governing body shall estimate the amounts of money which will be available from time to time through collections of assessments, taxes, and service charges levied or imposed as herein provided, and shall adopt a schedule of maturities such that to the best of their judgment moneys will be available from sources at times and in amounts as to permit payment of all principal and interest as the payments become due.

Source: SL 1947, ch 219, § 3; SDC Supp 1960, § 45.21A03; SL 1984, ch 43, § 86.
S.D. Codified Laws § 9-43-101 — SD Code / Title 9 / Chapter 43 / Section 9-43-101
Waiver or reduction permitted
Status: in_force

A municipality may waive or reduce special assessments levied against owner-occupied single family dwellings, if the head of household is sixty-five years of age or older, or is disabled, or if the annual household income does not exceed the federal poverty level as updated annually on the Department of Social Services website. The terms used in this section are defined in § 10-6B-1 .

Source: SL 2012, ch 57, § 29; SL 2026, ch 37, § 1.
S.D. Codified Laws § 9-52-1.1 — SD Code / Title 9 / Chapter 52 / Section 9-52-1.1
Lease of auditorium or convention center--Terms--Rent
Status: in_force

A municipality, in order to establish a municipal auditorium or convention center as defined and empowered by law, shall have the power to enter into a long - term lease, for a term not to exceed thirty years, with or without an option to renew or purchase, for the acquisition of such facilities. Such lease may be on both real and personal property, or either exclusively, and may cover the structure, site and contents, or structure and contents only, with or without furniture and equipment and may provide for erection of the structure upon a site owned by the municipality. A lease may be entered into for an existing building or for one to be erected in the future. Rent paid under the terms of the lease may be paid from the general funds of the municipality or may be paid from any fund established for maintenance of such a facility or construction of same by the municipality.

Source: SL 1972, ch 53; SL 1980, ch 72.
S.D. Codified Laws § 9-8-7 — SD Code / Title 9 / Chapter 8 / Section 9-8-7
Common council--President and vice president--Election--Term--Vacancy
Status: in_force

At the first regular meeting after the regular municipal election held pursuant to § 9-13-1 or 9-13-1.3 , and the qualification of the newly elected aldermen, the council shall elect from among its members a president and vice president, who shall hold their respective offices for one year or until a president and vice president are elected the following year, whichever is later. In a year when there is no regular election, the council shall elect from among its members a president and vice president at the first regular meeting that occurs no more than one year after the president and vice president were last elected from among the council’s members.

If an emergency prevents the first regular meeting from occurring, the election must take place at either the next regular meeting or a special meeting. If there is a vacancy in the office of the president, the council must elect a president from among its members at the first regular or special meeting that occurs after the vacancy occurred.

If there is a vacancy in the office of the vice president, the council must elect a vice president from among its members at the first regular or special meeting that occurs after the vacancy occurred. If the vacancy in the office of the vice president occurs during a meeting, the council may choose to elect a vice president from among its members during the same meeting.

Source: SL 1890, ch 37, art IV, § 10; RPolC 1903, § 1207; RC 1919, § 6213; SDC 1939, § 45.0706; SL 1992, ch 60, § 2; SL 2017, ch 56, § 7; SL 2025, ch 38, § 23; SL 2026, ch 32, § 10.
S.D. Codified Laws § 9-3-12 — SD Code / Title 9 / Chapter 3 / Section 9-3-12
County commissioners' order--Conclusive effect
Status: in_force

If satisfied of the legality of the election, the board of county commissioners must make an order declaring that the proposed municipality is incorporated by the name adopted. The order is conclusive of the fact of the incorporation in all suits by or against the municipality.

Source: CL 1887, § 1030; SL 1901, ch 74, § 1; RPolC 1903, § 1425; RC 1919, § 6180; SDC 1939, § 45.0310; SL 2024, ch 28, § 27.
S.D. Codified Laws § 9-39-35 — SD Code / Title 9 / Chapter 39 / Section 9-39-35
Waiting period after election on powers of utility board
Status: in_force

The question of whether to establish a municipal utility board, or of abolishing same, or of terminating its authority as to any municipal utility, having been submitted to a vote of the electorate, shall not be resubmitted within a period of three years thereafter.

Source: SL 1955, ch 221, § 9; SDC Supp 1960, § 45.3909.
S.D. Codified Laws § 9-55-7 — SD Code / Title 9 / Chapter 55 / Section 9-55-7
Creation of districts by resolution of intent--Contents--Basis of occupation tax or special assessment
Status: in_force

Upon receiving a recommendation from the business improvement board, the governing body may create one or more business improvement districts by adopting a resolution of intent to establish a district or districts. The resolution shall contain the following information:

(1) A description of the boundaries of any proposed district;

(2) The time and place of a hearing to be held by the governing body to consider establishment of a district or districts;

(3) The proposed public facilities and improvements to be made or maintained within any such district; and

(4) The proposed or estimated costs for improvements, facilities and activities within any district, and the method by which the revenue shall be raised. If a special assessment is proposed, the resolution also shall state the proposed method of assessment.

The notice of intent shall recite that the method of raising revenue shall be fair and equitable. In the use of a general occupation tax, the tax shall be based primarily on the square footage of the owner's and user's place of business or based on rooms rented by any lodging establishment to transient guests as defined in § 10-45-7 . If the occupational tax is based on rooms rented by a lodging establishment, the tax shall be imposed on the transient guest and such tax may not exceed two dollars per occupied room per night. However, no occupational tax may be imposed on any transient guest who has been offered a room by a lodging establishment on a complimentary basis and no fee or rent was charged for such room. In the use of a special assessment, the assessment shall be based upon the special benefit to the property within the district.

Source: SL 1986, ch 81, § 7; SL 2005, ch 54, § 3.
S.D. Codified Laws § 9-40-27 — SD Code / Title 9 / Chapter 40 / Section 9-40-27
Enforcement by bondholders of statutory mortgage and requirements of chapter
Status: in_force

Any holder of bonds issued pursuant to this chapter or of any of the coupons may by proper proceeding protect and enforce the statutory mortgage lien conferred by § 9-40-25 and may enforce and compel performance of all duties required by this chapter, including the making and collecting of sufficient rates, the segregation of the income and revenue, and the proper application thereof.

Source: SL 1931, ch 194, § 7; SDC 1939, § 45.2407.
S.D. Codified Laws § 9-41A-41 — SD Code / Title 9 / Chapter 41A / Section 9-41A-41
Agency funds pledged for security of bonds and notes
Status: in_force

Except as may be otherwise expressly provided by this chapter or by the municipal power agency, every issue of bonds or notes of the agency shall be payable out of any revenues or funds of the agency, subject only to any agreements with the holders of particular bonds or notes pledging any particular revenues or funds. A municipal power agency may issue types of bonds or notes as it may determine, including bonds or notes as to which the principal and interest are payable exclusively from the revenues from one or more projects, or from an interest therein or a right to capacity thereof, or from one or more revenue producing contracts made by the municipal power agency with any person or persons, or from its revenues generally. Any bonds or notes may be additionally secured by a pledge of any grant, subsidy, or contribution from any public agency or other person, or a pledge of any income or revenues, funds, or moneys of the municipal power agency from any source whatsoever.

Source: SL 1978, ch 66, § 35.
S.D. Codified Laws § 9-27-34.1 — SD Code / Title 9 / Chapter 27 / Section 9-27-34.1
Exchange of land with private owner--Appraisal--Public notice and hearing
Status: in_force

Any municipality may, by resolution, exchange any land belonging to such municipality with a private owner. Before entering into a contract for the exchange of real property, the governing body shall cause the 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. Any exchange shall be made upon such terms, conditions and in such manner as may be determined and agreed upon by the parties, following public notice and hearing. The notice of the proposed exchange and hearing shall be published once at least ten days before the hearing. The notice shall contain a description of the lands to be exchanged.

Source: SL 1987, ch 65, § 1.
S.D. Codified Laws § 9-29-7 — SD Code / Title 9 / Chapter 29 / Section 9-29-7
Regulation of alcoholic beverage sales, use, and consumption
Status: in_force

Each municipality may prohibit or regulate the transaction of business in alcoholic beverages and the use and consumption of alcoholic beverages, establish the number of on- and off-sale licenses which may be issued and the fees to be charged for the licenses, and provide for reasonable classifications of on-sale and off-sale licenses consistent with the provisions of Title 35.

Source: SL 1941, ch 209; SDC Supp 1960, § 45.0201-1 (3); SL 1971, ch 65, § 2; SL 1980, ch 251, § 3; SL 2010, ch 183, § 8.
S.D. Codified Laws § 9-3-1.1 — SD Code / Title 9 / Chapter 3 / Section 9-3-1.1
Minimum distance from existing municipality--Exceptions
Status: in_force

A municipality may not be incorporated if any part of the proposed municipality lies within three miles of any point on the perimeter of the corporate limits of an incorporated municipality, unless:

(1) The incorporated municipality refuses or fails to annex a territory that is contiguous to the incorporated municipality after the contiguous territory has properly petitioned the municipality to be annexed as provided by § 9-4-1 ; or

(2) The territory to be incorporated has a post office and:

(a) Is in a different county than the incorporated municipality; or

(b) The incorporated municipality has a population of less than five thousand.

Source: SL 1971, ch 54; SL 1987, ch 74; SL 2016, ch 48, § 2; SL 2024, ch 28, § 20; SL 2024, ch 29, § 1.
S.D. Codified Laws § 9-36-1 — SD Code / Title 9 / Chapter 36 / Section 9-36-1
Municipal power to define and improve stream boundaries
Status: in_force

Every municipality shall have power to establish and define the boundary lines of rivers and streams and to improve the same as provided by this chapter.

Source: SL 1931, ch 189, § 1; SDC 1939, § 45.0201 (100).
S.D. Codified Laws § 9-20-10 — SD Code / Title 9 / Chapter 20 / Section 9-20-10
Liberal construction of referendum petition
Status: in_force

Such petition may be made up and signed and shall be liberally construed as provided by the statute governing an initiated law.

Source: SDC 1939, § 45.1012; SL 1957, ch 245, § 1.
S.D. Codified Laws § 9-20-19 — SD Code / Title 9 / Chapter 20 / Section 9-20-19
Legislative decision of governing body subject to referendum--Administrative decision not subject to referendum
Status: in_force

Any legislative decision of a governing body is subject to the referendum process. A legislative decision is one that enacts a permanent law or lays down a rule of conduct or course of policy for the guidance of citizens or their officers. Any matter of a permanent or general character is a legislative decision.

No administrative decision of a governing body is subject to the referendum process, unless specifically authorized by this code. An administrative decision is one that merely puts into execution a plan already adopted by the governing body itself or by the Legislature. Supervision of a program is an administrative decision. Hiring, disciplining, and setting the salaries of employees are administrative decisions.

Source: SL 1986, ch 73, § 2.
S.D. Codified Laws § 9-43-127 — SD Code / Title 9 / Chapter 43 / Section 9-43-127
Districts for construction and maintenance of local improvements
Status: in_force

The governing body of any municipality may establish one or more districts for the construction and maintenance of local improvements. The governing body may establish or modify the boundary of the district, construct improvements or portions of improvements, and assess the cost of the improvement to the property within the district as provided in this chapter.

Source: SL 2012, ch 57, § 55.
S.D. Codified Laws § 9-16-34 — SD Code / Title 9 / Chapter 16 / Section 9-16-34
Workmen's compensation benefits deductible from firemen's pensions--Subrogation of first or second class municipality to rights of member or beneficiary against third party
Status: in_force

Any amounts which may be paid or payable under the provisions of any workmen's compensation or similar law to a member or beneficiary or to the dependents of a member or beneficiary on account of any disability shall be offset against and payable in lieu of any pensions payable as provided in this chapter on account of the same disability. 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, § 45.1208 (4) as added by SL 1955, ch 202, § 3; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-42-4 — SD Code / Title 9 / Chapter 42 / Section 9-42-4
Plans and specifications for local improvements--Notice and advertising for bids
Status: in_force

If any local improvement other than a sidewalk or bulkhead is ordered by the governing body, the governing body shall have plans and specifications prepared and filed in the office of the auditor or clerk. The governing body shall designate a time, not less than two weeks from the date of the filing, at which sealed bids for the construction of the improvement will be received.

The governing body shall publish notice in the official paper, or elsewhere if deemed advisable, in accordance with the provisions of chapters 5-18A and 5-18B . The notice shall specify whether the improvement shall be paid for in cash or by special assessment certificates and the rate of interest which the certificates shall bear.

Source: SL 1909, ch 110; RC 1919, § 6348; SDC 1939, § 45.1502; SL 1972, ch 34, § 3; SL 1979, ch 59, § 1; SL 1983, ch 28, § 22; SL 2011, ch 2, § 117.
S.D. Codified Laws § 9-4-4.4 — SD Code / Title 9 / Chapter 4 / Section 9-4-4.4
Hearing on resolution of annexation--Notice to landowners and county auditor--Adoption of resolution--Contents
Status: in_force

The governing body shall hold a public hearing to consider extension of its boundaries within sixty days of the adoption of the resolution of intent provided for in §§ 9-4-4.2 and 9-4-4.11 . Prior to adoption of the resolution of annexation, a copy of the adopted resolution of intent and a notice of the time and place of the public hearing on the resolution of annexation shall be forwarded by certified mail to the affected landowners and the county auditor, who shall then forward the adopted resolution of intent and notice of public hearing regarding the resolution of annexation to the county commissioners. The notice shall be postmarked not less than ten days and not more than twenty days before the date of the public hearing. The governing body shall utilize and rely upon the records of the county director of equalization for the purposes of determining the affected landowners. The governing body may adopt an annexation resolution, containing the description and boundaries of the territory to be annexed, pursuant to chapter 9-19 , within one hundred and twenty days of the public hearing. The governing body shall consider any objections to the resolution of annexation and the adopted resolution of intent, and may adopt the resolution of annexation with or without amendments, and may also add to the resolution of annexation any amendments to the resolution of intent. No amendment may be made affecting any property not described in the original resolution.

Source: SDC 1939, § 45.2906; SL 1955, ch 215, § 1; SDCL §§ 9-4-3, 9-4-4; SL 1979, ch 47, §§ 4, 5; SL 1984, ch 52, § 3; SL 1988, ch 74, § 3; SL 2012, ch 54, § 2.
S.D. Codified Laws § 9-41A-17 — SD Code / Title 9 / Chapter 41A / Section 9-41A-17
Powers exercised by directors--Good faith required
Status: in_force

All powers of the municipal power agency shall be exercised by its board of directors, unless otherwise provided by the agency agreement or bylaws. Directors shall discharge their duties in good faith.

Source: SL 1978, ch 66, §§ 8, 13.
S.D. Codified Laws § 9-47-6 — SD Code / Title 9 / Chapter 47 / Section 9-47-6
Connections from water main to lot line--Assessment
Status: in_force

Every municipality shall have power to regulate and provide for the laying of water connections from the city water mains to the lot line, and to assess the cost against the abutting property owner as provided by this title.

Source: SL 1890, ch 37, art V, § 1, subdiv 13; RPolC 1903, § 1229, subdiv 13; SL 1913, ch 119, § 53, subdiv 12; RC 1919, § 6357; SDC 1939, § 45.0201 (85).
S.D. Codified Laws § 9-14-7 — SD Code / Title 9 / Chapter 14 / Section 9-14-7
9-14-7. Oath or affirmation and undertaking of clerk, director of equalization, treasurer, and marshal in third class municipalities
Status: in_force

In third class municipalities the clerk, director of equalization, treasurer, and marshal, within ten days after the first meeting of the month following the election or appointment, shall take and subscribe an oath or affirmation of office in the form required by the Constitution and furnish an undertaking to be approved by the Board of Trustees in such sum as it shall direct.
S.D. Codified Laws § 9-4-4.2 — SD Code / Title 9 / Chapter 4 / Section 9-4-4.2
Resolution of intent to annex--Contents for large 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 one thousand or more 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) That municipal utilities and a major street network are considered in terms of the proposed boundary extension and that there is a definite timetable upon which municipal service will be extended into the contiguous territory;

(4) The approximate cost of the extended service to the residents of the contiguous territory and the municipality;

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

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

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

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

Source: PolC 1877, ch 24, § 48; CL 1887, § 1073; RPolC 1903, §§ 1378, 1379, 1462; RC 1919, § 6560; SDC 1939, § 45.2906; SL 1955, ch 215, § 1; SDCL, §§ 9-4-2 , 9-4-3; SL 1979, ch 47, § 2; SL 1984, ch 52, § 1; SL 1988, ch 74, § 1.
S.D. Codified Laws § 9-25-12 — SD Code / Title 9 / Chapter 25 / Section 9-25-12
Promissory notes authorized--Sources of repayment--Recitals--Issuance and sale--Maximum term
Status: in_force

A municipality may borrow money from any source willing to lend the money by issuing a promissory note subject to the limitations set in §§ 9-25-13 to 9-25-16 , inclusive. Notes issued pursuant to this section are payable solely from the sources provided in § 9-25-13 and do not constitute an indebtedness of the municipality within the meaning of any constitutional or statutory provisions or limitations, any provisions in the notes set forth or set forth in the resolution authorizing the notes to the contrary notwithstanding. The notes shall recite the authority under which the notes are issued and shall state that the notes are issued in conformity with the provisions, restrictions, and limitations of §§ 9-25-13 to 9-25-16 , inclusive, and that the notes and the interest thereon are payable from the sources provided. The notes shall be authorized, issued, and sold in accordance with chapter 6-8B . No election is required and the notes may not be issued for a term in excess of five years. However, a note issued for any loan authorized by the United States Department of Agriculture may be issued for a term of not more than ten years and an unsecured promissory note under the municipal debt limit may be issued for a term of not more than twenty years.

Source: SL 1978, ch 63, § 1; SL 1981, ch 70, § 1; SL 1983, ch 62, § 1; SL 1984, ch 43, § 67B; SL 1991, ch 73, § 1; SL 1994, ch 70; SL 2005, ch 52, § 1; SL 2019, ch 54, § 1.
S.D. Codified Laws § 9-35-5 — SD Code / Title 9 / Chapter 35 / Section 9-35-5
Majority vote of voters required for franchise
Status: in_force

No such franchise or franchise ordinance shall be effective, except as otherwise specifically provided, unless the proposal to grant the same be approved at such election by a majority vote of the voters of such municipality voting thereon.

Source: SL 1913, ch 119, § 53, subdiv 78; SL 1913, ch 119, § 123; RC 1919, § 6248; SL 1921, ch 310; SDC 1939, § 45.1006.
S.D. Codified Laws § 9-3-3 — SD Code / Title 9 / Chapter 3 / Section 9-3-3
Census of proposed municipality--Contents--Verification
Status: in_force

Any person making application for the organization of a proposed municipality shall cause an accurate census to be taken of the landowners and the legal resident population of the proposed municipality not more than thirty days prior to the time of presenting the application to the board of county commissioners. The census must list the name of each landowner and legal resident residing in the proposed municipality. The census must be verified by the affidavit of the person taking the census.

Source: SDC 1939, § 45.0302; SL 1999, ch 37, § 1; SL 2016, ch 48, § 4; SL 2024, ch 28, § 21.
S.D. Codified Laws § 9-9-14 — SD Code / Title 9 / Chapter 9 / Section 9-9-14
Board--Quorum--Majority vote for action
Status: in_force

A majority of all the commissioners on the board of commissioners constitutes a quorum to do business. If a seat on the board is vacant due to removal, resignation, death, or by operation of law, the quorum consists of the majority of all the remaining commissioners who are qualified to serve by election or appointment pursuant to chapter 9-13 . The board may compel the attendance of any absentee under penalties as prescribed by ordinance.

No action of the board is effective unless upon a vote of a majority of all the members of the board.

Source: SL 1913, ch 119, §§ 31, 32; RC 1919, §§ 6229, 6230; SDC 1939, § 45.0810; SL 2018, ch 49, § 12; SL 2025, ch 38, § 32.
S.D. Codified Laws § 9-43-90 — SD Code / Title 9 / Chapter 43 / Section 9-43-90
Hearing on assessment roll--Notice
Status: in_force

Upon the filing of the assessment roll with the finance officer, the governing body shall fix a time and place for hearing on the assessment roll. The finance officer shall publish a notice of the time and place of hearing in the official newspaper not less than ten nor more than twenty days before the date set for the hearing. The notice shall, in general terms, describe the improvement for which the special assessment is levied, the time and place of the hearing, and that the roll will be open for public inspection at the office of the finance officer and shall refer to the special assessment roll for further particulars.

In addition to the publication of the notice of hearing, the finance officer shall mail a copy of the notice, by first class or certified mail, addressed to the owner or owners of any property to be assessed for the improvement at the address shown by the records of the director of equalization. The mailing may not be less than ten nor more than twenty days before the date set for the hearing.

Source: SL 2012, ch 57, § 18.
S.D. Codified Laws § 9-55-2 — SD Code / Title 9 / Chapter 55 / Section 9-55-2
Imposition of special assessment or general business license and occupation tax
Status: in_force

Any municipality may impose a special assessment upon the property within a business improvement district in the municipality or a general business license and occupation tax on businesses and users of space within a business improvement district or both.

Source: SL 1986, ch 81, § 2; SL 2003, ch 47, § 2.
S.D. Codified Laws § 9-42-8 — SD Code / Title 9 / Chapter 42 / Section 9-42-8
Engineer's estimate of costs to be paid by municipality, state and federal agency--Basis for special assessments--Revision of estimate on completion of work
Status: in_force

In the event that any improvement covered by such a contract as described in §§ 9-42-6 and 9-42-7 is to be financed in part by special assessments, the city engineer, or the governing body if there be no city engineer, upon the award of such contract, shall make and file for public inspection in the city engineer's office or in the office of the governing body an estimate of the portion of the cost thereof to be paid by the municipality under the terms of said contract and the agreement made with such state or federal agency for the financing thereof, plus any incidental costs necessary to be paid by the first or second class municipality for the completion of the improvement, and such estimate, when approved by the governing body, shall constitute the basis for the special assessments to be levied as now provided by statute. Such estimate shall be subject to revision in the course of or upon the completion of the work, as the facts may appear, and supplemental assessments may be levied upon the basis of any such revised estimate in the manner provided by law.

Source: SDC 1939, § 45.1501 as added by SL 1953, ch 260, § 1; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-38-22 — SD Code / Title 9 / Chapter 38 / Section 9-38-22
Park board records as evidence
Status: in_force

The records of such board, kept by its secretary, or copies of any such records when duly certified by the secretary shall be competent evidence of the proceedings of such board.

Source: SL 1915, ch 260, § 5; RC 1919, § 6448; SDC 1939, § 45.2509.
S.D. Codified Laws § 9-14-33 — SD Code / Title 9 / Chapter 14 / Section 9-14-33
Life, health, and accident insurance--Salary deductions for participation
Status: in_force

A municipality may deduct out of the salary or wages of municipal employees or officers the amount of their participation in the cost of insurance provided pursuant to § 9-14-30 .

Source: SL 1949, ch 199, § 2; SDC Supp 1960, § 45.0201-1 (7); SL 2026, ch 33, § 24.
S.D. Codified Laws § 9-36-15 — SD Code / Title 9 / Chapter 36 / Section 9-36-15
Agreements with state and United States for cooperation in flood control projects
Status: in_force

Every municipality shall have power to enter into agreements with the United States, with the State of South Dakota and with any authorized agency, subdivision, or unit of government, federal or state, to cooperate in preventing or controlling flooding.

Source: SL 1957, ch 255; SDC Supp 1960, § 45.0201-1 (18).
S.D. Codified Laws § 9-16-2 — SD Code / Title 9 / Chapter 16 / Section 9-16-2
Conversion of pension law to retirement system without voters' authorization
Status: in_force

A first or second class municipality which has, prior to July 1, 1949, adopted the city retired employees' and officers' pension law under the provisions of statutes then in force may establish a retirement system under this chapter without further authorization.

Source: SDC 1939, § 45.1204 as added by SL 1949, ch 183, § 4; SL 1992, ch 60, § 2.
S.D. Codified Laws § 9-12-4 — SD Code / Title 9 / Chapter 12 / Section 9-12-4
Agreements with state and United States to carry out municipal functions
Status: in_force

Every municipality shall have power to enter into agreements with the United States, with the State of South Dakota and with any authorized agency, subdivision or unit of government, federal or state, to carry out any authorized municipal function.

Source: SL 1964, ch 145.
S.D. Codified Laws § 9-41A-26 — SD Code / Title 9 / Chapter 41A / Section 9-41A-26
Powers over money
Status: in_force

A municipal power agency may acquire, hold, use, and dispose of income, revenues, funds, and money.

Source: SL 1978, ch 66, § 19.
S.D. Codified Laws § 9-2-4 — SD Code / Title 9 / Chapter 2 / Section 9-2-4
Form of government for existing municipalities continued
Status: in_force

The present classification of government of existing municipalities continues until changed as provided by this title.

Source: RC 1919, § 6188; SDC 1939, § 45.0402; SL 2024, ch 28, § 18.